EXPRESS ASSUMPTION OF THE RISK / WAIVER AND RELEASE OF LIABILITY
AGREEMENT FOR USE WITH WATERSPORTS EQUIPMENT RENTED FROM
AGAINST THE GRAIN OUTFITTERS, LTD, 199 SCOTT STREET, UNIT 509,
BUFFALO, NEW YORK, 14204
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
WARNING: YOU CAN BE INJURED WHILE RIDING IN, USING AND OPERATING
RENTED WATERSPORTS EQUIPMENT
I understand and am aware that riding in, using and operating rented water sports
equipment including canoes, boats, kayaks, paddle boats, Stand Up Paddle Boards (SUPS), rafts,
personal floatation devices such as inner tubes (PFD’s), and other types of watercraft (hereinafter
collectively referred to as watersports equipment) may be a DANGEROUS AND
HAZARDOUS ACTIVITY AND THAT INJURIES FROM PARTICIPATING IN THIS
ACTIVITY CAN BE SERIOUS AND EVEN FATAL. I have made no misrepresentations to
Against the Grain Outfitters, Ltd. about my name, address, health or other information. I
acknowledge that I have read and understand the attached safety rules (page 3) and have been
given the opportunity to ask questions regarding the use and operation of the rented watersports
equipment and I understand the geographic boundaries and navigable waterways of where I am
allowed to use and operate the rented watersports equipment. I understand that I will be instructed
on the use and function of the supplied rental equipment, and understand that I may ask the staff
whatever questions I have about the proper use of the rental equipment.
I WILLINGLY AND FREELY accept and understand that riding in, using and
operating WATERSPORTS EQUIPMENT can be a DANGEROUS and HAZARDOUS
activity with inherent risks. I agree that the phrase “inherent risks” includes those risks listed in
this agreement, or those that can be reasonably inferred therefrom. I also agree that these inherent
risks are both obvious and necessary to the activities of riding in and using the rented watersports
equipment. These risks include, but are not limited to, foreseeable or unforeseeable causes, such
as above water and underwater hazards such as piers, both above and underwater industrial waste
including, but not limited to, concrete waste, ropes, wires, chains, rebar, steel pilings, metal and
wooden structures and trees and other organic materials, rocks, and sand bars without limitation
that can result in my injury or death. The risks also include waves, rogue waves, high waves,
water currents and strong water currents, high winds, storms and thunderstorms (electrical
storms), cold water temperatures capable of causing hypothermia or death, wakes caused by other
watercraft such as boats and ships, and other acts of nature that can result in my injury or death.
The risks also include the sinking of the watersports equipment and the capsizing of the
watersports equipment which can result in my injury or death. Other risks include dangerous
situations created and acts of third parties such as boat operators that can result in my injury or
death. All of these inherent risks associated with riding on and using the rented watersports
equipment present the risk serious injury or illness including but not limited to bodily injury,
disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause
serious disability. I HEREBY ACKNOWLEDGE, ACCEPT AND FREELY AND
EXPRESSLY ASSUME ALL RISKS OF INJURY TO ANY OR ALL PARTS OF MY
BODY, INCLUDING DEATH, THAT EXIST IN RIDING ON AND USING AND
OPERATING THE RENTED WATERSPORTS EQUIPMENT. Nonetheless, I agree to
voluntarily participate in the activity of riding in and using and operating the rented watersports
equipment and assume all the risks associated therewith.
In consideration of being permitted to use the facilities and property and the rented
watersports equipment of Against The Grain Outfitters, Ltd. and other good and valuable
consideration the receipt of which is hereby acknowledged, I agree to use such facilities and
property and watersports equipment AT MY OWN RISK AND EXPRESSLY ASSUME full
responsibility for any damage or injury to myself or which I may cause to others, including but
without limitation, any claims for personal injuries resulting from or arising out of the negligence
of Against The Grain Outfitters, Ltd. I understand I am giving up my rights to sue Against The
Grain Outfitters, Ltd.
