27-101-902. Definitions.

27-101-902. Definitions. As used in this subchapter: (1) “Canoe” means a watercraft that has an open top and is designed to hold one (1) or more participants; (2) “Canoeing, rafting, kayaking, or tubing” means riding, training, using, paddling, or being a passenger in or on a canoe, kayak, raft, or tube, including a person assisting a participant; (3) “Equipment” means an accessory to a watercraft that is used for propulsion, safety, comfort, or convenience, including without limitation paddles, oars, and personal flotation devices; (4) “Inherent risk of paddlesport activity” means the dangers, hazards, or conditions that are an integral part of paddlesport activities in the free-flowing streams or rivers of this state, including without limitation: (A) A risk typically associated with watercraft, including change in water flow or current, submerged, semisubmerged, and overhanging objects, capsizing, swamping, or sinking of watercraft and resultant injury, hypothermia, or drowning; (B) Cold weather- or heat-related injuries and illnesses, including hypothermia, frostbite, heat exhaustion, heat stroke, and dehydration; (C) An act of nature, including without limitation rock fall, inclement weather, thunder and lightning, severe or varied temperature, weather conditions, winds, and tornadoes; (D) Operator error or equipment failure due to operator error; (E) Attack or bite by an animal; (F) The aggravation of an injury or illness because the injury or illness occurred in a remote place where medical facilities are not available; and (G) Nothing in this subsection is intended to circumvent an outfitter's duty to provide safe equipment and watercraft; (5) “Kayak” means a watercraft similar to a canoe with a covered top that may have more than one (1) circular opening to hold participants or is designed to permit a participant to sit on top of an enclosed formed seat; (6) “Outfitter” means an individual, group, club, partnership, corporation, or business entity, whether or not operating for profit, or an employee or authorized agent, which sponsors, organizes, rents, or provides to the public the use of a watercraft by a participant in a free-flowing stream or river in this state; (7) “Paddlesport activity” means canoeing, rafting, kayaking, or tubing in or on a watercraft as a: (A) Competition, exercise, or undertaking that involves a watercraft; (B) Training or teaching activity; or (C) Ride, trip, tour, or other activity, however informal or impromptu, whether or not a fee is paid, or guided or not, that is sponsored by an outfitter; (8) “Participant” means a person, whether amateur or professional, whether or not a fee is paid, who rents, leases, or uses watercraft or is a passenger on a rented, leased, or used watercraft participating in a paddlesport activity; (9) “Raft” means an inflatable watercraft that has an open top and is designed to hold one (1) or more participants; (10) “Tube” means an inflatable tire inner tube or similar inflatable watercraft that has an open top capable of holding one (1) or more participants; and (11) “Watercraft” means a canoe, kayak, raft, or tube propelled by the use of paddles, oars, hands, poles, or other nonmechanical or nonmotorized means of propulsion.