sample trip agreement for Monterey kayaking

This is a sample of the trip agreement you will fill out and initial/sign when you sign up in person (there are no online signups for Outdoor Club events) for the October 2019 Monterey kayaking trip (and possible hikes at Point Lobos).

THIS PAGE WILL BE UPDATED CLOSER TO THE NEXT TRIP, WHICH WILL BE IN OCTOBER, 2019.

Please read it carefully so signing up will go faster.

If you are under 18 years old, your parent/guardian must sign documents in person.

You must agree to all these rules. If you don’t want to abide by any of the rules: you don’t want to stay close in with the group while out kayaking, you want to go near the animals, etc. then (yup, you guessed it) don’t sign up for this trip.

Along with this form you will need to sign another release. You can print and fill it out in advance by going to:
field trip release (especially important you remember that if you are under 18 a parent/guardian will need to sign it in person.)

Please don’t print this and fill it out, it is only a sample and it might have changed right before the trip. You or your parent/guardian must sign up in person. Times/places to find us to sign up are at: Outdoor Club Coming Attractions

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Outdoor Club Ocean Kayak Trip Agreement 8 a.m. Sunday, Oct. 20, 2019 (or if weather cancels) 8 a.m. Sunday, Oct. 27, 2019.

Print name_______________(the name used on college records, not a nickname you prefer)

Phone#______________ Cell#_________________Email__________

Age______ (if you look under 21 we need to verify your age) Emergency person____________

Their phone_________________emerg person’s relationship to you (mom? friend?) ______________________ Participants in the event should plan their own carpools and transportation, but in case of an emergency we’d like to know: Circle I will / will not drive / could, but I’d prefer not to/ I’m not sure at this time

If you will not drive, but have a planned ride, name your driver:___________

If you will drive: Make, model, color & license # of car you will drive_______________________

Number of people you could give /plan to give rides to __________________

If you already have plans, name the people you will give rides to_______________________

(if this changes, please let us know). The event begins and ends at Monterey. De Anza/Foothill district, and therefore the club, does not arrange carpools, so people signed up for the trip will arrange their own transportation. Because the club can’t arrange transportation you (circle yes / no ) give the club permission to give your phone number &/or e-mail to anyone associated with the trip.

Date/time you expect to leave for the trip:________________ Have you ever kayaked before? Y / N

Have you ever been in the ocean before? Y / N Do you know how to swim? Y / N

Circle to choose one: single (one person) kayak OR tandem (2 person) kayak .OR not sure yet

If you choose a tandem, who do you want to share with? anyone or ______________________

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FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT STUDENT TRAVEL

TRANSPORTATION ACKNOWLEDGEMENT AND INDEMNIFICATION

College: De Anza Course number: Outdoor Club Course title Ocean Kayak Day Trip

Destination Monterey Date – 8 a.m. Sunday, XXXX, 20XX (or if weather cancels) 8 a.m. Sunday, XXXX 20XX

I understand and accept that for good and sufficient reasons the Foothill-De Anza Community College District is not providing transportation for the field trip described above. As a consequence, I will be responsible for my own transportation whether as an individual or cooperatively with other students. I will in no respect rely on the instructor or other District employees for direction or supervision of my transportation.

Consistent with this acknowledgement, I will indemnify and hold harmless the Foothill-De Anza Community College District, its Board of Trustees, the individual members thereof, all District officers, employees and servants from all claims for money or damage arising from my transportation during this field trip.

(Initial one of the following statements)

_______ I am 18 years of age or older and I will be the participant.

_______ I am the parent or legal guardian of the Participant who is under 18 years of age to whom the above statements apply and for whose benefit I am executing this Agreement.

I have read this Acknowledgement and indemnification and understand its terms. I execute it voluntarily and with full knowledge of its significance.

