Stonelick Paddle Co. โ Pleasant Plain, Ohio
ASSUMPTION OF RISK, WAIVER OF LIABILITY & INDEMNIFICATION AGREEMENT
This Waiver and Release of Liability ("Agreement") is entered into by the undersigned participant ("Participant") and Stonelick Paddle Co., located at Stonelick Lake, Pleasant Plain, Ohio 45162 ("Company"). By signing this Agreement, Participant acknowledges having read, understood, and voluntarily agreed to all terms herein.
1. DESCRIPTION OF ACTIVITY
Participant desires to rent and use kayaks, canoes, stand-up paddleboards, and associated equipment provided by the Company at or near Stonelick Lake ("Activity"). Participant acknowledges that the Activity involves inherent risks and hazards.
2. ASSUMPTION OF RISKS
Participant understands and acknowledges that water activities involve inherent dangers and risks that cannot be eliminated regardless of the care taken by the Company. These risks include but are not limited to:
Participant voluntarily assumes all risks associated with participation in the Activity.
3. WAIVER AND RELEASE OF LIABILITY
In consideration of being permitted to participate in the Activity, Participant, for themselves, their heirs, personal representatives, and assigns, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Stonelick Paddle Co., its owners, officers, employees, agents, volunteers, and representatives (collectively "Released Parties") from any and all liability, claims, demands, losses, or damages arising out of or related to the Activity, whether caused by the negligence of the Released Parties or otherwise.
4. INDEMNIFICATION
Participant agrees to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including court costs and attorneys' fees, that they may incur due to participation in the Activity, whether caused by the negligence of the Released Parties or otherwise.
5. RULES AND SAFETY REQUIREMENTS
Participant agrees to:
6. MEDICAL CONDITIONS
Participant certifies that they are in good physical condition and do not have any medical conditions that would endanger their health during participation in the Activity. Participant accepts full responsibility for any medical costs arising from participation.
7. PHOTO RELEASE
Participant grants permission to Stonelick Paddle Co. to use photographs or video of Participant taken during the Activity for promotional or marketing purposes, including social media, without compensation.
8. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Ohio. Any disputes shall be resolved in the courts of Clermont County, Ohio.
9. SEVERABILITY
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
10. EQUIPMENT DAMAGE, LOSS & THEFT
Participant acknowledges full financial responsibility for any rented equipment that is damaged beyond normal wear, lost, or stolen during their rental period. Replacement costs are as follows:
Participant agrees to reimburse Stonelick Paddle Co. for the full replacement cost of any such equipment at the rates listed above. Partial damage will be assessed at the sole discretion of Stonelick Paddle Co. staff.
BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY THEM VOLUNTARILY.