In consideration for being allowed to participate in the activities with ALAMEDA DRAGONFLYERS, I, the undersigned PARTICIPANT:
1. Acknowledges and agrees that water sports is an inherently dangerous activity that exposes participants to risks, both known and unknown, of harm and serious injury, including but not limited to permanent injury, sickness and death, and severe social and economic loss, which might result not only from my own action, inaction or negligence, but the action, inaction or negligence of others, wind and water conditions, or the condition of any equipment used, and that there may be other risks not known to us or not reasonably foreseeable at this time.
2. Without limitation to the foregoing, acknowledges and agrees that said risks include, but are not limited to, the condition of vessels, steep ramps, uneven docks, swamping and turning over, the transport of vessels to/from the paddling location, currents, waves, winds, and distance from shore that may limit the ability of paddlers and medical/emergency personnel to timely respond to a paddling accident or personal health condition. Situations both known and unknown may arise.
3. Agrees to listen to and abide by all safety instructions given before embarking or disembarking. Agrees to be quiet on the boat and listen to and abide by all commands given by coaching and steering staff.
4. Represents that I can swim and/or survival float and am able to self-rescue and re-enter a without assistance in any depth of water.
5. Agrees that prior to participating in water and boating activities, I will inspect the vessel and equipment to be used, and if I have reason to believe that anything is unsafe, including but not limited to wind and water conditions, I will immediately advise the person in charge of such condition and refuse to participate.
6. Agrees that if, while participating in the paddling session, I have reason to believe that I am/will be exposed to risk of harm beyond my tolerance, I will immediately inform the steersperson and, to the extent possible, remove myself from that activity.
7. Attests that I am physically and mentally fit to participate and will not participate while under the influence of alcohol or drugs, or have any pcondition that may impair my ability to understand instructions or to participate or create risk to myself or others - or if I am deemed to be impaired by team representative.
8. Assumes all the foregoing risks, both known and unknown, and accept personal responsibility for the harm, damages and loss following such injury, permanent disability or death.
WAIVER AND RELEASE.
PARTICIPANT, including their heirs, next of kin, assigns and estate hereby waives any and all past, present and future claims against, and releases and agrees not to sue, ALAMEDA DRAGONFLYERS, UNITED STATES DRAGON BOAT FEDERATION, STONE BOAT YARD, RHYTHMIX CULTURAL WORKS; CITY OF ALAMEDA; PACIFIC DRAGON BOAT ASSOCIATIOIN; their insurers, members, directors, agents, and other participants, sponsors, landowners and any other persons or entities associated therewith (all herein referred to as “Releasees”), from all demands, claims, losses and damages on account of injury, including but not limited to death or damage to personal property, caused or alleged to be caused, in whole or in part, by the negligence of any of the Releasees to the extent permitted by law.
INDEMNIFICATION.
PARTICIPANT agrees to indemnify, defend and hold harmless the Releasees from and against all claims , losses, damages, causes of action, judgments, costs and expenses, including but not limited to attorneys’ fees, and all other liabilities arising out of or relating to PARTICIPANT’S participation in the paddling program and the use of watercraft and other property of ALAMEDA DRAGONFLYERS even if caused by the negligence of any or all of the Releasees.
SEVERABILITY, JURISDICTION AND LAW.
This agreement is intended to be as broad and inclusive as permitted by law. If any part of this agreement is held to be invalid, the balance thereof shall remain valid and in full force and effect; and, if necessary, shall be modified to further its intent to waive rights against, and release and indemnify the Releasees, against all claims and liabilities as may be permitted by law.
COVID-19 ADDENDUM.
I will comply with the following ADF guidelines:
I must be vaccinated against COVID-19 and be at or beyond the two week period after my final vacination. I will not attend ADF practices or events if I am ill or have been exposed to COVID-19 or its variants. I can join or rejoin ADF practices and events after any respiratory illness including COVID-19 when, for at least 24 hours, the following are true: I am symptom free (no fatigue, cough, runny nose or headache); have not had a fever (and are not using fever reducing medication) and test negative for COVID-19. Additionally, I will report to ADF within two days if I am diagnosed with COVID-19 or develop symtoms after I was involved in an ADF practice or activity.
- BY SIGNING THIS AGREEMENT, I, the above signed, PARTICIPANT, state and affirm and agree with the information and guidelines and that I was given the opportunity to read this Waiver, Release and Indemnification in full. I have done so and understand its terms. I understand that by signing it I may be giving up significant legal rights that I otherwise have; I sign it freely, voluntarily, and without any other representations made to me.