In consideration of being allowed to participate in any way in the Birmingham Canoe Club (the “Club”) and its related events and activities, I for myself, my minor child, my personal representatives, assigns, heirs, and next of kin:
1) ACKNOWLEDGE, AGREE and REPRESENT that I fully understand the nature of paddlesports and related activities, to include whitewater rafting, whitewater kayaking, whitewater inflatable kayaking, flatwater kayak- ing, stand-up paddle boards, and swimming (the “Activities”), and that I am qualified, in good health, in proper physical condition to participate in the Activities and willingly agree to comply with the stated and customary terms and condition of participation. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. If I decide to leave early and not com- plete the trip or Activity as planned, I assume all risks inherent in my decision to leave.
2) ACKNOWLEDGE, AGREE and REPRESENT that I fully understand that: (a) paddlesports and related activities INVOLVE INHERENT RISKS AND DANGERS TO PERSONAL PROPERTY and SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, and DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inaction of others participating in the Activities, the condition in which the Activities takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) 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 or my minor child’s participation the Activities.
3) HEREBY RELEASE DISCHARGE, AND COVENANT NOT TO SUE BIRMINGHAM CANOE CLUB, PADDLESPORT RISK MANAGEMENT, LLC; its insurer; their officers & directors, officials, agents, and/or em- ployees, other participants, sponsors, advertisers, volunteers, coaches, instructors, members, volunteers, and, if applicable, owners and lessors of premises and club owned equipment used to conduct club activities/ spe- cial events (each considered one of the “RELEASEES” herein), FROM ALL LIABILITY, CLAIMS, DEMAND, LOSSES, INJURIES, DAMAGE TO PROPERTY, OR OTHER DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND 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, to the extent allowed by law, will IN- DEMNIFY, SAVE, and HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
4) Acknowledge and agree that photographs and video may be taken of me in my participation in or attendance at a Club Activity or event, and hereby freely agree to allow without restriction all uses of such photos and videos in the reporting of Club activities, special race, and/or in the promotion of such, its location, other sporting events, sport in general, and/or related purposes.
By signing below I acknowledge that I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.