In consideration for being allowed to participate in events organized by TEXAS CANOE AND KAYAK RACING ASSOCIATION, the undersigned PARTICIPANT:
1. Acknowledges and agrees that the activities participating in are inherently dangerous activities that exposes participants to risks of harm, sickness 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, weather 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. Represents that s/he is a competent swimmer, in good physical condition and able to take care of herself /himself in the water in the event of an incident arising out of the above risks.
3. Agrees that prior to participating in these activities, s/he will inspect the all equipment to be used, and if s/he has reason to believe that anything is unsafe, including but not limited to weather conditions, s/he will immediately advise the event coordinator of such condition and refuse to participate.
4. Agrees that if, while participating in the event, s/he has reason to believe that s/he is exposed to risk of harm beyond her/his tolerance, s/he will immediately inform the event coordinator and, to the extent possible, remove herself/himself from that activity.
5. Will not participate while under the influence of alcohol or drugs, or if s/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.
6. 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, PADDLESPORT RISK MANAGEMENT, LLC, TEXAS CANOE AND KAYAK RACING ASSOCIATION (TCKRA), PAT GUNN; their 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 EVENT and the use of the equipment and other property of TEXAS CANOE AND KAYAK RACING ASSOCIATION (TCKRA) even if caused by the ordinary 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.
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; I have done so; I understand its terms; I understand that by signing it I may be giving up legal rights that I otherwise have; I sign it freely, voluntarily, and without any other representations made to me.