Please read through all Open Air Sports, LLC policies and agreements below, then complete the registration form for each new OAS participant.
ASSUMPTION OF RISK, RELEASE & WAIVER OF LIABILITY & INDEMNITY AGREEMENT:
In consideration of being allowed to participate in one of our seasonal sessions including but not limited to; Kayaking/SUP, Mountain Biking, Rock Climbing, Snow Shoeing, Ice Fishing, Hiking, Backpacking, and Fishing, as well as other activities (collectively the “Activities”) provided by Open Air Sports, LLC (the “Company”) and/or use the Company’s Equipment, the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
- ASSUMPTION OF RISK: The undersigned hereby acknowledge and agree that he/she/they understand(s) the nature of the Activities and that Participant is qualified, in good health, and in proper physical condition to participate therein. The undersigned understand that there are inherent risks and dangers associated with participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death, and that the Participant knowingly and voluntarily accepts, and assumes responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Activities and use of the Equipment. The undersigned further acknowledge and agree to assume all risks and dangers of participating in the Activities and using the Equipment, even those risks and dangers caused by the negligent acts or conduct of the Company, its owners, affiliates, operators, employees, agents and/or officers, except as otherwise set forth herein;
- RELEASE AND WAIVER: The undersigned hereby release, waive, discharge and covenant not to sue the Company, its owners, affiliates, operators, employees, agents and/or officers from and for any and all liability resulting from any personal injury, accident or illness (including death), property loss, damage, and/or expense, however caused, arising from, or in any way related to, Participant’s participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The undersigned specifically understand that he/she/they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Company, its owners, affiliates, operator, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this agreement shall be construed as a release for the willful misconduct, gross negligence or intentional torts of the above parties, as applicable;
- INDEMNIFICATION AND HOLD HARMLESS: The undersigned hereby agree to indemnify, defend and hold harmless the Company, its owners, affiliates, operators, employees, agents, and/or officers, from and for any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorneys’ fees, arising from, or in any way related to, Participant’s participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training, except for those arising out of the willful misconduct, gross negligence or intentional torts of the above parties, as applicable;
- USE OF LIKENESS AND/OR NAME: The undersigned further agree to allow, without compensation, the Company, its owners, affiliates, operators, employees, agents, and/or officers, to use Participant’s likeness and/or name for promotional and/or marketing purposes only, including in material, regardless of media form, that promotes the Company and/or its Activities and/or its Equipment. The undersigned further understand and agree that the Company, its owners, affiliates, operators, employees, agents, and/or officers, may use any statements or quotes attributed to the Participant in his/her evaluation of the Activities and/or use of the Equipment.
- SEVERABILITY: The undersigned expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
- ACKNOWLEDGEMENT OF UNDERSTANDING: The undersigned have read this assumption of risk, release and waiver of liability and indemnity agreement, and have had the opportunity to ask question about the same. The undersigned fully understand this assumption of risk, release and waiver of liability and indemnity agreement, that the undersigned are giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. The undersigned acknowledge that he/she/they are signing this agreement freely and voluntarily.
WHILE MOST OPEN AIR SPORTS SESSIONS AND ACTIVITIES ARE NATURALLY DISTANCED OUTDOOR ACTIVITIES, OUR STAFF AND PARTNERS WILL BE TAKING PRECAUTIONS TO ENCOURAGE HEALTHY GUIDELINES ARE IN PLACE WHEN PARTICIPANTS ARE TOGETHER. IN ACCORDANCE WITH THE NEW YORK STATE REGULATIONS FOR DAYCARE AND DAY CAMPS, WE WILL BE TAKING THE FOLLOWING MEASURES TO ALIGN WITH ALL COVID-19 POLICIES:
- WE ASK ALL PARTICIPANTS, PARENTS, GUARDIANS, SIBLINGS, ETC… WEAR A MASK AND MAINTAIN A 6FT DISTANCE FROM OTHERS DURING DROP-OFF, CHECK-IN AND PICK-UP TIMES.
- PLEASE SEND YOUR CHILD WITH HIS OR HER OWN BUFF OR MASK TO KEEP ON HAND FOR THE DURATION OF EACH CLASS. MASKS CAN BE REMOVED WHEN THE PARTICIPANTS ARE ACTIVELY ENGAGED IN THE ACTIVITY AND THE INSTRUCTOR HAS INDICATED IT IS SAFE TO DO SO.
- ALL PARTICIPANTS WILL BE ASKED TO USE HAND SANITIZER PRIOR TO AND BETWEEN ANY ACTIVE ACTIVITY TIMES. HAND SANITIZER WILL BE ACCESSIBLE FOR USE AT ALL TIMES.
- ALL WARM UP AND COOL DOWN EXERCISES WILL BE PERFORMED IN A LARGE, OPEN SPACE TO ENCOURAGE THE APPROPRIATE DISTANCE BETWEEN PARTICIPANTS.
- PLEASE DO NOT SEND YOUR CHILD IF THEY ARE SHOWING SIGNS OF A FEVER, HEADACHE, COUGH, DIFFICULTY BREATHING, NEW LOSS OF SMELL OR TASTE, SORE THROAT, OR OTHER COLD LIKE SYMPTOMS.
- WE WILL BE ASKING A FEW SCREENING QUESTIONS AND CHECKING YOUR CHILD’S TEMPERATURE WHEN THEY ARRIVE. IF HE OR SHE HAS A FEVER OF 100 DEGREES OR HIGHER, THEY WILL BE NOT BE ABLE TO ATTEND CLASS THAT WEEK.