CONSENT, ACKNOWLEDGMENT, AND UNCONDITIONAL LIABILITY WAIVER
PLEASE READ THIS WAIVER CAREFULLY. SIGNING IT INDICATES YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO PURSUE PERSONAL INJURY NEGLIGENCE CLAIMS AGAINST THE RELEASED PARTIES. IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE HEREIN CONTAINED STIPULATIONS ASK AN ATTORNEY BEFORE SIGNING. SIGNING THIS AGREEMENT SIGNIFIES YOU UNDERSTAND AND AGREE TO THESE TERMS.
For good and valuable consideration received, I understand and agree that neither Optimal Paddle Sports, Kokopelli’s Gym Inc., Katniss Paris, Adam Pollock (as individuals, corporate shareholders, and/or officers), nor any of their respective officers, agents, employees, assistants and/or volunteers, affiliates, independent contractors as well as, and including but not limited to, any third party equipment supplier, event promotion, location owner and/or operator, or other related third-party (hereinafter referred to as “Released Parties”) shall be held liable or responsible by me in any way for any injury, death, or other damages to myself, my family, heirs or assigns that may occur directly or indirectly as a result of my participation in the above listed activity(ies) EVEN IF IT'S A RESULT OF THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES, WHETHER ACTIVE OR PASSIVE.
The staff will do everything reasonably within their power to ensure your safety. However, there are inherent risks, both known and unknown, which go with activities on and/or near the water. I hereby affirm that I am fully informed and thoroughly understand the risks involved with activities on and/or near the water which include but are not limited to paddle boarding, canoeing, outrigger canoeing, dragon boating, SUPing, surf skiing, kayaking, surfing, boating, swimming, exercise and other physical activities.
I specifically understand that the above activities have inherent risks, both known and unknown, may be dangerous, and may involve the performance of physical activities which have the possibility of causing/creating permanent physical injuries, mental injuries, and/or death. In addition, I acknowledge injuries may require immediate medical attention not readily available and I still choose to take part in these activities.
I agree to release and hold harmless the Released Parties from any and all claims, demands, damages, actions, causes of action, suits in equity of whatever kind or nature or lawsuit by myself, my family, estate, heirs or assigns, arising out of and/or during my participation, including any and all claims arising after I complete said activity(ies), EVEN IF DUE TO THE NEGLIGENCE OF THE RELEASED PARTIES.
I affirm that I have been give adequate time to consult with family, heirs, and legal counsel if I deemed necessary, and am making an informed choice to waive my rights (and those of my heirs and assigns) to legal recovery in any litigation if injured or killed. It is my specific intention to proceed with these activities based on my own choices after being apprised of the risks and fully understanding the legal release of my rights and those of my heirs to sue.
If any portion of this agreement is found by a court of competent jurisdiction for this matter to be unenforceable, all other terms and conditions shall survive and remain in full force and effect.
This is to certify, that with full knowledge and understanding, participation in any services offered is voluntary and without misrepresentation. I assume all risk associated with my participation.
I hereby acknowledge that there is no guarantee as to specific results without my commitment and ability to set and meet clear and realistic goals specific to my present physical condition, including but not limited to, my overall health, endurance, strength, athleticism, coordination, and all other attributes effecting my development. Other factors for meeting said goals include, but are not limited to, my willingness to do the work necessary to achieve said results as well as any necessary adjustments to my diet and/or lifestyle to support a consistent and healthful training program. I do hereby assume all responsibility for the results that I desire to achieve through my participation in this training program.
I agree not to participate in any activity requiring medical clearance without first receiving clearance from my personal physician. I have no known physical or mental illness or weakness that would increase the risk of injury to myself, any other participant, any instructor, staff, and/or volunteer through my participation. I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent or impair my participation in any of the activities associated with this training program. I assume all responsibility for my actions and physical conditions, including injuries, arising from my participation.
In consideration of my voluntary participation in this program I do hereby waive, release, and forever discharge, and covenant not to bring about any legal action against Optimal Paddle Sports, Kokopelli’s Gym Inc., Adam Pollock, Katniss Paris, race event organizers, location providers and/or owners and hold harmless any of their owners, officers, agents, employees, representatives, contractors and affiliates from any and all responsibility or liability for injuries or damages resulting from my participation in this training and indemnifying the above identified for any fees, cost or expenses for defense associated herein.