BIR Informed Consent and Acknowledgement
IN CONSIDERATION of being given the opportunity to participate in any Bainbridge Island Rowing (hereinafter “BIR”) activities (“Activities”) I, for myself, my personal representatives, assigns, heirs, and next of kin:
ACKNOWLEDGE, agree, and represent that I understand the nature of rowing activities, both on water and land based; that I am qualified, in good health, and in proper physical condition to participate in such Activity; and that I am a qualified and competent swimmer.
FULLY UNDERSTAND that: (a) ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death and property damage ("Risks); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasees named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.
AGREE AND WARRANT that I will examine and inspect each Activity in which I take part as a member of BIR 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 Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
HEREBY RELEASE, discharge, and covenant not to sue BIR, its officers, directors, members, volunteers, employees, or agents (hereinafter “Releasees”) from all liability, claims, demands, losses, or damages caused or alleged to be caused in whole or in part by the negligence or other alleged wrongful act or omission on the part of the Releasees, including BUT NOT LIMITED TO negligence in the operation, supervision, or maintenance of equipment and premises, and equipment failure, whether on the water of off.
I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, 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, damage, or cost which any may occur as a result of such claim.
By my electronic signature, I warrant that: 1) I have read this agreement and fully understand its terms and the fact that I will be giving up substantial rights; 2) I have signed this agreement freely and without inducement or assurances of any nature; 3) I intend for this to be a complete and unconditional release of all liability to the greatest extent allowed by law; 4) that any portion of this agreement is held to be invalid, the remainder shall continue in full force and effect; and 5) that this waiver cannot be revoked except in writing presented to an officer of BIR and that such written revocation shall apply only to incidents giving rise to claims which occur after the date of receipt by the officer.