Town of Smyrna SOAC Watercraft Rental
Please Read Carefully — Waiver and Release of Liability
Each participating family member must be listed on this form.
In consideration of Smyrna Parks and Recreation furnishing services, The Town of Smyrna Parks and Recreation premises and/or equipment to enable me to participate in paddle sport activities, I agree as follows:
I fully understand and acknowledge that: (a) outdoor recreational activities have inherent risks, dangers, and hazards and such exist in my use of paddle sport equipment and my participation in paddle sport activities. (b)my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/ or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of the Town of Smyrna; the negligence of participants, the negligence of theirs, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, navigation decision making, including that a participant may misjudge terrain, weather, trail or waterway conditions, and water level, risk of falling out of or drowning while paddle sporting and such other risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, lake, river, stream, outdoor, or recreational environment. The equipment shall not be, under any circumstances, used in ocean waters.
By my participation in these activities and/ or use of equipment, I hereby assume all risks and dangers and all responsibility for any loses and/ or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of the Town of Smyrna, or by any other person including myself. I also verify that I am in good health, not under the influence of any drugs or alcohol of any kind, nor do I have them in my possession, and am capable of pursuing paddle sports, and that my participation in this activity is voluntary. I/we also agree to wear a properly secured USCG approved personal floatation device, of type 3 or better, at all times.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, discharge, hold harmless, defend and indemnify the Town of Smyrna and its administration, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of paddle sport equipment or premises or my participation in paddle sport activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have at present time or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of the Town of Smyrna.
I HAVE READ THE WAIVER AND RELEASE AND BY SIGNING IT, AGREE IT IS MY INTENTION TO EXEMPTAND RELIEVE THE TOWN OF SMYRNA FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGEOR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.