Signature of Participant or Participant’s parent or legal guardian______________________

Date___________________

The trip is open to only De Anza students/staff. Therefore, people signing up will not invite non-students or try to pass off anyone as a student. Initial (not an X):___

I know that there are ***NO REFUNDS***. Interesting weather does not cancel club events unless the outfitter cancels________ If the weather is too bad to kayak in the bay on XXXX, we might decide to paddle in the harbor, or the trip will be moved to XXXX.

You will not get a refund if we cancel on XXXX and you do not attend on XXXX. Since it is time consuming to issue refunds, the club would appreciate it if you would agree, if we cancel both days, to have your payment credited towards a future trip within one year, circle: yes or no.

I agree that due to the large number of people expected to sign up for this trip, the club may not be able to call/email or contact anyone if there are changes and I might even arrive in Monterey before I learn that part or all of the trip has been cancelled or relocated_______

I understand that 10% to 30% of the group gets soaked each year, so I will bring a change of clothes, wear suitable clothing as described at the trip webpage and be sure to take car keys and things out of my pockets so I won’t lose them in the bay (initial, do not put an X) _______ I realize that there are a limited number of drybags to keep gear relatively safe, so I will grab one when I arrive. Lots of people bring binoculars or cameras, but there is some risk of getting them wet, or even losing them. _____ I agree that the advisor and or the outfitter will limit how far and how long I can kayak that day._____

The concessionaire gives a kayak lesson before we go out. I will pay complete attention to it. It will include boundaries of where we are allowed to go and important safety considerations. The concessionaire tells us to stay in the area of the kelp beds, so we won’t go too far out from shore and get in the range of ships or fishing boats going to and from the marina, or paddle too close in to shore, and have swells push us on to rocks. The Coast Guard can charge $500+ for a rescue. If you go where you’re not supposed to, and end up, for example, on the rocks or if you fall out of your kayak and can’t get back in and need a Coast Guard boat to come get you, De Anza will not pay for it, you will. If the concessionaire gives us a limited area to paddle in (sometimes only the 3/4 mile to the aquarium and no further, or just in the harbor), then people who want to get in a lot of paddling can get in a lot of visiting too, going back and forth from the front of the group to the slower paddlers at the rear. Initial here to agree to this_____

People with no experience can launch earlier than others and practice longer in the harbor. If the faculty advisor / assistants determine that you are not able paddle well enough in the harbor to be able to go out on the bay, (this has not happened on the trip yet) you will have had a short adventure and will not get a refund. ___________

I acknowledge that both the single person and tandem kayaks are narrow. People who weigh more than 225 pounds have found that they can’t find a way to sit comfortably, or in some cases, even to be able to paddle and that people with back pain issues have been unable to paddle very far and have given up shortly after starting out and I will not get a refund if I need to quit____ The kayak outfitter recommends that if you weigh over 250 pounds, you will try paddling, falling out of and climbing back into a kayak in “a controlled environment” – like the pool kayaking lesson sometimes offered yearly before trying kayaking. _______

I will wait until the entire group has launched and I will paddle with the group as we go through the harbor. (We will probably do a group photo.) Once out on the bay, I agree to stay with the group, paddling in groups of at least four kayaks near enough to each other that we can easily talk to each other. ____ I agree that this means fastest paddlers may have to wait for others, and the next-to-slowest people will have to wait for the slowest.____

We will paddle out for one hour, and return as a group within the next hour. If the group heads back early (lunch seems to be calling people), then everyone must come back in, no one can stay out by themselves. After returning with a group you are free to go out again on your own, with permission of the outfitter, but not as a club event, that is, De Anza will no longer have responsibility for you. The outfitter might not let you go out alone. At any time the outfitter may decide the wind has come up too strong, and we will have to stop our trip, or you won’t be able to go out again in the afternoon. Initial here to agree to this_____

If I arrive late and the club has checked in and paid for everyone who was on time, and is launching / has launched, I will have lost my trip payment. If I want to go out I will need to pay full price directly to the kayak outfitter, as any member of the public would, and will not be a part of the club event. _____

