Illinois Water TrailKeepers
TrailKeepers Stewards Assumption of Risk
Openlands requires all Illinois Water TrailKeeper Trail and Reach Stewards to sign
the assumption of risk document copied below prior to doing any TrailKeepers activity.
The Assumption of Risk, Release and Indemnification is posted here to enable Stewards to
read the document in full prior to signing.
You can download and print a copy of this document by clicking here.
Illinois Water TrailKeepers
ASSUMPTION OF RISK, RELEASE AND INDEMNIFICATION
_______________________________________________________________________________________________
Please read carefully and be certain you understand the implications of signing this agreement.
By participating in the Illinois Water TrailKeepers (“WTK”) project and associated activities (the “Project”) you may be using
the property, equipment and/or facilities owned, leased to or operated by Openlands Project, the Illinois Paddling Council or any
other sponsor, local partner, organization or any of their respective officers, managers, members, agents, employees and
affiliates (hereinafter individually and collectively referred to as the “Releasees”). In consideration of being permitted to
participate in the Project, I, for myself, my personal representatives, assigns and heirs, and next of kin, hereby
represent and agree as follows:
EXPRESS ACKNOWLEDGMENT OF RISKS
I hereby affirm and acknowledge that I understand and have been made aware of the nature of the Project and the inherent
hazards and risks associated with participating in the Project. I acknowledge and fully understand that, paddling and
performing WTK activities such as conducting in-stream maintenance, with or without hand and power tools, are potentially
dangerous activities. I understand that the inherent hazards and risks associated with participating in the Project include but
are not limited to: risk of serious injury; illness; permanent disability; paralysis or death from the activity and equipment utilized
therein; possible equipment failure and/or malfunction; improper instruction or supervision; exposure to the elements; my own
actions, inactions or negligence and/or the actions, inactions or negligence of others; hazards of paddling on and/or paddling
related activities off the water (launching, portaging, landing, etc.); forces of nature; risk of capsizing watercraft; exposure to
pollutants; and accidents or illness occurring in remote places where there may be no available medical facilities. I further
agree and
warrant that, if at any time, I believe conditions relating to the Project to be unsafe, I will immediately discontinue further
participation in the activity.
I acknowledge that there may be other risks, known and unknown, associated with participating in the Project and
performing the WTK activities that may result in injury, illness or death. Such risks being known and unknown, I hereby
for myself, as well as MY heirs, executors or administrators, fully accepts and expressly assumes any and all risks and
ALL RESPONS IBILITY FOR INJURY, LOSSES, COSTS AND DAMAGES INCURRED BY ME, NOW AND
FOREVER, ARISING OUT OF, RELATED TO, OR AS A RESULT OF MY PARTICIPATION IN THE
PROJECT, WHETHER FORESEEN OR UNFORESEEN AND WHETHER CAUSED BY THE NEGLIGENCE OF
THE RELEASEES OR OTHERWISE.
REPRESENTATIONS
1. Representation of Good Health Physical Condition: I represent and warrant that I have sufficient physical health to
participate in all WTK activities. I further agree and warrant that if, at any time, I believes that I am not in a sufficiently
healthy condition, I will immediately notify the TrailKeepers Program Manager and discontinue further participation.
2. Acknowledges Ability to Swim: I represent and warrant that I know how to swim and/or will correctly wear a properly
sized personal flotation device (PFD) during on the water WTK activities.
3. Medical Conditions: I represent that I have no open wounds, have had all necessary medical immunizations, and
understand that I may touch, fall into or otherwise be exposed to pollutants in the water. I will keep in my possession any
prescribed medications for pre-existing medical conditions that I may need in an emergency (i.e. inhalers, anti-sting medications, etc.).
4. Compliance with Laws and Policies: I agree to comply with all WTK policies and all applicable federal, state and
local laws in connection with participating in the Project and further agree to follow all WTK safety procedures and
protocols, and all policies of the WTK “Local Partner” (where one exists) in the county in which the participant is
performing WTK activities.
RELEASE AND INDEMNIFICATION
I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless each of the Releasees from
all liability, claims, demands, losses, injury, disability, death or damages to person or property on my account or alleged to
have been caused in whole or in part by the negligence of Releasees or otherwise, including negligent rescue operations, and
further agree, that, if notwithstanding such release or covenant, I or someone on my behalf asserts a claim, I will defend,
indemnify, and hold harmless each of the Releasees from any and all liability, costs, damages, litigation expenses and
attorneys' fees which may be incurred as a result of such claim. I further agree that I shall be liable for any damage to
Releasees, their property, or injury to staff caused by my negligence or willful, wanton, reckless or intentional actions or inactions.
The laws of the State of Illinois (without giving effect to its conflicts of laws principles) govern all matters arising out of or
relating to this agreement.
I have read this agreement and fully understand the nature of this agreement, including that I have given up substantial
legal rights by signing it. I am signing this agreement freely and voluntarily without any inducement or assurance of any
nature. I further intend such to be a complete and unconditional release of all liability and covenants not to sue to the
greatest extent allowed by law. If any portion of the agreement is held to be invalid, the balance not withstanding, shall
continue to be in full force and effect.
_________________________________________
Participant's Signature
_________________________________________
Printed Name
____________________________
Date