Cannon Water Adventures
- Observe all posted signs and warnings as well as obey all instructions provided by CANNON BOARD COMPANY LLC DBA CANNON WATER ADVENTURES (CANNON WATER ADVENTURES) staff.
- All participants must have a Personal Flotation Device and whistle with them at all times while on the water. Children under 13 years of age must be wearing their PFD while the vessel is underway.
- All participants must wear appropriate safety equipment and use all equipment in the manner directed by CANNON WATER ADVENTURES.
- All persons engaging in any Activity on the water should be able to swim.
- No personal items that can be lost should be brought along while engaging in any of the Activities. CANNON WATER ADVENTURES is not responsible for any participant’s personal property.
- Inform our staff of any physical limitation or any safety concern you may have, but remember that CANNON WATER ADVENTURES cannot determine if you can safely participate. Persons that have physical limitations, are suffering any illness, or are pregnant should not engage in the Activities unless they have consulted their physicians. Participation in Activities is at person’s own risk.
- Do not drink alcohol or take drugs/intoxicants prior to participating in or during any CANNON WATER ADVENTURES Activity.
- Children must be supervised by a parent or guardian at all times.
- The renter is responsible for the rental equipment including any loss or damages to the equipment or caused by the equipment provided by CANNON WATER ADVENTURES for the entire length of your rental.
- Only the participants who complete the CANNON WATER ADVENTURES liability waiver and review the rules and regulations may use the rental equipment. The renter is responsible to ensure any individual using the equipment during their rental period has completed the waiver. Do not allow others to use the equipment.
The following is a partial list of the inherent risks associated with the Activities at CANNON WATER ADVENTURES. This list does not include all inherent risks, but serves to provide examples and promote an understanding of the risks.
CANNON WATER ADVENTURES Does Not Provide Onsite Medical Services.
All of the Activities at and provided by CANNON WATER ADVENTURES expose participants to risk of:
- Head trauma and facial injuries
- Fractures, dislocations, sprains, strains, and other soft tissue injuries
- Contusions, lacerations, and abrasions
- Complications associated with exposure to weather and physical exertion
- Impacts with other individuals or participants and/or their equipment
- Perils and hazards arising from other guests
- Perils and hazards arising from natural features, plants, animals, insects, wet surfaces, tripping and/or falling hazards, and other types of contact with man-made and natural features
- Perils and hazards arising from equipment failure or malfunction and potential misjudgment by staff
- Remote locations that can delay the delivery of emergency medical services
- Loss of personal property
Water based Activities more specifically expose participants to risk of:
- Drowning or other complications associated with immersion in water.
- Falling into water and/or swimming in turbulent water.
- Becoming pinned or entrapped by items or obstacles in/on the water.
- Colliding with rocks, tree stumps, boats, and other items in the water.
- Falling while entering or exiting the water or the equipment.
- Motorized watercraft on any waters where Activities are participated in.
IMPORTANT SAFETY INFORMATION
- Always wear the PFD and other safety equipment including board leash and engine cut off lanyard while on the water.
- Remember the path you take while on the water so you know how to get back to your launch point.
- If you fall off the equipment, fall away from and avoid falling on to the equipment in order to avoid injury.
- Stay clear of objects in the water, the shore, docks, and watercraft.
- When approaching a dock or shore to exit water, drop onto your knees on the board and paddle as you get closer in order to reduce risk of injury.
- All other watercraft including motorized and non-motorized watercraft have the right of way.
Kayaks & Paddle Boards: Cancellations must be made at least 72 hours in advance of your scheduled rental in order to receive a full refund. Cancellations made within 72 hours of the time of the rental will be eligible for a 50% refund. When a reservation is made, we mark our boards as unavailable for additional renters in order to avoid overbooking our rentals.
Boats & Jet Skis: Cancellations must be made at least 72 hours in advance of your scheduled rental in order to receive a full refund. You will forfeit your reservation deposit if your cancellation is made within 72 hours of the start of the rental. When a reservation is made, we mark our boats and jet skis as unavailable for additional renters in order to avoid overbooking our rentals.
Refunds are issued due to weather conditions as deemed necessary by CANNON WATER ADVENTURES. In the event of unfavorable weather, you will be notified and given the option to change your reservation at no charge or receive a full refund. Factors we will consider include lightning, heavy rain, wind over 15-20 MPH, and other conditions which may affect the safety of participants. We reserve the right to decide when to enforce this policy in order to maintain a safe, fun environment for our customers.
If rental equipment is returned early due to weather the renter has the option of receiving a pro-rated refund or credit toward a future rental at Cannon Water Adventures discretion.