The rules for this may be that people who have been on the trip before or have other kayaking experience will be allowed to go as far as the outfitter allows; persons with no experience or who are in the slowest 2/3rds of the group will only be allowed to go as far as the Monterey Bay Aquarium. Sometimes you will have to paddle hard to keep the wind from pushing you where you don’t want to go. Paddling through the thicker parts of the kelp beds can be difficult. People who go beyond Point Cabrillo at the Hopkins Marine Station will find bigger swells to paddle through. I agree that if I have doubts about my strength, I will share a tandem kayak. I promise to keep paddling as necessary to keep up with the group, go at least as far as the Aquarium (about one mile) and turn around and return, even if I get sore or tired_____

After the initial launching, if someone else in my group of four kayaks falls out of their kayak I will go to their aid and get their paddle before it gets lost and help steady their kayak as they try to get in. While steadying their kayak I will not put myself in a position to be pulled into the water___

If at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the trip. If I decide to leave early and not complete the trip as planned, I assume all risks inherent in my decision to leave ________. There are sometimes lifeguards signed up for the trip. They were not hired to guard people, but will probably bring rescue equipment in case it is needed. They are here to have fun, not follow people around waiting for trouble. If someone falls off their kayak, they should be helped by other people near them. Initial here to agree to this____

Except right as we launch and land, if I find myself falling off the kayak, I will try to grab the kayak as I hit the water so I can climb back on faster ______ The Outdoor Club will NOT be responsible for getting you back into your kayak if you fall out in the ocean during the Monterey trip. YOU will be. You agree that you will not attempt to swim any distance, including back to the starting point. Initial here ____

You agree at all times not to disturb wildlife and to stay at least fifty feet (five kayak lengths) from wildlife groups. This means we have to stay that far from the rocks along shore where the seals rest and birds nest or that far from otters playing or eating out in the water. ____ Sleeping seals float at the surface and can look as though they are sick or dead. I will not disturb them by approaching closely or touching them____ If animals surface near us, or swim to, around or under us it’s okay, but when they surface near us we can’t paddle closer. I agree to not let my paddling group encircle any animals with our kayaks____ One year we had to move away because another group, that didn’t want to follow the rules, joined us where we were watching a group of otters, effectively encircling them so we had to move. (Note: There are huge fines for disturbing the animals, and the Hopkins Marine Station is known to come out on the bay and ticket people who break rules.) Any unnecessary expenditure of energy can harm a feeding or resting bird or animal. Nesting birds may fly away from the nest exposing unprotected eggs and hatchlings to the sun’s heat or predators. I agree to keep the noise down so as to not disturb nesting birds. _____ Harassment is defined as any action that may cause an animal to deviate from its normal behavior. It is illegal and can unduly stress wildlife. Other people will ignore these rules. I will have more respect than they do. ___

Initial here that you will follow these instructions and any given the day of the event by the outfitters or club advisor____

I will follow the rule that all club activity areas, including while at the concessioners and out kayaking/hiking and anywhere that smoke might drift into an activity area are non-smoking ______ I will bring a telephoto that is big enough for the photos I want and not endanger myself or others by trying to get close to animals for pictures.___ I will not photograph or videotape (includes using a GoPro) anyone on the trip without their permission___

By signing up for this trip you are agreed to all of this and know you can be kicked off the trip without a refund if you do not follow trip rules or are in defiance of the faculty advisor and can expect to be reported to the college. On one past trip a couple of guys came along who ignored this advice. They didn’t want to wear their lifejackets, and when the concessioner forced them to, they didn’t want to zip them up. They didn’t paddle with the group, and one argued about practically everything. They were both blacklisted by the concessioner from ever renting from them again, and likewise from any Outdoor Club event. In ‘98 a woman, and in ‘99 a man were blacklisted for not staying with the group, and/or not staying in the range of the kelp beds.

Print name _____________________ has received, read and agreed to all details of the trip in this agreement for the Outdoor Club ocean kayak day trip. They will follow all trip, Marine Sanctuary, concessioner and De Anza rules (including that alcohol or drug use is not allowed during college events), especially noting those new rules told to them that day._____

You can be expelled from the trip and required to leave if we determine that you are:

Unwilling or unmotivated to participate and shoulder your responsibility as a member of an expedition team, including following all trip and Marine Sanctuary rules

Posing a danger, through misconduct or unsafe practices, to yourself or others, including reckless kayak use, not staying with the group and/or approaching animals too closely

Defiant, harassing behavior, inability to control your temper or otherwise compromising the emotional safety of others

Using alcohol, drugs (including prescription medication not prescribed to you or sharing your medication)

Using tobacco products anywhere you can’t or that others must smell/breathe the fumes.

Initial here to agree to the above_________

Have you ever been suspended/dismissed from a school/college for any length of time, ranging from part of one class session to an entire quarter/semester or permanently? Yes/ NO If yes, why?

It is important you understand that there are risks. Some adventure programs say that they can guarantee your safety. The Outdoor Club does not. The risk of injury, even serious injury or death, is unavoidable in the outdoor environment in which we travel. Indeed, much of the value of an Outdoor Club adventure lies in learning how to identify hazards and adapt behavior, not only on the trip, but also for a lifetime of enjoying the outdoors. Initial______

I certify that I am fully capable of participating in this activity. Initial_____

I acknowledge that I can read this contract at the website: marydonahue.org and will not get a hardcopy of it. ________

Waiver: In consideration of being permitted to participate in any way in the field trip hereinafter called the Outdoor Club ocean kayak day trip and possible hikes at Point Lobos, I, for myself, my heirs, personal representative or assigns, do hereby release, waive, discharge, and covenant not to sue Foothill-De Anza Community College District, its Board of Trustees, the individual members thereof, all District officers, employees, volunteers and servants from liability from any and all claims including the negligence of Foothill-De Anza Community College District, its Board of Trustees, the individual members thereof, all District officers, employees, volunteers and servants, all other sponsors and supporters resulting in personal injury, accidents, or illnesses (including death) and property loss arising from, but not limited to my participation on the Outdoor Club ocean kayak day trip and possible hikes at Point Lobos Initial _______

Assumption of Risks: Participation in any Outdoor Club trip, including ocean kayak day trip and possible hikes at Point Lobos, carries with it many risks which can not be eliminated or even minimalized, even with trip rules and protocols, regardless of the care taken to avoid injuries.

The specific risks vary from one activity to another, but the risks, which I understand and appreciate, include, without limitation, by way of example:

1) trauma caused by hunger, thirst, dehydration, emotional distress, fatigue, illness, exceeding my physical or emotional capabilities

2) property damage or loss

3) risks and dangers that are impossible to know or predict,

4) risks relating to winds, fires or floods and other forces of nature; and/or weather including mild to extreme hot or cold temperatures and injuries from lightning hit or near hit, avalanche, falling ice or rock, frostbite, immersion foot, being hot, cold, wet or uncomfortable

5) risk of head or other bodily injury while swimming/boating/playing with water toys from normal handling or mishandling of the craft, varying water/weather conditions, natural and manmade obstacles, other vessels and water users, varying depth and currents, and/or falling out of or being thrown by the forces of water out of a boat/raft/water toy onto or into other vessels, docks/piers, trees, rocks or cold water, gear, rigging, cargo or other people

6) minor injuries such as scratches, bruises, sprains, sun/wind burn, animal/insect bites, allergic reactions, rashes or other poisonous plant exposure

7) risks related to hiking, walking, biking and camping including equipment failure or mis-use of equipment, blisters, getting lost, illness from unclean water or food handling, risk of head or other bodily injury from slipping/tripping/falling, (including normal terrain and/or uneven or slippery terrain, including debris, talus, snow, ice, sandy, muddy or wet surfaces), risks related to carrying/lifting packs/equipment, and if it becomes allowed in Yosemite, risks from normal handling or mishandling/storage of bear spray

