In consideration for being allowed to participate in ORGANIZED CHAOS paddling activities, the undersigned PARTICIPANT:
1. Acknowledges and agrees that water sports is an inherently dangerous activity that exposes participants to risks of harm and serious injury, including but not limited to permanent injury and death, and severe social and economic loss, which might result not only from his/her own action, inaction or negligence, but the action, inaction or negligence of others 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 and equipment, swamping and turning over of vessels, the transport of vessels to/from the ocean, rivers, lakes or coastal waterways. Rapid changes to currents, waves, winds, and distance from shore that may limit the ability of other paddlers and medical/emergency personnel to timely respond to a paddling incident/accident or personal health condition.
3. Represents that she/he is a competent swimmer, in good physical condition and able to take care of herself /himself, in water beyond standing depth, in the event of an incident arising out of the above risks.
4. Agrees that prior to participating in water sports activities, she/he will inspect the vessel and equipment to be used, and if she/he has reason to believe that anything is unsafe, including but not limited to wind and ocean conditions, she/he will immediately advise the steersperson of such condition and refuse to participate.
5. Agrees that if, while participating in the paddling program, she/he has reason to believe that she/he is exposed to risk of harm beyond her/his tolerance, or develops a medical condition while participating, she/he will immediately inform the steersperson and, to the extent possible, remove herself/himself from that activity.
6. Will not participate while under the influence of alcohol or drugs, or if she/he has any physical or mental condition that may impair his/her ability to understand instructions or to participate without creating risk to himself/herself or others.
7. Assumes all the foregoing risks and accepts 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, ORGANIZED CHAOS; PADDLESPORT RISK MANAGEMENT, LLC; it's insurers, members, directors, agents, and other participants, 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 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 on and off water and the use of the vessels, equipment and other property , even if caused by the ordinary negligence of any or all of the Releasees.
BY SIGNING THIS AGREEMENT, I, the undersigned PARTICIPANT, state and affirm that I was given the opportunity to read this Waiver, Release and Indemnification in full and have done so understanding its terms. I understand that by signing it I may be giving up significant legal rights and I sign it freely, voluntarily, and without any other representations made to me.