Pick up and delivery rentals of 1 day or more will not be issued a refund per the weather policy as we only monitor local weather. The renter may bring to our attention weather conditions for the area where they plan to take the rental in which a determinations will be made to allow the renter the option of rescheduling their rental at no charge. No refund will be issued under these circumstances. The renter is responsible for ensuring safe conditions where using their rental. The rentals should not be used in storms, high winds over 20 MPH, or large waves.[/vc_column_text][/trx_section][/vc_column][/vc_row]
CANNON BOARD COMPANY LLC dba CANNON WATER ADVENTURES
ASSUMPTION OF RISK, RELEASE, AND INDEMNITY AGREEMENT
BEFORE SIGNING THIS ACKNOWLEDGEMENT OF RISK, WAIVER, AND RELEASE OF CLAIMS (THIS “AGREEMENT”), YOU MUST READ THIS AGREEMENT VERY CAREFULLY. IF AN ACCIDENT WERE TO OCCUR INVOLVING YOU AND/OR YOUR MINOR/WARD, YOU AND/OR YOUR MINOR/WARD (BY SIGNING THIS AGREEMENT) WOULD BE GIVING UP LEGAL RIGHTS THAT YOU AND/OR MINOR/WARD MIGHT OTHERWISE HAVE. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS AGREEMENT, OR IF YOU OBJECT TO ANY PROVISION CONTAINED IN THIS AGREEMENT, YOU SHOULD NOT SIGN IT BUT SHOULD SEEK ADVICE FROM YOUR LEGAL COUNSEL.
Assumption of Risk: I understand that the Activities in which and/or my minor/ward and/or my minor/ward will engage in with CANNON WATER ADVENTURES involve inherent risks and other outside risks. Some of those risks are described in this Agreement, but they do not constitute an exhaustive list. I acknowledge that the Activities require a certain degree of physical condition, ability, maturity, and skill. I acknowledge that I am solely responsible for determining my or that of my minor/ward suitability to participate in the Activities. I hereby certify that I do have (or my child has) the requisite skills, qualifications, physical and mental ability, including the ability to swim, necessary to properly and safely participate in the Activities. I understand that these Activities are not rides or amusement devices with guaranteed outcomes, but are instead sports activities. I further understand and agree that CANNON WATER ADVENTURES shall have no duty to warn me of or to remedy any natural or manmade risks, dangers, or hazards. and/or my minor/ward and/or my minor/ward have responsibility for my (his/her) safety and will follow instructions, make reasonable decisions, and act responsibly. CANNON WATER ADVENTURES cannot ensure my or that of my minor/ward safety and cannot eliminate all of the risks of the Activities. I choose to voluntarily participate (or allow my child to participate) in the Activities despite all risks. I assume all inherent and other risks and accept responsibility for any property damage and loss and for any personal injury, illness, disability, emotional distress, and death that and/or my minor/ward and/or my minor/ward may suffer, whether described in this document or not.
In consideration of CANNON WATER ADVENTURES providing services and facilities and allowing me and/or my minor/ward to participate in or observe the Activities, I agree to the following:
Waiver and Release: I agree to waive, relinquish, discharge, release, and covenant not to sue CANNON WATER ADVENTURES or its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss that I, my minor/ward, or other family member may have or that may accrue to me, my minor/ward, or other family members arising out of, connected with, or in any way associated with the Activities provided by the CANNON WATER ADVENTURES. Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may seek redress due to the reckless conduct of others or due to the conduct of others which is both intentional and wrongful.
Indemnity: For myself and for that of my minor/ward, I agree to defend, hold harmless, and indemnify CANNON WATER ADVENTURES for claims resulting from any of my negligent or reckless acts or omissions, including any attorneys’ fees and court costs. I warrant and represent that I have no medical or other condition which would prohibit me from participating in any of the Activities.
Acknowledgement of Rules and Regulations and Photo Waiver: I acknowledge reading and understanding CANNON WATER ADVENTURES Rules and Regulations (available upon request and at https://www.cannonwateradventures.com/policies) relating to the Activities, facilities of CANNON WATER ADVENTURES and equipment and agree to comply with and abide by those Rules & Regulations. CANNON WATER ADVENTURES may take and use photographs, video, film, and other images of me and/or my minor/ward participating in or observing the Activities. I waive any right of privacy, publicity, compensation, copyright, or other rights to those images and I consent to CANNON WATER ADVENTURES using those images for any purpose.
Additional Provisions: I agree that the substantive laws of North Carolina (but not any law that would apply the laws of another state) govern this Agreement and any dispute I have (or my minor/ward has) with CANNON WATER ADVENTURES and consent to jurisdiction in Catawba County, North Carolina. Any mediation, suit, or proceeding will be entered into only in Catawba County, North Carolina. Any portion of this Agreement deemed unlawful or unenforceable is severable and shall be stricken without effect on the enforceability of the remaining provisions.
This Agreement constitutes the entire agreement between the Parties on the issues contained in this Agreement and supersedes all prior agreements and/or memoranda. This Agreement may only be modified in writing with the written consent of both Parties. This Agreement is intended to bind only the Parties hereto, and their successors, and may not be assigned by either Party without the express written consent of the other.
By completing and submitting this form, I agree to the above terms. I have read this Agreement, I understand its contents, and I sign it voluntarily. I intend by this Agreement to assume all hazards and risks, waive all rights to sue and release all liabilities and claims, and indemnify CANNON WATER ADVENTURES for any claims arising from my or that of my minor/ward participation in the Activities. I understand that this Agreement has no expiration date and remains in effect at all times that I am (or my minor/ward is) observing or participating in the Activities and will be binding on me, my family members, heirs, assigns, executors, representatives, and estate. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.