RELEASE OF LIABILITY WAIVER
Float Idaho – Meetup Group
This Release of Liability Waiver is provided to the Undersigned by and on behalf of: Float Idaho Meetup group and throughout this agreement shall be known as “Float Idaho”. The Undersigned, hereby agree to the following:
1. The Data (explanation of each event within Meetup), is made available to the Undersigned with the understanding that the Data is provided with no warranties, expressed or implied, concerning data accuracy, completeness, reliability, or suitability. Float Idaho shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Data, or for any delay or interruption in the transmission thereof to you or any other user, or for any claims or losses arising therefrom or occasioned thereby. You assume the entire risk as to the quality of the Data.
2. SHOULD YOU CHOOSE TO PADDLE A SMALL CRAFT (CANOE, KAYAK, SIT ON TOP, OR SIMILAR WATERCRAFT VEHICLE, YOU WILL BE PADDLING/TRAVELING WATERWAYS OR LAKES AT YOUR OWN RISK. YOU ACKNOWLEDGE THERE MAY BE ERRORS AND OMISSIONS IN THE DATA BY NO FAULT OF THE ORGANIZER, CO-ORGAINZER, EVENT LEADER OR THEIR MEMBERS.
3. TRANSPORTATION AND SHUTTLES: FLOAT IDAHO MAY MAKE TRANSPORTATION SHUTTLES AVAILABLE TO YOU FOR THE CONVIENCE OF PUTTING IN AND RETRIVING YOUR GEAR/CRAFT. YOU ARE NOT REQUIRED TO TAKE A SHUTTLE. SHOULD YOU CHOOSE TO ACCEPT AND TAKE A SHUTTLE, YOU WILL BE TAKING THIS SHUTTLE AT YOUR OWN RISK. IN SO DOING, YOU ACKNOWLEDGE THERE ARE RISKS INVOLVED WHEN RIDING WITH OTHER PEOPLE, AND YOU AGREE THAT YOU WILL NOT HOLD THE DRIVER AT FAULT FOR SIMPLY TRYING TO ACCOMMODATE YOU AND YOUR GEAR/CRAFT, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS YOUR SHUTTLE DRIVER IN THE EVENT OF AN ACCIDENT OR ANY INJURY EXCEPT TO THE EXTENT THAT ANY LOSS OR INJURY ARISES FROM THE SHUTTLE DRIVER’S GROSS NEGLIGENCE, DISHONESTY, OR WILLFUL MISCONDUCT. IN THE EVENT OF A LAWSUIT OR ANY OTHER CLAIM OR ACTION AGAINST A SHUTTLE DRIVER, YOU WILL HOLD HARMLESS FLOAT IDAHO AND OTHER MEMBERS OF THE GROUP, INCLUDING: ORGANIZERS, CO-ORGANIZERS AND EVENT LEADERS, EXCEPT TO THE EXTENT THAT ANY LOSS OR INJURY ARISES FROM THE GROSS NEGLIGENCE, DISHONESTY, OR WILLFUL MISCONDUCT ON THE PART OF THE SHUTTLE DRIVER.
4. You hereby represent, warrant, understand and expressly assume all the risks and dangers of the activities contemplated by or described in these Terms of Use, and you hereby release, waive, discharge, and covenant not to sue any Float Idaho or their organizer, assistant organizer, event leaders, or any members, officers, agents, servants, and employees, (collectively, the “Releasees”) from all liability, claims, demands, actions, or causes of action whatsoever arising out of any damages, loss, or injury to you or to your property while participating in any of the activities contemplated by these Terms of Use, whether such damage, loss, or injury, results from the negligence of the Releasees or for any other cause. You also hereby release, waive, discharge and covenant not to sue the Releasees from any claims whatsoever on account of any first aid, treatment, or service rendered to you during your participation in the above activity. You hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including court costs and attorneys’ fees, that they may incur due to your participation in said activities.
5. IN NO EVENT SHALL ANY PARTY’S LIABILITY ARISING OUT OF THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS.
6. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS WAIVER OR PROVIDED FOR UNDER ANY APPLICABLE LAW, NEITHER THE FLOAT IDAHO NOR THE RELEASEES SHALL, IN ANY EVENT, BE LIABLE TO YOU OR ANY OTHER PERSON, EITHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BODILY INJURY, DEATH, OR DAMAGE TO TANGIBLE REAL OR TANGIBLE PERSONAL PROPERTY, LOSS OF FUTURE REVENUE, INCOME OR PROFITS, DIMINUTION OF VALUE OR LOSS OF BUSINESS REPUTATION OR OPPORTUNITY FOR OR IN CONNECTION WITH ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THIS WAIVER OR THESE TERMS OF USE, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO YOU IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU.
7. If you do not agree to these Terms of Use, you shall not and are not permitted use the DATA OR PHYSICALLY PARTICIPATE IN AN EVENT in any way.
8. Paddling watercraft, or similar craft, is by its very nature dangerous. The number of things that you can’t control or that can go wrong are significant (e.g., trees, rocks, wind, flash floods, logs, brush, rapids, thunderstorms, lightning etc.). The ratings contained within the Data are subjective and conditions of a waterway/lake can change quickly. An event that is rated as EASY (class 1) could turn into a DIFFICULT (class 3 or 4) situation in a sudden or heavy rain or unforeseen change in the direction of flow. You must NOT paddle beyond your capabilities and you are always the final judge of any waterway/lake – you are solely making the decision as to if you wish to proceed on each and every waterway/lake, even if you are with a group. When a waterway/lake is rated, it is typically rated on the most difficult part of the waterway/lake, even if that section is very short (e.g., 20 feet). Read the event descriptions carefully. If you have questions, contact the Event Organizer for a better understanding of what you are about to get in to. If you ever find yourself on a waterway/lake that you feel is beyond your capabilities STOP and get off the water, wherever you can safely, and have someone alert the Event Organizer/Leader. DO NOT TAKE THE RISK.
I/ We understand and agree that in the event of judgment, award or arbitration, decision I / We agree the maximum total liability of Float Idaho, including their (organizers, event leaders, etc.) will be limited to a maximum liability of $100.00 which includes any fees or costs
I am over 18 years of age ______________
Signed _______________________________________________
Print Name ___________________________________________
