IN CONSIDERATION OF being permitted to participate in any way in Oregon Whitewater Association (OWA) paddle sports, river trips (including without limitation rafting, kayaking, canoeing, and/or paddle boarding), outdoor trips, site visits, trainings, and all activities related thereto (all of which shall hereafter be collectively referred to as “Activities”), I expressly agree to all the terms and conditions set forth herein. This agreement includes, without limitation, my agreement to all the waiver, release, and indemnification provisions set forth herein, including those found on page two hereof.
PARTICIPATION REQUEST: I have requested and have been granted permission to participate in the Activities. In consideration of being permitted to participate in the Activities, I hereby agree to all the terms and conditions set forth herein.
ACKNOWLEDGMENT AND COMPREHENSION OF RISK: I expressly acknowledge, agree, and represent that I understand the nature of paddle sports, Activities, and related activities (again, collectively, “Activities”). More specifically, but without limitation, I fully understand that: (a) paddle sports and Activities entail risks, both known and unknown, which could result in serious bodily injury and/or emotional injury, permanent disability, paralysis, death to myself and/or others, and/or damage to my property and/or the property of others (collectively, "Risks”); (b) Risks include, without limitation, drowning, striking objects, impacts with debris, collisions with other boats, dangerous water conditions, equipment failures, and/or the ordinary negligence of others; (c) the Risks may further be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place, trips, falls, swims, entrapments, and/or drops; and (d) there may be other risks and social and economic losses which are either not known to me or not readily foreseeable at this time. I further acknowledge and agree that Activities are not guided trips.
LACK OF TRANSPORTATION / MEDICAL CARE: OWA shall have no responsibility for my transportation and/or medical care before, during, and/or after Activities, including any method of transportation to and/or from Activities. I also understand hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable before, during, and after Activities. Therefore, OWA assumes no responsibility for providing medical care during the Activities and I will pay all costs for any medical care and/or evacuation.
PERSONAL DISCLOSURES: I am in good health. I suffer from no disability, physical condition, and/or mental condition that would make me especially susceptible to injury or disability while participating in the Activities. I am further qualified, and am in sufficient physical condition, to participate in the Activities.
VOLUNTARY PARTICIPATION: I understand and confirm that my participation in the Activities is voluntary. Said participation is based solely upon my personal opinions about the Activities. Alternatively, I acknowledge that I have consulted with my physician and/or other medical professional who has advised me that I may participate in the Activities without restrictions. My participation in the Activities is occurring despite my acknowledgement and comprehension of Risks.
COMPLIANCE AND DISCONTINUATION: I agree to comply with the stated and customary terms and conditions of participation in the Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities. If I decide to terminate my participation in the Activities early and not complete the Activities as planned, I assume all risks associated directly and indirectly with said decision.
PERSONAL RESPONSIBILITIES: I fully understand that even though OWA Activities leaders or other participants may provide guidance during Activities, I am – and shall always be – responsible for my own safety and decide what actions I take. The OWA, its members, and other Activities participants assume no responsibility for my decisions or choices while participating in the Activities.
EQUIPMENT: I am aware of or will first learn and understand the proper usage, safety policies, and precautions associated with the use of any equipment used during Activities to minimize the risk of injury or provide maximum protection from injury or death. I am aware that additional information on proper usage of equipment is available through the manufacturers of the equipment used during Activities. For purposes of this agreement, “equipment” shall include all items normally associated with the Activities.
LIMITATIONS ON INSURANCE COVERAGE / PORTAGING: I expressly represent, acknowledge, and understand that OWA’s insurance does not cover Class 4+ or higher rapids. OWA uses American Whitewater's classification of difficulty (www.americanwhitewater.org) and I will refer to American Whitewater's website when participating in Activities. OWA members, guests, and participants must portage rapids or waterfalls exceeding Class 4 during any Activities.
INDEPENDENT CONTRACTORS: I acknowledge that OWA has no control over and does not assume any responsibility for any independent contractors providing any services or access for the Activities.
ALCOHOL AND DRUGS: No alcohol, marijuana, illegal drugs, or drugs that diminish or impair your ability to safely participate in the Activities are allowed to be used before and/or during Activities, whether on or off the water.
RELEASE OF LIABILITY; LIMITATION OF DAMAGES: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless OWA and Paddlesport Risk Management LLC, together with its/their Activities leaders, trip leaders, officers, directors, board members, officials, agents, representatives, owners, participants, guests, employees, sponsors, sponsoring agencies/entities, commissions, advertisers, volunteers, coaches, instructors, independent contractors, owners and lessors of premises and equipment used in Activities, and all other persons or entities acting in any capacity on their behalf (collectively, “Releasees”) from any and all claims, demands, or causes of action, which may in any way arise out of or are connected with (a) the Activities, (b) any alleged negligent acts or omission of OWA, and/or (c) my participation in the Activities. I hereby voluntarily, forever and unconditionally release all the foregoing persons and entities from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees, including those incurred upon any appeal) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Activities, including, without limitation, any and all Claims relating to any injury, disability, death, loss, or damage to person or property, whether arising from or relating to the negligence of the releasees or otherwise.
INDEMNIFICATION: I agree to defend and indemnify OWA and Paddlesport Risk Management LLC from and against any and all Claims relating in any manner whatsoever to my participation in the Activities.
AUTHORIZED USE OF PHOTOGRAPHS AND VIDEOS: I expressly acknowledge that photographs and/or video may be (a) taken of me in my participation in and attendance at Activities, and (b) freely used by OWA without restriction, including without limitation, in the reporting of past/present/future Activities, promotion of OWA, and/or related purposes.
BINDING EFFECT: This Waiver shall be binding upon and inure to both (a) myself, and (b) my personal representatives, next of kin, heirs, beneficiaries, executors, administrators, successors and assigns. Any participant in any Activities who is not an OWA member shall be deemed a “guest” for purposes of this Agreement.
CHOICE OF LAW: I agree that the validity and enforceability of this agreement will be governed by Oregon law without regard to its conflict of law rules. Venue shall be in Multnomah County, Oregon.
SEVERABILITY AND SAVINGS: If any provision of this Agreement is declared to be invalid or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Agreement will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly. Further, this Agreement shall be broadly construed in favor of protection from liability, as participants and club members are mutually relinquishing possible claims in exchange for protection. This protection from liability extends to members, guests, and any/all participants who have signed OWA’s waiver. This Agreement shall survive an OWA’s membership termination.
COMPLETE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Agreement.
MODIFICATION: None of the provisions of this Agreement can be waived or modified except expressly in writing signed by Participant and the party against whom the waiver or modification is sought to be enforced.
ATTORNEY FEES: In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will be reimbursed for all attorney’s fees and costs incurred in the enforcement of this agreement, including upon any appeal.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THE ENTIRE DOCUMENT (INCLUDING PAGES ONE AND TWO). I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. BY CONTINUING TO PARTICIPATE IN THE ACTIVITIES I AM INDICATING MY VOLUNTARY AGREEMENT TO ALL THE PROVISIONS OF THIS WAIVER, RELEASE & INDEMNITY AGREEMENT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
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