In consideration of the use of the property, facilities and/or services of Coplon Outdoors, LLC, d/b/a Norfolk Kayak Rentals (“COL”), the undersigned acknowledges and agrees as follows: LATE RETURNS MAY BE SUBJECT TO AN ADDITIONAL FEE. WE HAVE A ZERO-TOLERANCE ALCOHOL POLICY. INTOXICATED INDIVIDUALS WILL BE DENIED USE WITHOUT REFUND. ***YOU ARE RESPONSIBLE FOR ANY DAMAGE CAUSED TO RENTAL EQUIPMENT*** WARNING. There are significant elements of risk in any adventure sport or activity associated with the use or presence water craft, including but not limited to canoes, kayak, rafts, and tubes, and the use of related equipment. These risks are inherent in paddleboarding, canoeing and kayaking and may be present even if the equipment is used properly and even in still water or flat unobstructed conditions. SCOPE OF RELEASE. This Release of Liability covers all activities indirectly or directly associated with the use of COL equipment, facilities, services, and activities organized by, sponsored by, or directed by COL (“Activities”). RISK FACTORS. The undersigned understands and acknowledges that 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 the related and unrelated activities; (ix) the presence of wild animals, including marine life forms, (x) unavailability of immediate emergency aid services and emergency medical care (xi) loose sand (xii) low branches (xiii) rocks and obstructions (xiv) drops and other expected and unexpected obstacles and/or hazards.        The undersigned acknowledges that Activities, as well as other foreseeable or unforeseeable factors or circumstances, may result in a RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLY DEATH. ASSUMPTION OF RISK. By executing this Release of Liability, the undersigned expressly assumes all risk that arise from the participation  in  Activities, the acts of others, the unavailability of emergency care, and any other foreseeable  or unforeseeable  factors  or circumstances related to Activities. The undersigned assumes all risk of injury, wrongful death or property  damage  related to 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  Activities  and  understands  that  the  safe  and  proper  use  of  the facilities, equipment and participation in Activities is dependent upon carefully following such rules, policies and procedures. I will avoid hazards and potential hazards. The undersigned  understands  that  paddle sports should only be undertaken after proper instruction and training and that COL is not providing such training in connection with the rental of equipment. The undersigned assumes full responsibility for deciding where, when and with whom to ride or paddle. The undersigned acknowledges and agrees that the rental equipment provided by COL is for the sole and exclusive use of the undersigned and may not be used by any other person. RULES. The undersigned agrees to and accept the additional limits on the operation of any rented equipment. I will immediately return if lightning or adverse weather approaches. Late returns requiring rescue or support are subject to minimum rescue fee and late return charges. Personal Flotation Devices must be worn at all times. 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 COL equipment, facilities and services and to participate in 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 Activities, then they shall direct such questions to the appropriate staff member on site. RELEASE. The undersigned hereby releases, discharges, waives, disclaims and relinquishes all claims, actions or causes of action against City of Norfolk, COL, and all the officers, employees and agents 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 Activities, including those based on death, bodily injury or property damage whether or not caused by participation in Activities or the  negligence of COL; provided, however, the foregoing release shall not apply to claims solely based on the gross negligence or willful misconduct of COL. WAIVER. The undersigned waives the protection afforded by any statute or law in any jurisdiction including Virginia 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 City of Norfolk and COL, and all of their officers, employees and agents (each, an “Indemnitee”) and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the undersigned participation in the Activities which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of an Indemnitee, the undersigned or anyone else; provided, however, the foregoing indemnity shall not apply to claims related solely to the gross negligence or willful misconduct of COL. PROPERTY DAMAGE. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise. You may be charged up to the following for any replacement or repair of the following items: Single Kayak: $900, Tandem Kayak: $1200, Paddle $130, Lifevest: $75, Waterproof Case $45. The undersigned further agrees to make immediate payment for any and all property damage. In the event rental material is not returned, or is returned in manner deemed by COL to be beyond repair, the charge for such loss will be automatically billed to the credit provided as security. In the event the charge is declined, the undersign agree(s) to make immediate payment for the loss. MEDIA RELEASE Further I agree to allow my and my child and/or the ward’s image, video, photos or any likeness to be used for any legitimate purpose (Program Advertising, TV Documentary, Testimony). REPRESENTATIVES. The undersigned has executed this Release of Liability for himself or herself, and his or her 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. ACKNOWLEDGMENT: The undersigned has read and understands this Release of Liability and realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities and does so freely and voluntarily. FOR MINORS: Parent must sign on behalf of minor and accept responsibility for minor. Include name and age of minor and signature and name of parent/guardian.