Dear Volunteer,

You must READ (below) and AGREE TO this Release Form before participating in a Don’t Mess with the Don clean up event. Thank you for your cooperation.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”)

BY SIGNING THIS DOCUMENT YOU ACKNOWLEDGE THE RISKS INHERENT IN KAYAKING AND WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY!

In this Release Agreement the term “kayaking” includes all Kayaking activities including, but not limited to, guided trips, clinics, lessons, and private instruction (hereinafter “paddling”).

ASSUMPTION OF RISKS Kayaking takes place on water with other craft present as well as changing weather and conditions, and will expose the kayaker to many risks, dangers and hazards. The potential for falling into the water is present. PFDs or lifejackets and related equipment may be placed under extreme stress and can malfunction. PFDs are mandatory. As with many adventure sports, paddling involves the risk of injury, including serious injury, head injury, paralysis or death. The risk of injury increases with the degree of difficulty of the water and weather conditions. Although the risk of injury can never be eliminated, the kayaker can manage the risk through following instruction and leader commands.

I agree and understand that I will be held to assume the risk of all water and other present craft and obstacles, including but not limited to weather conditions, hidden or concealed obstacles, and potential collisions with other paddlers and wildlife. I have the right to stop and seek immediate landfall.

WAIVER, RELEASE OF LIABILITY I agree to waive any and all claims and to release Don’t Mess with the Don and their respective affiliates, subsidiaries, employees, representatives, contractors, volunteers and agents (hereinafter “the Releasees”) from any and all liability for any loss, damage, expense or injury, including death, that I or my next of kin may suffer as a result of kayaking with Releasees, due to any cause whatsoever, including negligence, gross negligence, breach of contract or breach of any statutory or other duty of care on the part of the Releasees. I understand that the foregoing release covers failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards of kayaking. I also realize that Releasees may not have wilderness first aid and CPR training or that Releasees’ first aid and CPR training might have expired; that Releasees are not trained as medical doctors, nurses, or emergency medical technicians; that all Releasees may be able to do in case of an accident is attempt to call the appropriate medical personnel; and that Releasees have no control over how long it will take for the medical personnel to arrive at the scene of a kayaking or boating accident. I understand that it is not the Releasees responsibility to carry first aid supplies, epipens, food, water, or whatever else I might need for my own health; I understand that it is my responsibility to carry anything I might need.

I acknowledge that the decision to attempt any trail, trail feature, maneuver, or obstacle encountered while paddling with Releasees, was made entirely by me, without coercion or influence by Releasees, and with a full understanding and awareness of the risks to me associated with such water conditions, maneuver, or obstacle. I acknowledge and agree that should any part of the Agreement be determined to be void or unenforceable by a court of law, the remainder of the waiver will remain binding on the parties.

I represent and warrant that I am in good health and have no medical conditions or disabilities that restrict or impede my ability to participate in kayaking. I acknowledge that I have all necessary medications or aids that I might require in the event of a known medical issue (such as allergy medications, epi-pens, etc.). I acknowledge that I’m not relying on Releasees for medications; and I am not relying on Releasees to provide first-aid supplies or any other medical treatment, and I waive any claim against Releasees to provide medical treatment or care of any kind during the kayaking. I agree that the Releasees are authorized to obtain medical care for me or to arrange for transportation to a medical facility or hospital if, in the opinion of Releasees, medical attention is needed. I further agree that upon arrival at the medical facility or hospital, Releasees shall have no further responsibility to me. I agree to pay all costs associated with such medical care and related transportation and to indemnify and hold harmless Releasees from any costs or claims arising from such medical care and related transportation. I have, and agree to maintain, valid and sufficient medical and accident insurance that will cover any harm or injuries I suffer while kayaking. I understand that this is my sole responsibility and release the Releasees from any claim or responsibility for not providing such coverage, or any failure to obtain and maintain such coverage.

I understand that the nature of capsizing is serious. I will prevent serious consequences by wearing a PFD that provides adequate protection, and I will prevent injury by kayaking within my skill set. I will also make sure I have a caretaker to monitor my condition and not return to kayaking or any similar activity until I'm released by a doctor to do so.

I further agree to defend, indemnify and hold harmless Releasees from any and all claims brought by third parties which arise in whole or in part from riding with Releasees.

BINDING AGREEMENT, PARENTAL RESPONSIBILITY This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. If this Agreement is being signed by a parent or legal guardian on behalf of a child who is a minor, the undersigned parent or legal guardian acknowledges that he/she is signing this Agreement on behalf of him/herself and on behalf of the child, and that the child is bound by all the terms of this Agreement. This Agreement shall be binding upon the parent’s and child’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.

I further grant permission to all of the foregoing to use any photographs, motion pictures, recordings or any other record of these events for any legitimate purpose.

I HAVE READ THIS ENTIRE PARTICIPATION, RELEASE OF LIABILITY, INDEMNIFICATION AND IMAGE RELEASE FORM, I UNDERSTAND AND ACCEPT ITS TERMS AND CONDITIONS, AND I VOLUNTARILY SIGN THIS FORM.