LIABILITY RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
Overview and Terms:
I hereby affirm that I understand that I am a Member of the Hood River Outrigger Club, A Oregon Non-Profit, Public Benefit Company, (hereinafter referred to as the “HROCC”), whether I am participating in an HROCC activity that is supervised or unsupervised such as, but not limited to, Daily Group Paddles, Tips and Techniques, Beginners Classes, Youth Paddle Training, Race Training, Small Boat Training or any other use of vessels either owned by, rented by, or loaned to HROCC, and attending HROCC functions such as a race, regatta, meetings of any kind, or for any reason whatsoever that I am participating in any HROCC event(hereinafter collectively referred to as “HROCC Activities”) and I understand that such activities have inherent risks which may result in serious injury or death.
This Agreement applies to all HROCC Members, for their involvement in a HROCC Activity including travel and/or use of HROCC facilities, HROCC team members whether a Junior, Youth, Adult, Guest, Business or Group Activity and any other participants, whether paying a fee or not, all of which are considered HROCC members, (collectively, “MEMBERS”) in connection with their participation in HROCC ACTIVITIES, operations, programs and associated activities operated by HROCC or on or from property and/or vessels owned, leased or controlled by HROCC by any other person or entity (collectively, “Operations”). As a precondition for any Member to participate in the Operations, each Member must (a) assume all risks of harm from their participation, (b) hold harmless and indemnify HROCC and the other Releasees (defined below) from all damage caused by their participation in the Operations, (c) release HROCC and the other Released Parties from any and all damage to themselves resulting from their participation in the Operations, and (d) otherwise agree to abide by the terms and conditions of this Agreement. This Agreement shall remain in full force and effect from the date it is signed until it is superseded by a new written Agreement between HROCC and Member and/or any parent or guardian. This Agreement also imposes obligations on parents and guardians and should be reviewed with care.
HROCC Activities are inherently dangerous activities, which may result in serious injury or death. Participation in HROCC Activities include the use of human powered vessels and include certain on-shore exercise and recreational activities all of which are physically demanding and carry inherent risks to the health and safety of Members including but not limited to: harm from exposure to the elements; blisters, pulled muscles, neck or back injury, broken bones, injury from capsizing or caused by collision with other vessels, buoys, bridges, land, or debris and things floating in the water, scrapes, cuts and bruises, head concussions and injury from a variety of causes including injuries from rigging, ropes and lines; injuries from slips and falls, including on docks, while in the water or on the premises, harm caused by fishing gear, adverse weather, lightning, wild animals, heart attack, panic and/or hypothermia, drowning or death, and injury during travel to or from team or camp activities. By signing below Member and/or any parent or guardian signing for a
minor member acknowledges and accepts all of these and all other risks associated with the Operations.
Member acknowledges and agrees that it is their responsibility to determine their physical fitness for engaging in HROCC Boating Activities and other physical activities at HROCC. Member understands that HROCC accepts no responsibility whatsoever for determining the Members’ physical fitness to engage in paddling, swimming, exercising and other activities in which Members participate at HROCC.
Assumption of Risk & General Release:
Member and/or the parent or guardians of such member hereby acknowledges that serious accidents may occur during HROCC Activities and/or programs or other activities connected with the Operations, including travel activities associated with an HROCC program and that death or serious personal injury and/or property damage or other loss may result from participation in the Operations. Member and/or any parent or guardian knowingly assumes all risks of Member’s participation in the Operations, including all risk of personal injury, death and loss of or damage to the Member or their property, including further injury sustained as the result of the efforts of persons who come to the aid of Member(s) if injured or in danger as a result of participation in the Operations. Member and/or any parent or guardian hereby releases HROCC, its vessels and vessel owners and operators of vessels, its charterers, its coach(s) or instructor(s), and its collective board members, trustees, agents, officers, employees, volunteers and contractors and all other persons associated with HROCC Operations (collectively, “Released Parties”) and all other persons and entities mentioned above who might otherwise be liable to Members and/or any parent or guardian in any way arising out of contractual liability, product liability or the negligence of any party including the Released Parties, whether passive or active negligence as a result of Member’s participation in the Operations.
In consideration of Member being permitted to participate in the Operations, Member and any parent or Guardian signing on behalf of minor Member, on behalf of themselves and their heirs, executors, administrators, personal representatives, next of kin and any parent or guardian, agrees to assume all of the risks and responsibilities of participation and hereby releases, waives, discharges, holds harmless, covenants not to sue and covenants and agrees to indemnify the Released Parties with respect to any and all liability for any harm, injury, damage, cost or expense of any nature whatsoever, including but not limited to suffering and death, which Member may incur, regardless of the cause, while participating in, or in transit to or from, HROCC Activities/Operations. Further, Member and/or any parent or guardian signing below agrees to indemnify and hold harmless the Released Parties from any litigation expenses, attorneys’ fees, loss, liability, damage or any other cost one or more of the Released Parties may incur due to a claim being made against the Released Parties, whether the claim is based on the negligence of
any party including the Released Parties, whether passive or active negligence or otherwise.
This release is intended to discharge the Released Parties from any and all liability arising out of or connected in any way with Member’s participation in the Operations, including without limitation any liability that arises out of negligence or carelessness on the part of any Released Party, whether passive or active.
Safety Obligations of Member:
Member agrees to comply with all safety rules and obligations as well as any other rules that may be posted by HROCC or issued in connection with the Operations.
Choice of Law, Forum:
The terms herein are contractual and not a mere recital and each person signing agree, that they are signing this Agreement of their own free act and with knowledge that they hereby waive their legal rights. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement and the remainder of the Agreement will then be construed as though the unenforceable provision had never been contained herein. If any provision of this Agreement is deemed so broad as to be unenforceable, such provision shall be interpreted to be so broad as is enforceable. All disputes, which arise out of this agreement, shall be adjudicated in courts of competent jurisdiction located in the State of Oregon, and the County of Hood River and the laws of the State of Oregon shall apply.
Execution of Agreement:
Member states that they are of lawful age and legally competent to sign this Agreement, or that they have acquired the written consent of their parent or legal guardian. THE UNDERSIGNED MEMBER ALSO ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THIS LIABILITY RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT LINE BY LINE, THEY UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND BY ITS TERMS.
BY THIS INSTRUMENT I AGREE TO EXEMPT, RELEASE AND INDEMNIFY SAVE AND HOLD HARMLESS MY COACHES, INSTRUCTORS, STAFF, HROCC AND ALL RELATED ENTITIES AND RELEASED PARTIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE