RELEASE OF LIABILITY AND INDEMNIFICATION

BEFORE SIGNING THIS RELEASE AND INDEMNIFICATION (“RELEASE"), YOU MUST READ THIS RELEASE VERY CAREFULLY. IF AN ACCIDENT WERE TO OCCUR INVOLVING YOU OR A MINOR FOR WHICH YOU ARE SIGNING THIS RELEASE, YOU (BY SIGNING THIS RELEASE) WILL BE GIVING UP LEGAL RIGHTS THAT YOU OR THE MINOR MIGHT OTHERWISE HAVE. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS RELEASE, OR IF YOU OBJECT TO ANY PROVISION CONTAINED IN THIS RELEASE, YOU SHOULD NOT SIGN IT AND SHOULD SEEK ADVICE FROM YOUR LEGAL COUNSEL. 

If I am signing this Release on behalf of a minor child, I warrant that I am the parent or legal guardian of such child and have full legal right and authority to do so.  The parent or legal guardian is solely responsible for the care, supervision and actions of any and all participants in their care or under their supervision who are below the age of eighteen. 

The Activities (as defined below) at Phoenix Lake/Hines Park (“County Property”) are carried out by Friends of the Rouge (“FOTR”) and are in no circumstance a Wayne County, Michigan (“County”) sponsored activity.

Utilizing the equipment and/or services of FOTR, its employees, volunteers, contractors and/or agents, the undersigned acknowledges and agrees as follows:

WARNING: There are significant elements of risk in any adventure sport or activity associated with the use or presence of outdoor recreation equipment, including but not limited to, Jet Skis, canoes, paddleboats, kayaks, stand up paddleboards, bicycles, and the use of related equipment (the “Activities”). These risks are inherent and may be present even if the equipment is used properly and even in still water or outside of the water.

SCOPE OF RELEASE: This Release of Liability covers all Activities indirectly or directly associated with the equipment, facilities and/or services organized by, sponsored by, or directed by FOTR and the use of and ingress to and from County Property. This Release includes FOTR, Simple Adventures, LLC and the County, including all associated, affiliated, or subsidiary departments or divisions of Wayne County now existing or to be created and each of FOTR, Simple Adventures, LLC and the County’s agents, contractors, employees, volunteers, officers and directors (collectively, the “Released Parties” and individually, a “Released Party”).

RISK FACTORS: The undersigned understands and acknowledges that the Activities involve risks such as, but not limited to, the following: (i) changing water flow, conditions or current; (ii) collision with other participants, any portion of the interior of the craft, other water craft, manmade or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders; (iii) cold weather and heat related injuries and illnesses including hyperthermia, frostbite, heat exhaustion, sun stroke, and dehydration; (iv) inclement weather, variances and extremes of wind, weather and temperature, the presence of insects and animals; (v) sense of balance, physical coordination, ability to swim, and/or ability to follow directions; (vi) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, injury, exposure to the elements, hypothermia and drowning; (vii) getting in and out of the craft; (viii) travel, including hiking, portaging and travel to and from related and unrelated activities; (ix) the presence of wild animals, including marine life forms, (x) unavailability of emergency aid services and emergency medical care. The undersigned acknowledges that the Activities, as well as other foreseeable or unforeseeable factors or circumstances, may result in a RISK OF PROPERTY DAMAGE/LOSS, BODILY INJURY, AND POSSIBLY DEATH.

ASSUMPTION OF RISK: By executing this Release, the undersigned expressly assumes all risk that arises from the participation in the Activities, the acts of others, the use of and ingress to and from County Property, the unavailability of emergency care, and any other foreseeable or unforeseeable factors or circumstances related to the Activities. The undersigned assumes all risk of injury, wrongful death or property damage related to the Activities.

ACKNOWLEDGMENT OF RULES, POLICIES AND PROCEDURES: The undersigned acknowledges that he or she has read and understood all of the rules, policies and procedures relating to the Activities and understands that the safe and proper use of the facilities, equipment and participation in the Activities is dependent upon carefully following such rules, policies and procedures. The undersigned agrees to wear a properly fitted and fastened U.S. Coastguard approved flotation device (lifejacket) while aboard a boat or on or in the water. The undersigned understands that the Activities should only be undertaken after proper instruction and training and that the Released Parties are not providing such training in connection with the use and/or rental of equipment. The undersigned assumes full responsibility for deciding where, when and with whom to participate in the Activities. The undersigned acknowledges and agrees that the rental equipment provided by or on behalf of FOTR is for the sole and exclusive use of the undersigned and may not be used by any other person.

PHYSICAL CONDITIONS AND SKILLS: The undersigned represents that he or she has the requisite skills, physical abilities and mental abilities necessary for proper and safe use of the equipment, facilities and services and to participate in the Activities. The undersigned agrees that if he or she has any questions as to what skills, qualifications or training are necessary to properly use the equipment or facilities, or to participate in the  Activities, then they shall direct such questions to the appropriate staff member on site; provided however, that it shall remain the undersigned’s sole responsibility to obtain the necessary skills, qualifications or training and the undersigned’s sole decision as to whether to participate in such Activities.

RELEASE: The undersigned hereby releases, discharges, waives, disclaims and relinquishes all claims, actions or causes of action against the Released Parties and agrees not to sue them on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of the Activities, including those based on death, bodily injury or property damage whether or not caused by participation in the Activities or the negligence of the Released Parties.

WAIVER: The undersigned waives the protection afforded by any statute or law in any jurisdiction including California Code 1542 whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.

INDEMNITY: The undersigned agrees to indemnify and defend the Released Parties and hold them harmless from any or all claims, causes of action, damage judgements, costs or expenses, including attorney fees which in any way arise from the undersigned’s participation in the Activities which include but are not limited to damages to or destruction of any property of the Released Parties or of any other, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of a Released Party, the undersigned or anyone else; provided, however, the foregoing indemnity shall not apply to claims related solely to the gross negligence of a Released Party. 

This indemnity applies without regards to whether the claim, damage, liability, or expense is based on breach of contract, breach of warranty, negligence, strict liability, or other tort. This indemnity survives delivery and acceptance of services.

This indemnity must not be construed as a waiver of any governmental immunity Wayne County, its agencies, or employees, has as provided by statute or modified by court decisions.

PROPERTY DAMAGE: The undersigned agrees to pay for any/all damages to any property caused by the undersigned either negligently, willfully, or otherwise.

REPRESENTATIVES: The undersigned has executed this Release for himself or herself, a minor he or she is signing this Release on behalf of and their heirs, assigns and legal representatives.

EMERGENCY TREATMENT CONSENT: The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.

INSURANCE: The undersigned understands that the Released Parties do not carry participant insurance. The undersigned acknowledges that they either have appropriate insurance or, in its absence, agree to pay all cost of rescue and/or medical services as may be incurred on their behalf.

PHOTO RELEASE: The undersigned hereby authorizes FOTR to use photographs and/or video that were taken of me during my participation in the Activities. The undersigned understands that this material may be used in various publications, the internet, public television, recruitment materials, organization presentations, or for other related endeavors. This authorization is continuous and may only be withdrawn by my specific rescission of this authorization. Consequently, FOTR may publish materials, use my name, photograph, video and/or make reference to me in any manner that FOTR deems appropriate in order to promote/publicize the restoration of the Rouge River.     

ACKNOWLEDGMENT: The undersigned has read and understands this Release and realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities and does so freely and voluntarily.

JURISDICTION: This Release, and all actions arising from it, must be governed by, subject to, and construed according to the law of the State of Michigan. Any person who brings an action related to this Release consents to the personal jurisdiction of any competent court in Wayne County, Michigan, for any action arising out of this Release. No person shall commence any action against the County because of any matter arising out of or relating to the validity, construction, interpretation and enforcement of this Release, in any courts other than those in the County of Wayne, State of Michigan unless original jurisdiction is in the United States District Court for the Eastern District of Michigan, Southern Division, the Michigan Supreme Court or the Michigan Court of Appeals.

I, THE UNDERSIGNED (INCLUDING ANY MINOR FOR WHOM I AM SIGNING THIS AGREEMENT), HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER SUBSTANTIAL LEGAL RIGHTS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.