In consideration of being permitted to participate in tubing, water skiing, wake boarding, knee boarding, or any other related activities that involve riding in or being towed behind a ski boat (“Boating Activities”) owned and operated by Daron L. Janis of Peterborough, NH (“Boat Owner”) as part of the Young Women’s Camp of the Nashua, New Hampshire Stake (“Camp”), the undersigned parent or guardian (“Undersigned”), acting on behalf of the youth participant named below (“Youth”), agrees to the following:
1. The Undersigned and the Youth fully understand that (a) Boating Activities involve risk and danger of serious and non-serious bodily injury, including, but not limited to, bumps, cuts, bruises, broken bones, whiplash, permanent disability, paralysis, and death (“Foreseeable Risks”); (b) these risks and dangers may be caused by the Youth’s own actions or inactions, the actions or inactions of other participating in the Boating Activities, the conditions in which the Boating Activities take place, or the negligence of the Boat Owner or Camp staff or volunteers; and (c) there may be other risks and social and economic losses either not known or not readily foreseeable at this time to me or the Youth (“Non-Foreseeable Risks”). The Undersigned agrees, represents, and warrants that the Youth is qualified, in good health, and in proper physical condition to participate in Boating Activities at Camp;
2. The Undersigned acknowledges that the Youth will be under adult supervision by Camp staff, that the Boat Owner is not responsible for the conduct and behavior of the Youth, and that any first aid or medical care is the responsibility of Camp staff. The Undersigned grants the Boat Owner and Camp staff or volunteers permission to take whatever actions they deem necessary to assist the Youth during Boating Activities at Camp in the case of an emergency or unsafe situation, and to act immediately to preserve the safety of the Youth. This may include terminating Boating Activities or momentary touching of the Youth;
3. The Undersigned fully accepts and assumes all Foreseeable Risks and Non-Foreseeable Risks associated with the Youth’s participation in Boating Activities at Camp, and fully accepts and assumes all responsibility for losses, costs, damages, and attorney’s fees that may be incurred as a result of the Youth’s participation in Boating Activities at Camp. The Undersigned and his/her executors, administrators, assignees, or heirs (collectively, “Releasors”), further agree to release, waive all liability against, indemnify, hold harmless, and defend the Boat Owner and Camp employees, directors, officers, agents, and volunteers (collectively, “Releasees”), from any and all fault, liabilities, costs, expenses, losses, damages, claims, demands, or lawsuits of any kind arising out of, related to, or connected with the Youth’s participation in Boating Activities at Camp. The Releasors further agree that if, despite this release, waiver of liability, assumption of risk, and indemnity agreement, any claim, demand, or lawsuit arises or is asserted by a Releasor, or by anyone on a Releasor’s or the Youth’s behalf, that in any way whatsoever is related to the Youth’s participation in Boating Activities at Camp, whether arising under the laws of the United States or of any State, or under the theory of law or equity, the Releasors will indemnify, hold harmless, and defend the Releasees from any and all costs, expenses, or liability including, but not limited to, the cost of any settlement or judgment made or rendered against a Releasee, whether individually, jointly, or severally, together with all costs of court and other costs or expenses incurred in connection with any such claim, demand, or lawsuit, including attorney’s fees.
THE UNDERSIGNED HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAS SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTENDS IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.