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I, on behalf of myself, my personal representatives, my assigns, my next of kin, and my
heirs, voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Against
The Grain Outfitters, Ltd. and its owners, agents, officers and associates from any and all claims,
actions or losses for bodily injury, property damage, wrongful death, loss of services, or
otherwise which may arise out of my renting and using and operating the watersports equipment
due to carelessness or negligence on the part of Against The Grain Outfitters Ltd. or otherwise, in
any respect whatsoever because of past, present or future maintenance, condition and layout of
its facilities and its watersports equipment; error, judgment, education, knowledge, experience of
personnel and lack supervision or improper supervision given; or any other manner not set forth
above which results in injury hereafter to myself. I specifically understand that l am releasing,
discharging and waiving any claims or actions that I or my heirs may have presently, or in the
future, for the negligent acts or omissions of Against The Grain Outfitters, Ltd., its owners,
agents, officers and associates.
In further consideration of being permitted to use the facilities and property and the
rented watersports equipment of Against The Grain Outfitters, Ltd., I agree to the attached
safety rules and I agree to the attached video and photograph consent and release form.
I agree to pay for any and all damage I may cause to the facilities and property and the
rented watersports equipment in an amount determined by Against The Grain Outfitters, Ltd.
This Express Assumption of the Risk and Waiver and Release of Liability
Agreement is governed by the applicable laws of the State of New York. If any part of this
agreement is determined to be unenforceable, all other parts shall be in full force and effect. I
further agree that any dispute arising out of this contract and/or from any use by me of any of the
property or facilities or rental equipment of Against The Grain Outfitters, Ltd. shall be litigated
exclusively in the Courts of the State of New York, Erie County, which shall have exclusive
jurisdiction over every party in connection with any such dispute, controversy, cause of action,
lawsuit or claim.
I HAVE CAREFULLY READ THE ABOVE EXPRESS ASSUMPTION OF THE RISK
AND WAIVER AND RELEASE OF LIABILITY AGREEMENT. BY SIGNING, IT IS MY
INTENTION TO EXEMPT AND RELIEVE AGAINST THE GRAIN OUTFITTERS,
LTD. FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR
DEATH, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE OR DEATH
CAUSED BYTHE NEGLIGENCE OF AGAINST THE GRAIN OUTFITTERS, LTD., ITS
OWNERS, AGENTS, OFFICERS AND ASSOCIATES.
I acknowledge the receipt of the following rented equipment:
Kayak: ______ (initial)
Paddle Boat/SUP: ______ (initial)
PFD: ______ (initial)
Guest Signature: _________________________Date:__________________
Print Guest Name_______________________________________________
Address: ____________________________________________________________________
Phone Number: ___________________________
Emergency Phone Number and Contact: ________________________________________
MINOR CHILDREN (under 18 years old) - I verify that I am the parent or guardian of the above
named minor child and have authority to enter into this agreement on behalf of the minor child. I
agree to be bound by the terms of this agreement and accept full responsibility for all medical
expenses incurred as a result of the minor child’s use of the subject property and equipment and
the minor child’s participation in riding or using the rented watersports equipment, I agree to
indemnify and hold harmless Against The Grain Outfitters Ltd. any claim brought by, or on
behalf of, the minor child.
Print Child’s Name ______________________________________________________________
Address of Minor: _______________________________________________________________
Address if Parent/Guardian:________________________________________________________
Parent Guardian Name: ___________________________________________________________
Parent/Guardian Signature: _________________________ Date:______________________
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SAFETY RULES PERTAINING TO WATERSPORT EQUIPMENT RENTED FROM
AGAINST THE GRAIN OUTFITTERS, LTD
WARNING - Riding in, using and operating rental equipment including canoes, boats, kayaks,
paddle boats, Stand Up Paddle Boards (SUPS), rafts, inner tubes and other watercraft (hereinafter
collectively referred to as watersports equipment) may be HAZARDOUS. The waterways and
shores for which the watersports equipment are to be used are NOT one hundred percent (100%)
SAFE. The use of watercraft equipment and our facilities are NOT suitable for all persons,
ESPECIALLY SMALL CHILDREN who can not or will not sit still or follow directions, and
some elderly people, or people with medical conditions.
In consideration of being permitted to use the facilities and property and the rented
watersports equipment of Against The Grain Outfitters, Ltd., and for other good and
valuable consideration the receipt of which is hereby acknowledged, I agree to abide
by the following safety rules:
SAFETY RULES
1. The use of alcohol, drugs and other intoxicants is strictly forbidden when renting and using and
operating watersports equipment. If you use alcohol or intoxicants/drugs you will be asked to
leave and no refund shall be given.
2. DO NOT ride in or operate or use watersports equipment without wearing proper safety
equipment, including a life jacket. I understand that Federal and state laws require that all
participants in watersports wear an approved Personal Flotation Device (PFD) AT ALL TIMES
while engaged in watersports activities and agree to wear one at all times.
3. STORMS, LIGHTNING, HIGH WIND, HIGH WAVES
Upon detecting a storm or seeing lighting or experiencing high wind or waves, please
immediately seek suitable shelter from the storm. Against The Grain Outfitters, Ltd. will not
know your geographic location and has no duty to rescue you.
4. NO SMOKING is allowed while riding in or operating the rented watersports equipment or on
the premises of Against The Grain Outfitters, Ltd.
5. DO NOT EXIT the watercraft equipment to go exploring the shoreline because although the
waterways themselves are public much of the shoreline is private property I agree not to trespass
on any such property, and to indemnify and hold harmless Against Grain Outfitters, Ltd. for any
liability incurred by such trespassing and any injury occurred while trespassing.
6. I will remove myself from all hazardous conditions I detect and will alert Against The Grain
Outfitters of said hazardous conditions.
7. Head injury is a known risk associated with the use of watersports equipment. Against The
Grain Outfitters recommends a helmet be worn at all times and can provide you with a helmet
upon request. If you decline to use a helmet, then you release Against the Grain from any liability
for injuries stemming from my decision not to wear a helmet and I fully assume the risks
associated with not wearing a helmet (see pages 1 and 2).
Other unstated risks and hazards may exist (see page 1). Be alert to water and weather conditions.
I have read and understand the safety rules. I have been instructed on the use and operation of the
rental equipment. I have been given the opportunity to ask any and all questions pertaining to the
rental equipment, its use and operation. All my questions have been completely answered. I agree
that I know how to use the rental equipment and have no further questions regarding the use and
operation of the rental equipment.
Printed Name: ______________________________
Signature: _________________________________
Date: _____________________________________
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Photograph & Video Consent and Release Form
In consideration of being permitted to use the facilities and property and the rented
watersports equipment of Against The Grain Outfitters, Ltd., and for other good and
valuable consideration the receipt of which is hereby acknowledged, I hereby consent
to Against The Grain Outfitters, Ltd.’s use of my image, likeness and sound of my voice as
recorded on audio or video tape and photographs. In addition, I hereby grant to Against The
Grain Outfitters, Ltd.’s permission and the rights to use of my image, photographs, likeness
and sound of my voice as recorded on audio or video tape or other electronic devices. I
understand that my image may be edited, copied, exhibited, published or distributed, used
in advertising of all type and kind, and waive the right to inspect or approve the finished
product wherein my likeness appears. Additionally, I waive any right to royalties or other
compensation arising or related to the use of my image or recording. I also understand that
this material may be used in diverse educational settings within an unrestricted geographic
area and hereby consent to all such uses.
Photographic, audio or video recordings may be used for at least the following purposes:
• conference presentations
• educational presentations or courses
• informational presentations
• on-line educational courses
• advertising and marketing
• educational videos
• testimonials
By signing this consent and release I understand this permission signifies that photographic
or video recordings of me may be electronically displayed via the Internet or in the public
educational setting.
I will be consulted about the use of the photographs or video recording for any purpose
other than those listed above.
There is no time limit on the validity of this consent and release nor is there any geographic
limitation on where these materials may be distributed.
This consent and release applies to photographic, audio or video recordings (and associated
text) collected as part of the sessions listed on this document only.
By signing this form I acknowledge that I have completely read and fully understand the
above consent and release, and that I agree to be bound thereby. I hereby release any and
all claims against any person or organization utilizing this material for educational purposes
or the other purposed listed above.
Full Name: ___________________________________________________
Address: ________________________________________________________________________________________
City: ________________________________________________________
Zip Code: ______________________________________
Signature:_______________________________________ Date: ____________________________
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