Sounds like an old legend doesn’t it? Two giants battle to the finish along a wild and windswept coast. Well, sort of … GOMEX is the nickname given to the Gulf of Maine Expedition, and Gustav was a hurricane. A tale of man versus the elements, with a modern twist.
A stack of towering dolomite soared above my kayak as I paddled the jade green water lapping at its base. Mellow light bathed the flowerpot as the sun sank lower in the western sky, almost obscured by the lofty cliff, which is part of the Niagara escarpment, snaking its way sinuously to Flowerpot Island in the Georgian Bay.
June 1, 2002, the wind howled sending strong gusts slashing the waters of Mooney’s Bay, Rideau River. My heart thumped as my husband gave me a shove and I slid across the choppy water in my 12-ft. Sun Flight kayak. My Rideau Canal journey had begun, an 11-day paddle from Hog’s Back lock station, Ottawa, to Portsmouth Marina, Kingston, a distance of 190 kilometres.
We have driven down the monotonous stretch of the I-95 south of Richmond, Virginia. Miles of straight blacktop, except when it’s silver grey concrete streaked with long black rubber skid marks that end with no explanation, not even a shard of glass. It was late in April when we came south, and by mid-morning it was already hot on the Carolina coastal plain. Large billboards pushing fireworks and towel outlets flicked by. The carcasses of dead truck tires lay in twists on the highway’s shoulder, mile after mile. Like the rest of the endless traffic we ran along at a respectable 10 mph above the limit. From time to time I checked breaks in the roadside tree cover for the cars of lurking state troopers or glanced up through the windshield at the rope securing the prow of the kayak on the car roof. For over 800 miles neither gave us any trouble.
Huge flocks of floating guillemots speckled the water…
by Wendy Killoran
I had anticipated this moment for several months, camped at Hornvik’s sweeping beach with an expansive view of craggy Hornbjarg rising majestically half a kilometre straight from the ocean. My paddling companions, six Icelandic men (Baldur Petursson, Gummi Breiddal, Petur Hilmursson, Sveinbjorn Kristjansson, Eythor Pall Hauksson and Halldor Sveinbjornsson), were busy with meal preparations. A soft light filled the sky, even though it was midnight. It was early July and the sun never sets during June and July in the Westfjords of Iceland.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement") BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR BREACH OF CONTRACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
DEFINITION
In this Release Agreement, the term Sea Kayaking Activities shall include but is not limited to: all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall including moving water, still water, lake and ocean kayaking; loan or rental of kayaks (hereinafter "the boats") and other equipment; orientational and instructional courses, seminars and sessions; all travel, transportation, and accommodation; food, beverage including water supply, use of equipment, and multi-day camping or overnight stays in the outdoors.
In this Release Agreement, the term "Negligence" includes the failure by the Releasees to use such care as a reasonably prudent and careful guide, instructor, trip organizer or sea kayaking operator would use under similar circumstances, or breach of any other duty of care imposed by law.
ASSUMPTION OF RISKS
Participation in Sea Kayaking Activities involves various risks, dangers and hazards including the risk of serious injury, paralysis or death. Sea Kayaking Activities often take place in remote wilderness locations, where assistance, medical and first aid services and evacuation may not be readily available, and communication may be difficult or not possible. The risks, dangers and hazards that may be encountered include, but are not limited to: accidents which occur during transportation or travel to and from the departure point; slips and falls while getting into or out of the boats; overturning of the boats; loss of balance; impact or collision with objects; cold water immersion; repetitive strain injuries; dislocated shoulders; hypothermia; drowning; changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SEA KAYAKING ACTIVITIES.
Please refer to the GLSKA Risk Management Strategy section of their website for further information regarding the risks, dangers and hazards that may be encountered during Sea Kayaking Activities.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement") BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR BREACH OF CONTRACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN SEA KAYAKING ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in Sea Kayaking Activities as defined in this Release Agreement, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expenseor injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in Sea Kayaking Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SEA KAYAKING ACTIVITIES REFERRED TO ABOVE;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Sea Kayaking Activities;
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the courts of Ontario.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Sea Kayaking Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT, AND I AM AWARE THAT BY ACCEPTING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.