RULES & WAIVER FOR MINORS

PADDLE CRAFT RULES FOR MINORS

Our #1 concern is for the safety of our patrons! Before you consider signing these rules and waivers please carefully consider the inherent risk of serios injury or death associated with all watersports. PLEASE CONSIDER:

• Does my child have the appropriate experience with water and boats to be out on the water without adult supervision?
• Does my my child have the strength and boating experience to handle the current weather conditions?
•  Does my child have the appropriate maturity to make good decisions when on the water?

Please help keep your child, yourself and everyone safe by reading and following these rules. In addition to your own understanding and acceptance of these rules, you represent and agree to educate and ensure the following of these rules by the minor you are signing for.

Madison Boats retains the right to deny access to watercraft, events, or activities in order to reduce risk under questionable safety conditions. This includes but is not limited to: weather; assessment of participants boating capabilities; or the ability to provide necessary assistance services in the event of an accident. Madison Boat Rules are intended to limit risk to boaters and equipment and are subject to change. The latest rules will be posted on the Madison Boats website and copies are available on request. These rules are for Madison Boats, LLC., Wingra Canoe & Sailing Center, Inc, Brittingham Boats, LLC. and Marshall Boats, LLC.

As the parent/guardian I agree to, and will ensure the minor knows and abides by, the following rules: *

• The minor knows and will act within the limits of their boating and swimming capabilities.            
• The minor must wear their PFD at all times – including when swimming from the watercraft.        
• The minor will not bring, consume, or be under the influence of DRUGS and or ALCOHOL when using boats.          
• The minor will comply with all Federal, State, and local laws pertaining to the operation of watercraft, if you are unclear on laws please visit www.boat-ed.com. 
• Employees are not first responders or trained emergency responders and that all activities are unsupervised and at your own risk.   
• Employees have the right to deny access to watercraft to reduce risk under questionable safety conditions, including but not limited to: current or incoming weather; assessment of participants boating capabilities; or the inability to provide necessary assistance services in the event of an accident.              
• The minor will listen to and respect all reasonable requests from staff.     
• Boating is weather dependent. The minor will heed all warnings and will return to the boathouse at the first sign of storms, high winds, lightning, thunder or severe weather.              
• The minor will respect other boaters and refrain from acting in any manner that may cause or contribute to injuries to self or others or disrupt other boaters’ enjoyment of the water.                 
• The minor will make sure that they are paddling with a buddy or that they have provided a detailed paddle plan to you.               
• You and/or the minor is responsible for assessing and reporting any damages prior to taking the boat on the water and for returning the watercraft in the same condition as taken. You are responsible for any loss or damage of equipment by this minor.    
• You will pay all fees when due. Disputes regarding fees, use of equipment or equipment damage fees shall be resolved through informal discussion between the member and management. If unable to agree both parties will cooperate in choosing an arbitrator and the findings of the arbitrator shall be final. If the parties cannot agree on a single arbitrator, they shall each choose an arbitrator and the two arbitrators shall choose a third arbitrator and act as a panel. If there are any arbitration costs, the parties shall share them equally.     

By signing below I agree to the following rules and have explained the rules to the listed minor. 

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MADISON BOATS WAIVER FOR MINORS

I, the undersigned parent and/or guardian, on behalf of my child(ren) or ward(s), referred to as “minor(s)”, in consideration of participating in watersports and related activities though Madison Boats, hereby agree to release and discharge from liability arising from any negligence Madison Boats, its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them, hereinafter referred to as “Releasees.” I agree to this release on behalf of myself and my children, wards, parents, heirs, assigns, personal representative and estate, and any participant I invite to join in my rental activity. “Madison Boats” includes Madison Boats, LLC, Wingra Canoe & Sailing Center, Inc. d/b/a Wingra Boats, Brittingham Boats, LLC, and Marshall Boats, LLC, with a collective mailing address of 824 Knickerbocker Street, Madison, Wisconsin 53711, herein referred to as “Madison Boats.”

1. I acknowledge that water sport activity, including paddle craft, power boats, lessons, excursions, day camps, involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, accidental drowning, injury caused by contact with hard or sharp objects, hypothermia, infection from water born substances, risk of exposure to communicable diseases, viruses, bacteria, or illnesses, including but not limited to COVID-19, slip and fall accidents, and injury from collisions.  I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity. I understand and expressly accept that the likelihood of injuries increases in inverse relationship to the participant’s experience and capabilities. I represent that my minor(s) have sufficient capability to participate in the water sports activities and all other related activities.
2. I expressly accept and assume all of the risks inherent in this activity or that might be caused by the negligence of the Releasees. My choice to allow my minor(s) to participate in this activity is purely voluntary and I elect to allow them to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that the minor(s) are unable to participate due to physical or medical conditions, then I will immediately stop their participation and inform Madison Boats in writing.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my minor’s participation in this activity, or use of Releasees equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage my minor(s) may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that my minor(s) have no medical or physical condition which could interfere with their safety in these activities, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in Wisconsin and that the substantive law of Wisconsin shall apply. 
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 

By signing this document, I agree that if the minor(s) is hurt or my property is damaged during participation in this activity, then I may be found by a court of law to have waived my right to maintain any lawsuit against the Releasees.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to my minor(s) or that the cost to engage in this activity would be significantly greater if I choose not to sign this release.  I agree that the opportunity for my minor(s) to participate in Madison Boats activities at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this Madison Boats Waiver for Minors. I agree to be bound by its terms as indicated by my signature or electronic signature below. 

In consideration of the minor(s) being permitted to participate in this activity, I agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of this minor(s) or are in any way connected with such participation by this minor.