Snow Hill River Fest – Release and Waiver
READ CAREFULLY BEFORE SIGNING
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS
1. Definitions
Certain terms having specific definitions are used in this Agreement, and these terms and definitions, unless the context clearly indicates otherwise, are as set forth in this section.
1.1 “Activity”
“Activity” means and refers to participation in any Snow Hill River Fest event or competition, including but not limited to Kayak Race, Paddle Board Race, Pocomoke River Raft Race, Corn Hole Tournament, Anchor Toss Competition, launching and landing watercraft, entering and exiting the water, swimming, wading, portaging, traveling to and from event areas, spectating in designated participant areas, and any other activity related to participation in Snow Hill River Fest.
1.2 “Agreement”
“Agreement” means and refers to this document.
1.3 “Participant”
“Participant” means and refers to the individual participating in the Activity.
1.4 “Released Parties”
“Released Parties” means and refers to the Snow Hill Area Chamber of Commerce, the Town of Snow Hill, MD, Worcester County, MD, and their servants, agents, employees, volunteers, deputies, officers, heirs, executors, administrators, legal representatives, insurers, successors and assigns, and each of them respectively, and all other persons, insurance carriers, firms, corporations, associations and estates associated with Snow Hill River Fest.
1.5 “Undersigned”
“Undersigned” means and refers to the Participant when the Participant is 18 years of age or older, or the parent/legal guardian signing on behalf of a minor Participant ages 10–17.
2. Risks of Activity
The Undersigned agrees and understands that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
The risks and dangers associated with the Activity include, but are not limited to:
water quality and environmental quality
contact with the water
negligence of event staff, volunteers, officials, or course guides
changing water conditions
hidden underwater obstacles
slippery terrain
changing and unpredictable currents
drowning
exposure to weather
swimming
overturning or falling from a kayak, paddle board, or raft
improper use of equipment
carrying or transporting equipment
loading and unloading watercraft and equipment
impact with equipment, debris, docks, shoreline structures, other participants, or man-made obstacles
collisions during water or land competitions
slips, trips, or falls during on-land events such as Corn Hole Tournament or Anchor Toss Competition
physical exertion, fatigue, dehydration, heat-related illness, or overexertion
equipment failure
THE UNDERSIGNED ACKNOWLEDGES AND UNDERSTANDS THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS, KNOWN OR UNKNOWN.
3. Release, Indemnification, and Assumption of Risk
In consideration of the Participant being permitted to participate in the Activity, the Undersigned agrees as follows:
3.1 Release
The Undersigned, on behalf of themselves, their heirs, executors, administrators, assigns, and, where applicable, the minor Participant, hereby IRREVOCABLY AND UNCONDITIONALLY RELEASES, FOREVER DISCHARGES, AND AGREES NOT TO SUE OR BRING ANY OTHER LEGAL ACTION against the Released Parties with respect to any and all claims and causes of action of any nature whatsoever, whether currently known or unknown, which the Undersigned has or could assert in connection with the Activity or the Participant’s participation in the Activity, including but not limited to claims of tort, negligence, breach of warranty, and/or breach of contract.
3.2 Indemnification
The Undersigned hereby agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all liability, cost, expense, or damage of any kind or nature whatsoever, and from any suits, claims, or demands, including legal fees and expenses, whether or not in litigation, arising out of or related to the Participant’s participation in the Activity.
3.3 Assumption of Risk
The Undersigned agrees and understands that there are dangers and risks associated with participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to, the acts, omissions, representations, carelessness, and negligence of the Released Parties.
By signing this document, the Undersigned recognizes that property loss, injury, and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED VOLUNTARILY CHOOSES TO PARTICIPATE, OR TO ALLOW THE MINOR PARTICIPANT TO PARTICIPATE, AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
4. Life Jackets
Each Participant in any water-based Activity must wear a United States Coast Guard (USCG)-approved life jacket (personal flotation device) at all times while participating in the water-based portions of the Activity.
5. Drugs and Alcohol Not Permitted
Each Participant is required to comply with all applicable laws governing the consumption of alcohol and controlled substances. No Participant is permitted to participate in the Activity while under the influence of alcohol or any controlled substance that would in any way impair his or her ability to participate safely.
6. Medical or Physical Condition and Medical Care
The Undersigned assumes the risk of any medical or physical condition the Participant may have. The Undersigned acknowledges that in the event of an injury or accident, rescue and medical treatment may not be immediately available.
The Undersigned authorizes the Released Parties and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed.
The Undersigned agrees to pay all costs associated with such medical care and related transportation.
7. Photographic and Video Imagery
The Undersigned agrees that the Released Parties and persons authorized by them may use any imagery, video, audio, photography, or any other format of image or audio of the Participant taken during the Activity in any promotional material, advertising, social media, website content, or other materials.
8. Minor Participants (Ages 10–17)
If the Participant is a minor between the ages of 10 and 17, the parent or legal guardian signing below certifies that he or she is the parent or legal guardian of the minor Participant and has the full legal authority to sign this Agreement on the minor’s behalf.
By signing this Agreement, the parent or legal guardian:
consents to the minor’s participation in the selected Activity or Activities;
understands and accepts all risks associated with the Activity on behalf of the minor;
agrees to all terms of this Agreement on behalf of the minor;
accepts full responsibility for the minor’s safety, conduct, and participation; and
releases, indemnifies, and agrees to hold harmless the Released Parties to the same full extent as provided in this Agreement.
9. Miscellaneous
The Undersigned further agrees and understands that:
the Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, or ordinances;
this Agreement shall be governed by the laws of the State of Maryland;
the exclusive jurisdiction and venue for any claim or dispute shall be the state or federal courts located in Maryland;
this Agreement constitutes a contract and shall be binding to the fullest extent permitted by law;
if any part of this Agreement is deemed unenforceable, the remaining terms shall remain in full force and effect; and
this Agreement shall be binding upon the Undersigned’s assignees, subrogees, distributors, heirs, next of kin, trustees, executors, and personal representatives.
ACKNOWLEDGMENT
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT MAY OTHERWISE EXIST.
