SAMPLE WHITEWATER WAIVER

American Whitewater uses a similar waiver with participants during controlled flow studies. You may find this a useful starting point in crafting a waiver for your purposes. However, you should consult with your attorney to ensure that applicability in your jurisdiction.

ASSUMPTION OF RISK AND GENERAL RELEASE OF LIABILITY

1) I ……………. (print name), recognize that the whitewater paddling that I am about to participate in is a rigorous activity that may be physically and mentally stressful and may aggravate existing physical or mental conditions or cause new ones. I recognize that whitewater paddling can be dangerous and that the dangers may include damage to or destruction of personal property, serious physical injury or even death arising from a variety of hazards including, but not limited to and by way of example only, rocks, hazardous terrain, trees, debris, powerful waves, waterfalls, hydraulics and various other man-made or natural hazards and difficulty or improbability of rescue. I understand that there is no prepared access into the river canyon where the boating is to be conducted and that I am personally responsible for choosing the method, route and equipment necessary to gain access over steep and hazardous terrain. I acknowledge that, under those circumstances, the usual hazards associated with whitewater paddling may be compounded. I also understand that before and during the course of the adventure, there may be significant variations in river flow that may alter the character of the river.

2) I recognize that I am paddling,

• as a joint venturer with the other trip participants;
• that none of the participants will be acting as a professional river guide;
• that I am personally responsible for determining whether I have the skill and expertise to safely navigate any particular river segment;
• that I am solely responsible for selecting equipment suitable for use during the whitewater release; and,
• that no other person or entity associated with this whitewater release has any obligation to attempt to rescue me and that any attempted rescue may exacerbate my condition and cause injury or death.

3) I UNDERSTAND AND EXPRESSLY ASSUME ALL THE DANGERS INCIDENT TO PADDLING during the whitewater release ON THE RIVER SEGMENT INVOLVED AND HEREBY RELEASE ALL CLAIMS INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE OR DESTRUCTION, PERSONAL INJURY OR DEATH, WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, WHICH I MAY EVER HAVE AGAINST (A) ANY SUPPLIER OF MATERIALS AND EQUIPMENT EMPLOYED IN CONNECTION WITH THE PROPOSED PADDLING FEASIBILITY STUDY; (B) AMERICAN WHITEWATER, THE UTILITY AND ITS OFFICERS, EMPLOYEES OR ANY OTHER PERSON OR ENTITY THAT MAY BE INVOLVED IN FACILITATING ANY USE AND ENJOYMENT OF THE RIVER SEGMENT INVOLVED; AND (C) EACH AND EVERY OTHER PARTICIPANT IN THIS whitewater release .

4) I represent that:

• I am 18 years of age or older;
• I am submitting this release and waiver voluntarily and of my own free will; and
• I have no physical or emotional problems, nor any history thereof, which will impair my ability to participate in the activities of the proposed whitewater release, or understand this release document.

5) I recognize that neither American Whitewater, The Utility conducting this study nor its officers, directors, employees, agents, successor or assigns are providing liability, health or other insurance in connection with this whitewater release and I agree to assume all financial responsibility for any medical, rescue or other expenses that I may incur and to defend, hold harmless and indemnify American Whitewater and The Utility for any loss or damage, including attorneys fees, that they may suffer should I pursue an action or claim that is waived or barred by this release and waiver.

6) I assume full responsibility for and agree to defend, hold harmless and indemnify American Whitewater, The Utility, its officers, directors, employees, agents, successors and assigns against claims, losses or judgments that may arise from any damage or harm that I may do or cause while participating in this whitewater release .

This waiver shall be binding upon me, my heirs, executors and administrators.

Dated: This …… day of……, year ………
………………….. Signature