8) risks relating to using campfires and camping gear, including cuts, burns, pinched fingers, bruises, smoke inhalation, carbon monoxide poisoning, equipment failure despite reasonable care and use

9) careless or reckless behavior on the part of myself or other trip members despite reasonable, but not full-time, supervision and careless or reckless behavior on the part of third parties

10) diseases such as Hantavirus or rabies

11) major injuries such as eye injury or loss of sight, broken bones, dislocations, joint or back injuries, heart attack, heat stroke, hypothermia, stroke, concussions, animal bites, poisonous snakebite, and other wildlife, natural hazards or animal encounters

12) catastrophic injuries including drowning, loss of limbs, paralysis, permanent trauma and death. Initial _______

I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the Outdoor Club ocean kayak day trip and possible hikes at Point Lobos. I hereby assert that my participation is voluntary and that I knowingly assume all such risks, including significant ones which can not be prevented. Initial _______

Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Foothill-De Anza Community College District, its Board of Trustees, the individual members thereof, all District officers, employees, volunteers and servants, all other sponsors and supporters HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in the Outdoor Club ocean kayak day trip and possible hikes at Point Lobos and to reimburse them for any such expenses incurred. Initial _____

Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of
risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Initial _______

Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent. Initial _______

If any trip participant is pregnant they must provide a note from their doctor, on the doctor’s letterhead, stating that it is completely safe for her and the baby(ies) to participate. If any trip participant has a serious condition, such as a heart condition, asthma/significant allergies they must provide a note from their doctor, on the doctor’s letterhead, stating that it is completely safe for them to participate. If any trip participant has a serious condition, such as a a bipolar disorder/anxiety disorder, substance abuse, or the like, the Outdoor Club needs to know this at least three weeks in advance of any event, so as to seek, where appropriate, a doctor’s assurance that the participant can safely participate and has possession and knowledge of use of necessary medications, and to be sure that the trip members are prepared to deal with special needs, failing which the person may have to be refused participation (subject to Americans With Disabilities Act issues, worked out in advance with De Anza Disabilities Support Programs and Services (DSPS) counselors ). I am saying that this does not apply to me _______ OR I am saying that I have _______________ condition or that I am _____ months pregnant.

Cardiac Risk Factors include (circle any/all)

• High blood pressure • Diabetes • Current or prior cardiovascular disease • High blood cholesterol/triglycerides • Smoking

• Family history of heart disease (family member who’s had a heart attack at less than 50 years of age).

A stress ECG with one month of the trip is required if you had a heart attack OR:

1. Are over 25 years old and has 2 of the above cardiac risk factors.

2. Are over 40 years old and has 1 cardiac risk factor or anyone of any age who leads a sedentary lifestyle.

4. Are any age with known coronary artery disease.

5. Completed a cardiac scan and has a calcium score greater than 10.

6. Are over the age of 60.

If this applies to me I circle any/all that do) I will provide a written note from my doctor stating the date of the stress ECG and the results and the statement from the doctor(s) that I can participate in the kayaking. _______

I agree that since De Anza is not giving the kayaking lesson, any liability is strictly the kayaking company’s. I will find and sign the kayak company release the day of the event. If a trip participant is under 18 years of age the parent/guardian agrees to make arrangements to get the kayak company release signed. __________

(Initial one of the following statements)

_______ I am 18 years of age or older and I will be the participant.

_______ I am the parent or legal guardian of the Participant who is under 18 years of age to whom the above statements apply and for whose benefit I am executing this Agreement.

I have read the above trip agreement and understand its terms. I execute it voluntarily and with full knowledge of its significance.

Signature of Participant or Participant’s parent or legal guardian______________________

Date___________________, 20XX