Terms and Conditions. For and in consideration of the use, rental, or other access to equipment, facilities, or activities of Koloni, Inc. and its affiliates, partners, or assigns (“Koloni”), by using the Koloni application, clicking to agree on the Koloni or affiliated /white label application the Participants enter this Participation Agreement and Release.
Warnings, Understandings, and Representations: The business of Koloni includes Kayaking, Canoeing, Stand Up Paddle Boarding, and other open water or sports activities rentals. I understand that participation in these activities involves risk of serious injury, including bodily, mental injury, disability, paralysis, pain, suffering, or death. Dangers to persons, pets, and other property may include tipping or turning over of watercraft; entanglement in trees or other obstructions; exposure to heat, cold, lightning, strong currents, injurious plants, harmful algae, bacteria, waterborne toxins, insects, animals, or other elements; sunburn; dehydration; heat stroke; muscle cramps; exhaustion; hypothermia; or accidental drowning. I understand that risks and dangers may result from the acts or omissions of myself or third parties, or of Koloni, its agents, employees, owners, participants, volunteers, or others acting on their behalf. With full knowledge of the risks and dangers, I represent that I am in good health and proper physical condition to participate in the activities and business of Koloni I do not have health problems or medical conditions that preclude participation. I have inspected the equipment, facility, and activities of Koloni, and I find that they are acceptable for the intended use or participation.
Assumption of Risk and Responsibility for Injury or Damage: I acknowledge that open water or sports activities are inherently dangerous and that I participate at my own risk. I understand that risks and dangers cannot be eliminated without jeopardizing the essential qualities of the activity, and I voluntarily elect to participate, accepting and assuming the risks. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer. I agree to bear the costs and responsibility for any injury or damage I may cause or suffer, including payment for bodily injury, property damage, or lost or damaged equipment
Indemnification and Release of Liability: I FULLY AND UNCONDITIONALLY RELEASE AND DISCHARGE Koloni and its agents, employees, owners, administrators, directors, officers, members, instructors, participants, volunteers, contractors, sponsors, advertisers, or event organizers, or others acting on their behalf of any liability, claims, demands, causes of action, losses, injuries, or damages, whether caused in whole or in part by the Released Parties, or by the negligence of the Released Parties. This Release extends to any injuries (including
death) or damage to persons, pets, or other property that may arise from the use, rental, or other access to the equipment, facilities, or activities of Koloni or which may be connected to my participation in the activities, and to all claims for personal injuries or property damage sustainedby me, or by my estate, parents, children, heirs, beneficiaries, personal representatives, or assigns (“the Releasing Parties”).
On behalf of myself and the Releasing Parties, I AGREE TO INDEMNIFY, SAVE, AND HOLD HARMLESS KOLONI AND EACH OF THE RELEASED PARTIES for any loss, liability, damage, litigation expenses, attorney fees, or cost of any kind, which may result from any injury, damage, or other loss occasioned by use, rental, or other access to equipment, facilities or activities of Koloni.
Choice of Law: This Agreement creates a covenant not to sue, and complete release and indemnity of, Koloni and the Released Parties. If, despite this Agreement, suit is attempted, I agree that the exclusive forum shall be Polk County, Iowa, applying Iowa law. I agree that if any term of this Agreement is found to be void or unenforceable, then the remaining terms shall
remain in full force and effect.
Careful Review and Understanding: I have read and I understand the posted Rules and Regulations. I have carefully read this Agreement in its entirety. I fully understand the Agreement, understand that I am knowingly waiving substantial rights by using the Koloni application and/or clicking to agree, and use the Koloni application and/or click to agree without any inducement or assurance of any nature.
158 Touhy Ct
Des Plaines, IL, 60018