This is a contract with legal consequences and must be read carefully and signed by all participants team captains, and parents/guardians of any such participants under 18 years of age.
I, in consideration of my acceptance as a participant and of the benefits to be derived from participation in the Texas Water Safari, hereby freely agree to and make the following contractual representation and agreements.
I fully realize the dangers of participating in a canoe race and fully assume all risks associated with such participation including: the dangers of collision with other objects or other racers, the dangers of drowning, and those arising from river conditions, equipment failure, inadequate safety equipment, weather conditions, and the possibility of serious physical and/or mental illness, trauma or injury associated with an ultra-marathon event of this type. I have read and understand the rules and guidelines of the Texas Water Safari and agree to abide by them.
I hereby waive, release, and indemnify and discharge on behalf of myself and my heirs, executors, administrators, legal representatives, assigns, and successors in interest (hereinafter collectively, “successors”) any and all rights, claims, or actions which I may have or which may hereafter accrue against the sponsors of this event, the Texas Water Safari Corporation, Paddlesport Risk Management, LLC; The Meadows Center, and all of their directors, members, trustees, sponsors, officers, employees, agents, volunteers, or any other persons associated (hereafter collectively "Releasees"; with this event, for any and all damages which may be sustained by me, directly or indirectly, in connection with or arising out of my participation in or association with the event, or travel to or return from the event.
I agree it is my sole responsibility to be familiar with the race course (or, in the case of bank participants, the local roads and highways), I understand and agree that conditions may occur during the race that are beyond anyone’s control, and I assume full responsibility for my own safety. I accept responsibility for the condition of all equipment I may use, and for my own physical and mental condition. I have no physical or medical conditions which, to my knowledge, would endanger myself or others if I participate in this event.
I agree, for myself and successors, that the above representations are contractually binding and are not mere recitals, and that should I or my successors assert my claim in contravention of this agreement, I or my successors shall be liable for the expense (including legal fees) incurred by the other party or parties in defending, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. I also agree to waive reliance on any representation made to me by any representative of the Texas Water Safari. The agreement may not be modified orally, and a waiver or the illegality of any provision shall not void the entire agreement, but only those sections, and shall not be construed as a modification.
ADDITIONAL SAFETY CONSIDERATIONS
To all racers and team captains:
The Texas Water Safari is a long, grueling race that is extremely demanding, both physically and mentally. Entrants are encouraged to consult a physician to ensure that they are in good health and can withstand the rigors that participation entails. The physical demands of the race, combined with sleep deprivation, heat, dehydration and exhaustion, often cause participants to become disoriented. Amnesia, hallucinations and other debilitating conditions are not uncommon. Such effects can impair judgment, a condition especially dangerous for a solo paddler.
Coast Guard approved life jackets are required for all participants. In addition to having these devices in the boat, participants are strongly urged to wear them. Weak or non-swimmers should wear them at all times. A life jacket should be worn in white water (or other hazardous river conditions), at night, in open water and whenever a paddler is incapacitated, disoriented or in danger of becoming incapacitated or disoriented. Participants should consider carrying a knife, safely mounted in a sheath, attached to clothing or life jacket, to free clothing caught in trot lines, other cordage, or in obstructions.
Moving water, even under normal conditions, involves certain inherent dangers. A person in a boat may be struck by overhead branches or man-made objects. A boat may strike a stationary object causing injury. A person in the water may be pulled under, especially if not wearing a Coast Guard approved life jacket. He/she might be pinned against tree limbs or trunks or rocks, possibly between his/her canoe and such obstructions. Boats and swimmers can be swept over dams and into recirculating currents. Even slow-moving water has tremendous force. All participants are strongly urged to be familiar with the sport of canoeing and with their craft and equipment. Participants should use only craft which they can safely control and should prepare themselves by reading, practicing and taking lessons from qualified instructors. Participants should become familiar with the racecourse and know the locations of all rapids, dams and obstructions. The fact that the Texas Water Safari has a novice division should not be interpreted to mean that this is a race for people who have not previously learned to canoe.
Most participants travel at night. To be competitive, you must travel at night. You should be aware that night travel on moving water adds to the potential hazards. Lights should be in good working condition and of sufficient power to light the river in front of you. Proceed at night only if you are confident you can handle what is ahead.
The effects of heat can be extremely debilitating, resulting in temporary disorientation and discomfort or even in death. Take heat exhaustion and heat stroke seriously. Become familiar with the causes and effects and learn to recognize them. Dress in light- colored clothing that dissipates heat and “breathes”. Use water or ice to cool the body and, most importantly, the head. If you feel heat exhaustion or stroke coming on, stop and take care of the problem. Drink plenty of liquids and avoid becoming dehydrated. Drink on schedule and before you feel thirsty. Eat regularly, as failure to eat can enhance exhaustion and disorientation.
Animal hazards can be a factor. So far, there has been no documented attack by alligators or sharks in the 50+ year history of the race. However, there are alligators, mostly below Swinging Bridge (Bloomington), and some are quite large. There are also sharks in the bay. There have been cases of racers stepping on stingrays in the bay and there have been snake bites. Participants should be especially careful during portages and when passing beneath overhanging vegetation. Snakes are especially active at night. A snake bite kit is mandatory equipment. Because there is controversy over the effectiveness of snake bit kits, even among medical experts, the type is left up to the participants. Various methods are discussed at the seminar, but if in doubt, consult a physician. Wasp and fire ant bites are quite common; people subject to allergic reaction to these insects should take the necessary precautions.
Team captains should also be aware of all the possibilities described in this narrative and in other Texas Water Safari publications. Driving times should be planned to allow as much sleep as possible and captains or their companions should not drive while exhausted, ill, disoriented, or under the effects of any mood-altering substance not approved by a physician. Take the same precautions recommended for racers. Snakes, moving water, heat and other hazards don’t distinguish between racers and team captains.
There is danger in all outdoor sports, but there are wonderful benefits to be gained. There is a fine line between “gutting it out” and pushing on in the face of pain on the one hand, and failing to recognize the danger signs on the other. This race is not for everyone, the best you can do (what we have all done in the past) is talk to other racers, enter races of shorter duration and gain experience. Everyone, especially the first-time participant, is strongly urged to attend the free seminar described in the brochure. Also be certain to read the entire TWS rules and guidelines. Race officials, team captains and partners not withstanding, you are in the best position to recognize where the fine line is. There is no disgrace in pulling over to rest for awhile. Some of the top finishers have done so and some of the best racers in Safari history have been forced to drop out. But, when you finish, you will find, as former recorder-holder John Bugge has repeatedly said, that you are a different person...for life.
I also acknowledge that photographs and video may be taken of me in my participation in, and attendance at this event, and hereby freely agree to allow without restriction all uses of such photos and videos in the reporting of these activities, and/or in the promotion of this event, its location, other sporting events, sport in general, and/or related purposes.
By signing below I acknowledge that I HAVE READ THIS RELEASE OF LIABILITY, INDEMNIFICATION AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY.