River Program Waiver

Agreement to Assume all Risks: Release of Liability / Agreement Not to Sue and to Indemnify

Please read this contract carefully. It releases BARTRAM’S GARDEN and the JOHN BARTRAM ASSOCIATION from liability and waives certain rights.

In consideration of being permitted to participate in an outdoor water activity with Bartram’s Garden and the John Bartram Association (collectively herein “JBA”), I, the Participant, (or if the Participant/s is/are under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):

1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in an outdoor water activity with JBA, which activity may include kayaking, row boating, fishing, and water-adjacent hiking and exploration (hereinafter the “Activities”) can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activities involves certain inherent dangers and risks that cannot be eliminated or controlled by JBA, the presence of which are integral to the adventurous nature of the Activities. I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activities not listed below: hazardous river or shoreline conditions, including strong currents, or shallow water; falling into water from watercraft; capsizing watercraft; water immersion, including drowning; falling into water with submerged hazards; injurious contact with natural and manmade objects; striking and/or becoming entangled with overhanging trees; strainers, rocks, or other objects under, near, or above the surface of the water; lacerations due to injurious contact with sharp vegetation, rocks, or glass in the river or shoreline; prolonged exposure to cold water; failure to understand how to properly use equipment resulting in its failure or malfunction, including PFDs; failure to properly control a kayak or rowboat or as a result of a lack of adequate knowledge, experience, or skill; boating equipment malfunction; slippery or hot boating equipment; being separated from watercraft; collisions with other watercraft; exposure to fishing hooks and lines; injurious contact with your own boating or fishing equipment, or that of other participants or river or shoreline users; slipping, tripping, or falling while walking along the dock or water’s edge; collapsing or submerged dock; injuries caused by aiding other participants; injuries caused by using, moving, or lifting boating equipment; exposure to tick bites; bee or wasp stings; falling trees; moving objects associated with extreme weather; flash flood; temperature fluctuations; darkness; wind; hail; storms and lightning; exposure to allergens; mental or physical shock; wildfire; burns or burning associated with hot surfaces and sun exposure; overexertion; fatigue; dizziness or disorientation; diminished reaction time; mentally or physically unstable or criminal participants; negligence by other participants; all manner of outdoor injuries including brain injury, spinal injury, broken bones, internal injury, sickness or disease; allergen exposure; exposure to food-borne, water-borne, vector-borne, or airborne pathogens, bacteria, and viruses, including but not limited to contraction of COVID-19; exacerbation of Participant’s own health condition(s); hypothermia, sunburn, heatstroke, dehydration, hyponatremia; getting lost; slipping, tripping, or falling; errors in volunteer, employee, guide, teacher, or leader judgment or lapse in volunteer, employee, guide, teacher, or leader skill; inexperience or poor judgment of young adult, adolescent, or youth leaders; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, boats, or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that JBA has done its best to list the known risks of participating in the Activities, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activities.
2. Acknowledgement of Limitations of Equipment: I acknowledge and agree that any equipment provided by JBA might malfunction, fail, not fit properly, or otherwise not function as intended. I acknowledge and agree that a) JBA explicitly requires that I wear a personal floatation device (PFD) at all times while on the water; b) I am responsible for ensuring the provided PFD fits properly to my body; and c) although a PFD may be provided, it is no guarantee of my safety, and PFD might not protect me from injuries, including the types of injuries that the PFD is designed to prevent. I understand that if I provide my own equipment, I am responsible for its maintenance and use. I understand that if I refuse or fail to use a PFD, I will not be allowed to participate in the Activity, and the Activity could be cancelled. The undersigned acknowledges that not all conceivable safety equipment is included with my participation in the Activities, and that Participant must supply any safety equipment they deem advisable or necessary for the Activities beyond what is provided.
3. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activities despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activities. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activities. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activities, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
4. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activities. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all volunteer instructions at all times while engaging in the Activities. Further, I represent that I have had the opportunity to both independently research and discuss with JBA the risks of participating in the Activities and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activities. I am not relying on any prior oral, written, or visual representations made by JBA, including in any website or promotional materials, to induce me to participate in any Activities.
5. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for JBA’s agreement to allow the Participant to participate in the Activities, I HEREBY AGREE NOT TO SUE THE JOHN BARTRAM ASSOCIATION, BARTRAM’S GARDEN, THE PHILADELPHIA DEPARTMENT OF PARKS AND RECREATION, AND THE CITY OF PHILADELPHIA, their affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurers, agents, employees, volunteers, representatives, assignees, members, officers, directors, shareholders, non-profits, and any landowners across whose property we may travel during the activities (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activities. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activities, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not including gross negligence or intentional conduct).
6. Agreement to Indemnify: I agree to INDEMNIFY each Released Party from any claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activities. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, undersigned will be required to pay back to each Released Party all sums of money incurred by, or paid by or on behalf of, any of the Released Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.
7. Medical Authorization: I hereby: 1) authorize JBA to undertake any emergency medical care for me; 2) authorize JBA and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the JBA and each Released Party harmless from any claims associated with such medical care and/or related transportation.
8. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives.
9. Agreement to Application of Pennsylvania Law and Selection of Forum: I agree that any claims for injury and/or death arising from my participation in the Activity shall be governed by Pennsylvania law, and that the exclusive jurisdiction for any claim shall be in the Court of Common Pleas of the State of Pennsylvania, County of Philadelphia, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
10. Miscellaneous Provisions: I agree that JBA may utilize my photograph, or video of me participating in the Activities for any purpose, and that any such image is the property of JBA. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original.