In consideration of your acceptance of this entry. I hereby, for myself, my heirs, my executors, and administrators waive any rights and claims for damages I may have against the sponsors, coordinating groups, and any individuals associated with the Shamrock Quest event hosted by Aviva Health, their representatives, successors and assigns and will hold them harmless for any and all injuries suffered in connection with said event. Also, none of the above are responsible for the loss of personal items or any other form of aggravation in connection with said event. I have been warned that I must be in good health to participate in this event. In filling out this form, I acknowledge that I am an amateur in such events. I also give permission for the free use of my name and picture in any broadcast, telecast, or print media account of this event. In filling out this form, I acknowledge that I have read and fully understand my own liability and do accept the restrictions.
Thundering Water WOW Truck
Full Assumption of Risk and Release of Liability Related to Participation in Activities Form
READ CAREFULLY BEFORE SIGNING. THIS FULL RELEASE IS AN ENFORCEABLE
CONTRACT BETWEEN YOU AND THUNDERING WATER, AN OREGON NONPROFIT
CORPORATION WITH 501(c)(3) STATUS. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. THIS FULL RELEASE COVERS ALL ACTIVITIES YOU PARTICIPATE IN FROM THE DATE YOU SIGN BELOW.
In consideration of being allowed to learn from and participate in any of the activities or programs (collectively “Activities”) sponsored by Thundering Water, you acknowledge and agree as follows:
I. POTENTIAL RISKS.
Participation in Activities involves risks. It is not possible to compile a
complete listing of the risks. However, they include the possibility that you may suffer serious, even fatal, injury or illness. By signing this form, you acknowledge that you understand that there could be dangers involved in the Activities you will be participating in, including, but not limited to:
● Minor injuries such as scratches, bruises, and sprains,
● Major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, broken
bones, muscle strains, concussions, and traumatic brain injuries,
● Insect bites, parasites, and other diseases,
● Catastrophic injuries including paralysis and death,
● Contracting COVID-19 and/or other dangerous viruses.
Riding on a bike pump track carries unique additional risks, including but not limited to:
● Injury from falling off the track,
● Severe scrapes, lacerations, and other skin injuries,
● Brain injuries from falls or collisions.
Using an inflatable non-belayed, ropeless bouldering wall also carries unique additional risks,
including but not limited to:
● Injury from falling,
● Broken bones,
● Sprained bones and muscles,
● Torn muscles,
● Concussion,
● Serious and traumatic brain injury,
● Laceration, scrapes, and other skin injuries.
II. YOU ASSUME ALL RISKS.
You acknowledge that you voluntarily, knowingly, and freely assume, and take full responsibility for all risks, known and unknown, related to your participation in
Activities, and you further acknowledge that you are entirely responsible for deciding whether to participate in any Activities with Thundering Water and for deciding in which Activities you can safely participate. Users of the bike pump track further attest that they have proficient skills and knowledge sufficient to safely participate in bike pump track activities.
Users of the inflatable bouldering wall attest that they have proficient skills and knowledge sufficient to participate in bouldering activities. Users of the inflatable bouldering wall also acknowledge that they voluntarily, knowingly, and freely assume, in keeping with the activity of bouldering, all risks associated with climbing without ropes and associated belay.
III. YOU RELEASE ALL CLAIMS AGAINST THUNDERING WATER AND THE PERSONS
LISTED IN PARAGRAPH IV.
You hereby agree for yourself and for your heirs, relatives, representatives, estate, agents, and assigns, that you will not hold liable Thundering Water, or any of the
persons listed in Paragraph IV below, and that you will waive and release any claims, demands, or actions against them, for any damages to, or loss of, your property, or for your injury or death, which results from or arises in connection with any of the Activities of Thundering Water including as a result of negligence
by Thundering Water or any of the persons listed in Paragraph IV other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct. You understand that this waiver includes a waiver of liability for acts of negligence. In addition, you agree to indemnify Thundering Water the persons listed in Paragraph IV for any claims made against them, on your behalf or
otherwise, as a result of any damage to, or loss of, your property or as a result of your injury or death resulting from or arising in connection with the Activities of Thundering Water including as a result of negligence by Thundering Water or any of the persons listed in Paragraph IV other than that which occurs as a result of gross negligence, wanton or willful misconduct, or reckless or intentional conduct. In
addition, persons listed in Paragraph IV shall not be liable for any injury or loss that occurs while traveling to or from Thundering Water Activities, or from place to place during Thundering Water Activities, whether by Thundering Water’s vehicle, your vehicle, or another participant’s vehicle, including as a result of negligence by Thundering Water or any of the persons listed in Paragraph IV other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct.
IV. THE FOLLOWING ORGANIZATIONS AND PERSONS ARE COVERED BY THIS
FULL RELEASE. The persons and organizations covered by this Full Release include: Thundering Water and its directors, officers, members, staff, employees, volunteers, agents and representatives, and any others who participate in the Activities of Thundering Water, or who volunteer for, or perform work for, Thundering Water.
V. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY PARTICIPANT WHO IS
YOUNGER THAN 18 (“CHILD”), YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS
ON BEHALF OF YOUR CHILD.
If you are the parent or legal guardian of a Child, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS on behalf of your Child and your Child’s heirs, assigns,
personal representatives, and next of kin in the same way and to the same extent as you do for yourself in this Full Release. Further, wherever the terms “I,” “me,” “my,” “myself,” “you,” or “your,” are used in this Full Release, those terms shall be interpreted to cover the Child participant for whom you are signing.
VI. IF YOU CAUSE DAMAGE TO ANY ACTIVITY SITE, YOU AGREE TO PAY FOR ITS
REPAIR. If you cause damage to the Activity site (including damage to a building structure, equipment, or natural features such as trees and slopes), regardless of what entity or individual owns the Activity site, you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include court costs and
attorneys’ fees.
VII. SUFFICIENT REVIEW. By signing this Release, you attest that you have had sufficient time to read this entire document and consult with legal counsel prior to signing, should you choose to. You understand that this activity may not be made available to you if you choose not to sign this Release.
VIII. SEVERABILITY. If any provision of this Full Release, or the application of a provision to any person or circumstance, is held invalid, the remainder of this Full Release, or the application of that provision to other persons or circumstances, must not be affected thereby.
IX. GOVERNING LAW. This Full Release shall be interpreted according to the laws of the State of Oregon, and the parties’ consent to the personal jurisdiction of the Douglas County Circuit Court in the State of Oregon. Nothing in this article shall preclude the parties from attempting to resolve conflicts through mediation or arbitration.
THIS FULL RELEASE IS INTENDED TO PROTECT THE PARTIES IN PARAGRAPH IV
FROM LIABILITY FOR INJURIES TO YOU, YOUR CHILDREN, AND YOUR PROPERTY TO
THE MAXIMUM EXTENT ALLOWED BY OREGON LAW.
The undersigned has/have read this Full Release and understand its terms. This Full Release is executed freely and voluntarily, with full understanding that the undersigned is/are giving up substantial legal rights.