1. I acknowledge that my participation in canoeing, hiking, camping, and other activities associated with a kids camp entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: contact with wild animals, hiking and exposure to the elements; the hazards of walking on uneven terrain and slips and falls; water hazards; accidental drowning; collision with fixed or movable objects or other watercraft; boat capsize and entrapment; debris, rocks and cliffs and other obstacles whether obvious or not and whether man made or natural; eddies and whirlpools, tidal conditions, surf and currents; the risks of exposure to insect bites; the risk of cold or heat related illnesses, high altitude sickness; hypothermia, frostbite dehydration, sunburn or other burns, broken bones, paralysis; the negligence of other participants, or other persons who may be present; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; my own physical condition, the physical exertion associated with this activity; mental or emotional trauma, concussions, abrasions, wounds or other injury, damage, death or loss. Traveling to and from the pier raises the possibility of any manner of transportation accidents.
Furthermore, FIN employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation devise (life jacket) while participating in this activity.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FIN from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of FIN’s equipment or facilities, including any such claims which allege negligent acts or omissions of FIN.
Should FIN 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.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
In the event that I file a lawsuit against FIN, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. 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 acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against FIN on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.