IN CONSIDERATION OF the risk of injury that exists while participating in the Open Boat National Slalom Races (thereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same, I hereby for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively ”Releasor”, “I”, or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age, knowingly and voluntarily enter into the Wiver and Release of Liability and hereby waive any and all rights and claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge Thomas D’Amour and Northern Waters Outfitters located at 29 Upton Road, Errol, New Hampshire 03579, their affiliates, managers, members, agents, attorneys, staff, volunteers, their representatives, predecessors, successors, and assigns (collectively “Releases” from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY, AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATION IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, PARALYSIS, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING ECONOMIC OR EMOTIONAL LOSS, AND DEATH). I UNDERSTAND THAT THESE INJURIES OR PROBLEMS THAT ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM RELATED ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME FOR MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that releases are not responsible for errors, omissions, acts or failure to act of any party or entity conducting a specific event or activity on behalf of releasees. In the event that I should require medical care or treatment I authorize Thomas D’Amour and Northern Waters Outfitters, deemed necessary and, including but not limited to, first aid, CPR, the use of AED's, emergency medical transport, and sharing of medical information with medical personnel. I further agreed to assume all costs involved and agree to be financially responsible for the costs that occurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the activity unless I am fit and properly trained and I agree to abide by the decisions of Thomas D’Amore and Northern Waters Outfitters agents regarding my approval to participate in the activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREED TO RELEASE AND DISCHARGE THOMAS D’AMORE AND NORTHERN WATERS OUTFITS AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS AGENTS, ASSIGNS AND VOLUNTEERS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THOMAS D’AMORE AND NORTHERN WATERS OUTFITTERS FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence this release is also for such negligence on the part of Thomas D;Amour and Northern Waters Outfitters its agents and employees
I agree that this release shall be governed for all purposes by New Hampshire law without regard to any conflict of law principles. This release supersedes any and all previous oral or written promises or any other agreements.
In the event that any damage to equipment or facilities occur as a result of me or my families or my agent’s neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER and release of liability shall remain in effect for the duration of my participation in the activity during this initial and all subsequent events of participation.
THIS AGREEMENT was entered into at arms length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength both participant
________________________ and Tomas D;Amour and Northern Waters Outfitters agree that this agreement is clear and unambiguous as to its terms and that no other shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purpose for which it is entered into
In the event that any provision contained within the release of liability shall be deemed to be severable or invalid or if any term, condition, phrase or portion of this screening shall be determined to be unlawful or otherwise unenforceable the remainder of this agreement shall remain in full force and effect if a court should find that any provision of this agreement be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable then said provision shall be deemed to be written, construed and enforced as so limited.