RE: [Paddlewise] Trips - hosts and leaders

John Kirk-Anderson said:

> I like this idea, could you expand on the explicit spelling?
> 
> While we haven't - yet - stumbled down the crazy path of 
> litigation, the walk has begun.
> 

John,

The waiver I use for non-club hosted trips is: 

This is not a CKF or any other club sponsored paddle. We will have
experienced paddlers on this trip, but they will not be responsible for
telling you what is or is not safe for you to do. We watch out for one
another and assist one another, but all individuals are responsible for, and
manage their own safety. This responsibility includes assessing your gear,
skill level, and physical conditioning relative to conditions and location,
as well as making decisions about what you will or will not do. 

Participants acknowledge that kayaking on the open sea is inherently
dangerous and can lead to physical injury including death as well as
property damage. Injuries include but are not limited to: Drowning,
hypothermia, physical injury from surf, rock collision, boat collision, high
seas.  Participants, their heirs and assignees, agree to hold the announcers
and other participants blameless in the event of such injury, damage or
death.. 




The following is the wording that we use for club hosted trips. It requires
a complete individual form for each participant. According to the lawyers,
it is a little better than the personal one above that has everybody sign
the same form - but is much more convenient and quicker.

California Kayak Friends
Activity Disclaimer and Waiver Agreement To be signed by all people joining
CKF trips on land or water!
Participation in any CKF event, whether or not this form is signed, is
evidence that participants agree to the terms and conditions
of this Agreement.
Please read this Agreement carefully. It is your acknowledgement that your
participation in the activities of California Kayak Friends (CKF)
involves some risk of harm to you. Among other things, it also acknowledges
that you assume the risks involved and will be totally responsible for
taking those risks, for the cost of medical and rescue services and for
defending yourself in certain suits.
THE RISKS I know I might be exposed to the risks of exposure to hypothermia
or hyperthermia; risks inherent in water sports, such as
drowning; risks of injury from collision with other kayaks, boats,
structures or rocks, and from land and sea animals such as sharks and bears;
risks
of infection and illness in areas without medical facilities; and that I
might be involved in an auto or other accident on my way to or from the
trip.
Although CKF activities generally involve ocean or fresh water kayaking,
they also entail events in mountainous, desert or rocky terrain, in remote
and undeveloped areas. Thus, risks normally inherent in such adventure
travel are possible, including, but not limited to falling, becoming lost,
snake bite, or running out of food or water. These hazards may result in
injury or death and loss of or damage to personal property of paddlers or
others.
I realize that the only requirement for leading/hosting/convening (here
called "hosting") a CKF trip is CKF membership. Hosts are rarely
professional or trained guides. Hosts are not necessarily certified in Fist
Aid, CPR or Lifesaving and do not necessarily carry a first aid kit
available to group members. Nor do they necessarily carry VHF radio,
signaling gear or other emergency equipment. Hosts are not necessarily
skilled in or available for performing rescues in the event of capsize, or
for towing in rough conditions. Hosts are not necessarily trained in skills
instruction and thus are not generally available to aid guests in developing
safe or efficient paddling techniques. I realize that CKF trips often do
not meet generally accepted leader-to-paddler ratios or other safety
criteria, since paddlers assume full responsibility for their own safety. I
know
that CKF carries no liability or medical insurance of any kind covering me
or my equipment.
THE RELEASE AND ASSUMPTION OF RISKS I, the undersigned, acknowledge having
read the foregoing. I understand that CKF activities
involve risks of harm to myself, my companions and my property and I
understand that this description does not include all of the risks which I
might encounter in participating in CKF activities. I assume all of the
risks involved in participating in CKF activities whether or not I know that
the risk exists.
In joining this CKF activity I accept the responsibility to personally
investigate the risks involved and to make my own independent decision as to
whether I am qualified to participate in this activity, I assume full
responsibility for determining the conditions of the water, land and weather
before and during the trip, and the suitability of those conditions for any
particular paddling or other activity. I assume full responsibility for
assuring that my paddling equipment and accessories are proper to meet the
safety needs of the conditions in which I will be paddling. In joining
this trip I certify that I possess sufficient knowledge, skills and judgment
to determine my own activities during the trip. I further certify that I am
knowledgeable regarding safety equipment and its proper use and have
outfitted myself and my boat as I determine in my own best interest. I am
responsible for deciding when and to what extent I will follow the Host's
direction and when I will chose to act independently of the group. I
understand that, in paying any fee charged by the Host, that I do not
presume anything different than described in this disclosure and waiver. I
also
understand that any claims or representations regarding safety or other
matters made by the Host are not binding on the Releasees.
I further release CKF, its officers, directors, trip Hosts, organizers,
fellow participants and each of their agents, associates, employees, heirs
and
estates (collectively referred to as Releasees) from any and all claims and
liability arising out of strict liability or negligence of the Releasees, or
of
any other person which causes the undersigned injury, death, damages, or
property loss or damage. I further agree not to bring any suit or other
proceeding or to hold them responsible for any injury to myself or my
property.
I also agree that, if any suit or other action is brought by any of my
relatives, heirs or other persons, arising out of my participation in CKF
activities (whether I am the cause or victim of an injury), either I or my
estate (in the event of my death, property which might otherwise have been
given to my heirs) will pay all costs and expenses, including attorney's
fees, court costs, and judgment or award, incurred by or against any of the
Releasees in defending against any such proceeding. The foregoing
notwithstanding, I do not release Releasees from insured claims or losses
arising from motor vehicle accidents, to the extent that they are covered. I
do release them from the amount of such claims exceeding the amount
of such insurance.
CONSENT TO RESCUE, MEDICAL TREATMENT AND PAYMENT THEREOF I also understand
that among the risks inherent in these
activities is that I may require rescue or medical treatment. I hereby agree
that I consent to any rescue, hospital care, or medical or surgical
diagnosis or treatment to be rendered to me for any illness or injury that
might arise from my participation in CKF activities. I understand and
agree that I am solely responsible for all charges for such medical services
and rescue operations. I will pay those and reimburse CKF or any
person who has expended money for such medical services or rescue
operations. Nothing herein shall be deemed to obligate Releasees to provide
medical or rescue services.
I have carefully read this Agreement and understand its contents. I freely
and voluntarily assume all the risks and hazards arising from any of
CKF's activities in which I participate as a paddler, spectator, camper,
guest or in any other way. This Agreement shall be binding on myself, my
family, my heirs, assigns, executors and administrators. If any clause in
this Agreement is found to be invalid, the remainder of the Agreement will
remain in force. If any legal action be instituted to enforce any provision
hereof, the prevailing party shall be entitled to recover reasonable
attorney's fees.
My participation in any CKF event, whether or not I sign this form, is
evidence that I agree to the terms and conditions of this Agreement.
Please PRINT CLEARLY, then Sign ARE YOU A MEMBER OF CKF? [ ] YES [ ] NO
Event: _____________________________________________________ Event date:
__________________________________________
Name: _____________________________________________________ Address:
___________________________________________
Signature: _________________________________________________ Date signed:
____/_____/____ Phone: (____)______________
Minor's under the age of 18 must have a Minor's name:
______________________________ age: _____
Guardian complete this form form and sign for them.
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