BY SIGNING THIS AGREEMENT YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ BOTH SIDES CAREFULLY
Re: Participation in the KDBPS paddling programs, pursuant to the KDBC safety guidelines, rules and regulations, (collectively referred to as the "Rules").
To: KDBPS (legally known as the Kelowna Dragon Boat Paddling Society, and their respective directors, officers, employees, contractors, representatives, officials, agents and volunteers).
In this Agreement:
1. The term, “paddling programs” shall include but is not limited to: competitions, races, demonstrations, practices, boat rentals, orientation and instruction sessions, and other such activities, events and services in any way connected with or related to KDBPS.
2. The term, “Releasees” shall include Kelowna Dragon Boat Paddling Society officials, sponsors, official suppliers, and all of their respective directors, officers, employees, volunteers, agents, representatives, successors and assigns.
ACKNOWLEDGEMENT - SAFETY: I am aware that the physical exertion required of rowing and paddling programs and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. I HAVE ALSO READ AND UNDERSTAND THE SAFETY GUIDELINES, AND I AGREE TO ABIDE BY THOSE GUIDELINES. (Safety guidelines are available from the coaches)
ASSUMPTION OF RISKS: I am aware and understand that rowing and paddling programs and rowing and paddling sports have inherent dangers, hazards and risks including, but not limited to:
| IMPROPER USE OF EQUIPMENT |
OVERTURNING OR UPSETTING OF THE BOAT |
| NEGLIGENCE OF THE RELEASEES |
SUSTAINED RIGOROUS PHYSICAL ACTIVITY |
| NEGLIGENCE OF OTHERS |
ABRUPT WEATHER CHANGES |
| IMMERSION IN COLD WATER & HYPOTHERMIA |
DROWNING |
| VARIATIONS IN THE WATER CONDITIONS, SURFACES & CURRENTS |
POOR SWIMMING ABILITY OF MYSELF OR OTHERS |
| COLLISION WITH MANMADE OR NATURAL OBJECTS OR OTHER PADDLERS OR BYSTANDERS |
ACCIDENTS WHICH OCCUR WHILE LOADING/UNLOADING EQUIPMENT |
| FALLING FROM THE BOAT WHILE ON THE WATER |
FACILITY & SITE HAZARDS |
| TRAVEL TO AND FROM SITE |
EQUIPMENT FAILURE |
I understand that injuries resulting from the danger, hazards and risks of rowing and paddling programs and sports are a probable occurrence of such programs and sports. I am also aware that there is a risk of NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE DANGERS, HAZARDS AND RISKS OF PADDLING PROGRAMS AND SPORTS.
I freely accept and fully assume all dangers, hazards and RISKS associated with participation in paddling programs and sports and the possibility of personal injury, death, property damage or loss resulting there from.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY: I acknowledge that it remains my sole responsibility to act in such a manner as to be responsible for my own safety and participate within my own limits. I understand that the Rules are solely for the purpose of regulating other rowing and/or paddling program participants and me. In consideration of the Releasees agreeing to my participation in paddling programs & events and permitting my use of their equipment and facilities, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or personal injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in rowing and/or paddling programs due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the Releasees;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to any third party resulting from my participation in rowing and/or paddling programs; and
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity. In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of paddling programs & events other that what is set forth in the Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.