STATEMENT OF INDIVIDUAL RESPONSIBILITY
In response to the crisis with liability insurance and to clarify the relationship between the club and its members, the officers of the Lehigh Valley Kayak & Canoe Club, Inc. (LVKCC) have proposed these materials regarding the conduct of their activities. The intent is for the individual to judge their own qualifications and to assume responsibility for their own safety, and not to place these responsibilities on the activity coordinators. To not make the individual responsible is not only unreasonable, but invites litigation which could threaten the existence of the club.
DESIRING TO JOIN MY FELLOW PADDLERS IN THE LVKCC, DO HEREBY DECLARE THAT I FULLY UNDERSTAND AND ACCEPT THE FOLLOWING FACTS OF LIFE ON THE WATER:
- Canoeing, kayaking, or rafting, particularly on whitewater rivers, exposes participants to various safety hazards.
- No one but myself is responsible for my safety when I choose to challenge my capabilities by running a particular river or a particular rapid.
- I expect to assist my fellow paddlers to the best of my own personal skill and ability if they appear to need such assistance, but only so long as I can do so, in my own judgment;, without significant danger to myself. I further understand that this does not imply any legal duty for me to do so, nor for anyone else to render such assistance to me.
- Possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza and COVID-19.
NOW THEREFORE, INTENDING TO BE LEGALLY BOUND, I HEREBY WAIVE, for myself and for anyone else claiming through me, my right to sue the LVKCC, its officers, trip coordinators, leaders, or organizers, or any of my fellow paddlers, for any injuries to my person or my equipment which may occur during, in preparation for, or in transit to or from a LVKCC activity. This waiver applies to any negligent act or omission, and to any intentional act intended to promote my safety or well-being. This waiver is given in the interest of permitting the LVKCC to exist and to serve the paddling community, and to enable myself and my fellow paddlers to feel free to donate their services to improving the sport and to help in training those less skilled than ourselves without fear of liability.
Recent court decisions have ruled that parents cannot sign away the rights of their children. Likewise, recent litigation relating to inappropriate behavior between adults and youth in sports has forced the club to add the following requirement. ANYONE UNDER THE AGE OF 18 YEARS OLD MAY PARTICIPATE IN LVKCC EVENTS ONLY UNDER THE SUPERVISION OF THEIR PARENT OR LEGAL GUARDIAN. DURING ALL CLASSES, EVENTS AND TRIPS, THE PARENT OR LEGAL GUARDIAN HAS THE SOLE RESPONSIBILITY FOR THE JUVENILE, NOT THE LVKCC.
MY WAIVER IS GIVEN IN EXCHANGE FOR SIMILAR WAIVERS TO BE GRANTED ON MY BEHALF BY OTHER MEMBERS OF THE LEHIGH VALLEY KAYAK & CANOE CLUB.