Waiver of Liability
Consent and Release from Liability
IN CONSIDERATION of being given the opportunity to participate in any Bainbridge Island Rowing (hereinafter “BIR”) activities (“Activity or Activities”) I, for myself, my personal representatives, assigns, heirs, and next of kin:
I ACKNOWLEDGE, agree, and represent that I understand the nature of rowing activities, both on water and land based; that I am qualified, in good health, and in proper physical condition to participate in such Activity; and that I am a qualified and competent swimmer.
I FULLY UNDERSTAND that: (a) ROWING ACTIVITIES INVOLVE INHERENT RISKS AND DANGERS of communicable disease(s), serious bodily injury, including permanent disability, paralysis, and death; and property damage ("Risks); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasees named below; (c) by entering the premises and participating in rowing-related and sponsored activities that there are risks to me and to those with whom I interact of exposure, directly or indirectly, to communicable disease(s) including but not limited to the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV2)”, “COVID-19”, and/or any mutation or variation thereof; (d) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in BIR Activities.
I AGREE AND WARRANT that I will examine and inspect each Activity in which I take part as a member of BIR and that if I observe any condition, which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
I AFFIRM I will comply with the BIR policies as they relate to communicable diseases.
I HEREBY RELEASE, discharge, and covenant not to sue BIR, its officers, directors, members, volunteers, employees, and agents (hereinafter “Releasees”) from all liability, claims, demands, losses, or damages of any kind or nature which may arise out of, result from, or relate in any way to my participation in BIR Activities, including claims caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, whether on the water or off, including negligent rescue operations.
I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may occur as a result of such claim, to the fullest extent permitted by law.
By my electronic signature, I warrant that: (1) I have read this agreement and fully understand its terms and the fact that I will be giving up substantial rights; (2) I have signed this agreement freely and without inducement or assurances of any nature; (3) I intend for this to be a complete and unconditional release of all liability to the greatest extent allowed by law; (4) that if any portion of this agreement is held to be invalid, the remainder shall continue in full force and effect; and (5) I understand that the terms of this release are unlimited in duration and cover any and all BIR Activities that I participate in now and at any time in the future.