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Terms & Conditions

WAIVER NOTES:

WAIVER, RELEASE & INDEMNITY

I ____________________ understand and agree that my participation in events, programs, races, or activities organised, operated, conducted and/or sanctioned by “Kayak Niue” is conditional upon my execution of this document.

I am aware that recreational kayaking and in particular endurance involves the possibility of injury or death.

I accept these risks, and all others arising from these events and programs, even if arising from the negligence, gross negligence or negligent rescue by those associated in any way with “Kayak Niue” events and programs I may be involved in, the venues at which these events and programs takes place or by those organising, officiating, or participating in these events and programs throughout the year, including their respective officers, directors, employees, agents, servants, volunteers and representatives (the “Releases“).

I understand that all applicable rules for participation must be followed and that SOLE RESPONSIBILITY FOR MY PERSONAL SAFETY REMAINS WITH ME, including my physical and emotional preparation and fitness to participate in “Kayak Niue”.

I undertake and agree to remove myself from participation if I sense or observe any unusual hazard or unsafe condition, or if, at any time, with “Kayak Niue”, I feel unable or unfit to safely continue for any reason.

I give, a FULL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have, or may have in the future, against the owner operator of “Kayak Niue”, and all other Releases from all liability for any loss, damage, injury or expense that I may suffer as a result of my participation in any part or parts of “Kayak Niue” or my presence at any venue at which they may take place, due to any cause whatsoever including the forms of negligence set forth in paragraph 2 above or from any breach of contract or statutory duty or other duty of care including any duty of care owed under the Occupier’s Liability Act 1962, on the part of the Releases.

I AGREE NOT TO SUE and I further agree TO INDEMNIFY AND SAVE HARMLESS the Releases from all expenses, fees, liability or damage award or cost of any type whatsoever arising from my participation in this event.

I HAVE READ AND UNDERSTOOD THIS WAIVER, RELEASE AND INDEMNITY. I am aware that by signing this agreement I am waiving substantial legal rights (on my behalf and on behalf of my heirs, executors, administrators and next of kin), including the giving up of my right to sue.

Applicant’s Signature (I am 16 years old or older: if not, Parent(s) or Legal Guardian(s) must sign “Kayak Niue - Registration Form“).

PARENTAL CONSENT FOR MINOR PARTICIPANT and INDEMNITY AGREEMENT

I have read and understood the above Waiver, Release and Indemnity, and have discussed the same signing above. I am satisfied the said minor understands the waiver and release and his/her obligations consideration of the participation of my minor child/ward I too agree to waive, release and indemnify the Releases set out above. I am aware that by signing this agreement I am waiving substantial legal rights, which my minor child/ward heirs, executors, administrators and next of kin may have against the Releases.