This is a legally-binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, “Release”) made voluntarily by me, and on behalf of my heirs, personal representatives, assigns, next of kin and anyone else who might claim or sue on my behalf (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parent or guardian, if Releasor is under 18 years of age) to the Riverside Boat Club (“RBC”).
IN CONSIDERATION of and in return for the opportunity to participate in any RBC scheduled, unscheduled, supervised and unsupervised rowing or rowing-related or membership activities, including regattas or races of any kind; and
IN CONSIDERATION of and in return for the opportunity to use RBC equipment, services, facilities and other assistance provided to me by RBC, including but not limited to rowing shells, oars, launches, motors, exercise equipment, locker rooms, trailers, boat racks, docks, ramps, etc.
I ACKNOWLEDGE, agree and represent that I am qualified, in good health and in proper physical condition to participate in such Rowing and Membership Activities as described above.
I FULLY UNDERSTAND that (a) there are dangers and risks to which I may be exposed by participating in Rowing and Membership Activities, both on water and land based, supervised and unsupervised, and which extend to work parties and the use of equipment, services, facilities and other assistance provided to me by RBC (collectively, “Activities” and individually, “Activity”); (b) that such Activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, including death by drowning (“Risks”); (c) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others, the condition in which the Activities take place or the negligence of the Releasee named below; and (d) there may be other risks and social and economic losses inherent in such Activities either not known to me or not readily foreseeable at this time.
I UNDERSTAND AND ACKNOWLEDGE that RBC does not require me to participate in any Activities, but that I want to do so, despite the possible dangers and risks, and despite this Release.
WITH INFORMED CONSENT I VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participating in any Activities.
I AGREE AND WARRANT that I will examine and inspect each Activity in which I take part as a member, competitor, spectator or guest of RBC and that, if I observe any condition which I consider to be unacceptable hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction; and
I AGREE AND WARRANT that I will inspect all equipment, services and facilities before using it and take full responsibility for ensuring that the equipment, service and/or facility is in good working order and safe to use. I further understand that I am responsible for damage to club equipment (intentional and unintentional) not otherwise caused by normal wear and tear. I have read the RBC Handbook and agree to abide by the rules and policies stated therein.
I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE RBC, its directors, officers, trustees, coaches, legal representatives, volunteers, employees, agents, administrators, assigns and contractors and other participating regatta organizers, any sponsors, advertisers, and if applicable, owners and leaseholder(s) of the premises on which the Activity takes place (each considered one of the “Releasees” herein) from any and all liabilities, claims, demands, losses or damages of every name and nature whatsoever, whenever occurring, whether known or unknown, at law or in equity, that I may suffer at any time arising or in connection with the Activity, caused at whole or alleged to be caused in whole or in part by the negligence of the Releasee, including negligent rescue operations; and I further agree that if, despite this Release, Waiver, Discharge and Covenant Not to Sue, I or anyone on my behalf makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, demand, damage or cost which any Releasee may incur as a result of such claim, to the fullest extent permitted by law.
I have read this entire agreement. I fully understand all of its terms, and I acknowledge that I have had the opportunity to review this Release with an attorney of my choosing if I so desire, and I agree to be bound by its terms. I understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
THIS IS A RELEASE OF YOUR RIGHTS. READ CAREFULLY AND UNDERSTAND BEFORE SIGNING.