WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of participating in North Palm Beach Rowing Club, Inc. training, rowing and activities, I, for myself, my personal representatives, assigns, heirs, and next of kin acknowledge and agree to the terms of this Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement (this “Agreement”) as set forth below:
1. I certify and represent to The Club that I understand the nature of rowing and paddling activities, both on water and land based (collectively, the “Rowing Activities”), and that I am qualified, in good health, and in proper physical condition to participate in the Activities and have the ability to swim at least 50 yards and to tread water in typical rowing attire for at least 5 minutes.
2. I UNDERSTAND that: (a) ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b) these Risks may be caused by my own actions, or inactions, the actions or inactions of others participating in the Rowing Activities, the condition in which the Rowing Activities take place, the actions or inactions of others not participating in the Rowing Activities, or the negligence of the Releasees named below; and (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I further acknowledge that one of the greatest risks of rowing on the intracoastal is the danger of motorboat collision or capsizing from motorboat wakes. I FULLY ACCEPT AND ASSUME ALL OF THE RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES that I incur as a result of my participation in the Activities.
3. I PROMISE to examine and inspect each of the Rowing Activities in which I take part and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Rowing Activities and will refuse to take part in the Activities until the condition has been corrected to my satisfaction; I understand that my assessment of a condition as unacceptable or hazardous does not constitute a concession by the Club of the same and in the event that the Club finds the condition acceptable, I may elect to not participate in the Rowing Activity.
4. I HEREBY RELEASE AND FOREVER DISCHARGE, AND I COVENANT NOT TO SUE, THE North Palm Beach Rowing Club, US ROWING, AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES ON WHICH ROWING ACTIVITIES TAKE PLACE, PALM BEACH COUNTY, MEMBERS, ADMINISTRATORS, DIRECTORS, OFFICERS, COACHES, VOLUNTEERS, EMPLOYEES, AGENTS, AND/OR OTHER PARTICIPANTS IN ROWING ACTIVITIES (EACH A “RELEASEE”) FROM ALL LIABILITY, CAUSES OF ACTION, CLAIMS, DEMANDS, SUITS OF ANY KIND WHATSOEVER, LOSSES, AND/OR DAMAGES ON MY ACCOUNT, WHICH ARE CAUSED OR SAID TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF A RELEASEE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENT RESCUE OPERATIONS. I FURTHER AGREE THAT IF, DESPITE MY ACKNOWLEDGEMENT OF AND AGREEMENT TO THIS AGREEMENT AND THE TERMS OF THE RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD EACH OF THE RELEASEES HARMLESS FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, LIABILITY, CLAIM, DEMAND, DAMAGE, AND/OR COST WHICH ANY RELEASEE MY INCUR AS THE RESULT OF SUCH CLAIM.
5. I UNDERSTAND that it is my responsibility to secure and safeguard my personal property and that the North Palm Beach Rowing Club assumes no responsibility for my personal property.
6. I HEREBY AUTHORIZE, in the event that I sustain injury or illness while participating in any way in Rowing Activities, the administration of any first aid, medication, medical treatment, or surgery for myself which is deemed necessary by licensed medical personnel. I also give my permission for attending medical personnel: (i) to execute on my behalf any authorization, consent form or any other medical documents necessary for my receipt of such medical services; and (ii) to act on my behalf if I am not immediately able or available to do so.
7. I HEREBY CONSENT, without compensation to me, to allow my (or my minor child’s) picture, voice, and/or likeness to appear in any NPBRC-authorized documentary, promotional, television, radio, or film coverage of Rowing Activities in any manner incidental to my (or my minor child’s) participation in Rowing Activities or social activities with The Club. I understand and expressly consent to allow (without further permission or without any compensation to me), references to me or my likeness (or my minor child’s) and pictures, photos and videos which have captured me and/or my voice and/or my likeness (or my minor child’s), to be used by The Club in any type of promotional or informative media, including but not limited to the following: blogs, newspapers, donor solicitation materials, newsletters, sponsor advertising, and all social media (for example Facebook, Instagram, Snapchat, NPBRC website or its blog or online newsletter, TeamApp, online news organizations and websites either related to Rowing or The Club’s sponsors) .
8. I AGREE to abide by the rules and regulations, and the policies and procedures of the North Palm Beach Rowing Club. I further agree to indemnify the North Palm Beach Rowing Club, its coaches, members, administrators, directors, agents, officers, volunteers, representatives and other participants, and hold them harmless from, any property damage or loss relating to, or resulting from, my use (or resulting from use by my guests and/or invitees) of: (i) the building, space and other facilities used for Rowing Activities, and/or (ii) equipment owned by the North Palm Beach Rowing Club or otherwise, which is used for Rowing Activities. I acknowledge and agree that I am liable for any and all damage, beyond normal wear and tear, to property owned by the Club or otherwise, which is used for Rowing Activities, which damage occurs while I am (or my guests and/or invitees are) using such property.