In consideration of the services of Monterey Bay Hydrobikes, their agents, owners, officers, volunteers, participants, employees, and other persons or entities acting in any capacity on their behalf (herein collectively referred to as Monterey Bay Hydrobikes). I hereby agree to release and discharge Monterey Bay Hydrobikes, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follow:
1. I acknowledge that Hydrobiking entails known and unanticipated risks which could result in physical and 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, but are not limited to: open water, cold water, wind, waves, currents, unpredictable weather and environmental conditions, obstacles on shore or in the water (natural or manmade), wildlife (animals, birds, fish), and plants, negligence caused by third parties, and my own negligence. Furthermore, Monterey Bay Hydrobikes’ guides, instructors, and other staff seek to provide a safe environment and experience, but are not infallible. They might misjudge the weather or terrain, or give inadequate warnings. They might be ignorant of a person’s fitness, past experiences, or abilities. I understand that there are different levels of participation available and I have chosen the activity myself, based upon my judgement of my skills. I have made no misrepresentation of my abilities to participate and use the equipment.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntarily and I elect to participate in spite of the risks. Smoking, Drinking Alcohol, Taking Drugs are prohibited during participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Monterey Bay Hydrobikes 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 Monterey Bay Hydrobikes’ equipment or facilities, including any such Claims which allege negligent acts or omissions of Monterey Bay Hydrobikes.
4. Should Monterey Bay Hydrobikes or anyone acting on their behalf, be required to incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.
5. 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 have no medical or physical conditions that could interfere with my safety in this activity, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition.
I will notify the host ownership or employees if I suffer from any medical or health condition that may cause injury to myself, others, or may require emergency care during my participation.
By signing below, I hereby grant and convey to the Host all right, title and interest in and to record my name, image, voice, or statements including any and all photographic images and video or audio recordings made by the Host.
The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which the Host or it’s agents is a party shall be either the Town of Monterey, Ca. Justice Court, or the County or State Supreme Court in Monterey County.
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 Monterey Bay Hydrobikes on the basis of any claim from which I have released them herein. It is the intention of the undersigned to exempt and relieve Monterey Bay Hydrobikes and associated parties from liability for personal injury, property damage, or wrongful death.