In consideration of participating in the CLUB, including practices, races and all other team events, I HEREBY FULLY RELEASE FROM LIABILITY AND WAIVE ALL CLAIMS AGAINST THE CLUB AND ITS RESPECTIVE OFFICERS, DIRECTORS, COACHES, VOLUNTEERS, AND ALL OF THEIR MEMBERS WHO ENGAGE IN THESE ACTIVITIES (hereinafter the “RELEASED PARTIES”). This release includes, but is not limited to, all races, all official and/or informal practice and training sessions, all non-official competitions, as well as all social, charitable and/or fund-raising functions and any travel that is incidental and/or related to these activities. This release from liability and waiver of claims shall apply to all claims that may arise because of any mental and/or physical injury, disability and/or death, suffered by me, or any member of my family. I also release all claims against the Released Parties that may arise because of any loss, damage and/or destruction of my personal property. I intend that these releases shall fully bind my estate, heirs, survivors and/or assigns and that they shall be effective to the fullest extent permitted by law.
I am a voluntary participant; I warrant that I am in good physical health and that I accept full responsibility for any medical expenses that may arise from any injuries I incur while participating in these activities. I am fully aware of the dangers and risks associated with these activities. I understand that these risks include, but are not limited to, the risks of mental and/or physical injury, permanent disability, death and/or property damage, that could be caused by any of the following:
- The risk of any equipment malfunction or failure. This includes, but is not limited to, the lack of, or improper or inadequate installation or maintenance of, any parts of the canoes and/or escort vessels, including any safety equipment.
- The risk of my own negligence and/or the negligence of others.
- The effects of exhaustion and/or exposure to extreme environmental conditions, including high surf, strong currents, high winds, storms and/or temperature extremes. I also understand that these conditions can affect the judgment, strength, stamina and/or coordination, of myself, or of others, thereby increasing my risk of injury, disability and/or death.
- The increased health risks associated with sustained physical exertion under adverse conditions, including, but not limited to, seasickness, dehydration, heat exhaustion, heat stroke and heart attack.
- The risk of injury, disability, death and/or property damage that may arise when loading, unloading, trailering and/or transporting the heavy canoes and/or equipment that are used in these activities.
- The risk of injury, disability, death and/or property damage that may arise from the use of canoes and/or power boats in practices and in competitions. This includes, but is not limited to, the risk that I may be struck, cut, crushed or pinched by one of these vessels, regardless of whether I am a passenger, paddler or competitor.
- The risk of injury, disability and/or death from dangerous and/or unpredictable marine conditions including but not limited to: seaweed, kelp, ocean debris, jellyfish, sting rays, sharks, sea lions, whales or other marine animals.
- The increased risks caused by limited or inadequate access to proper medical attention in the event of injury.
I also fully understand and accept that there are any number of other risks, both known and unknown, that may be encountered by me in these activities, even if not specifically listed above. I am fully aware of, and responsible for, my own health condition and/or any physical limitations I may have, both known and unknown, that may place me at risk with respect to these activities. I also warrant and agree that I will comply with all safety instructions given to me and I will warn others of any unsafe conditions I may observe while participating in these activities.
With these understandings in mind, I FULLY ACCEPT AND ASSUME ALL RISKS THAT ARE ASSOCIATED WITH, OR MAY BE ENCOUNTERED BY ME, WHILE PARTICIPATING IN THESE ACTIVITIES.
I agree to fully hold harmless and to defend and indemnify the Club, Coaches, and other Members from all claims, including all costs incurred in defending against said claims, that arise from, or are related to my own actions or inactions, or any injuries I may cause or incur, during my participation in these activities. This shall also include, but is not limited to, any costs or fees that may be associated with emergency response providers, emergency care services and/or medical transport providers.
I agree that any action arising out of, related to my participation in these activities, or relating to the interpretation or enforcement of this Agreement must be filed in the California Superior Court of Los Angeles County and that it will be interpreted solely in accordance with California law.
I have fully read and understand this entire document and I am signing it voluntarily, without relying on any other oral or written representations or statements not included herein.
I RECOGNIZE THAT BY SIGNING THIS DOCUMENT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE THE CLUB, OFFICERS AND DIRECTORS, COACHES AND/OR ANY AND ALL MEMBERS OF THE CLUB. I AM SIGNING THIS DOCUMENT OF MY OWN FREE WILL AND I INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY IN FAVOR OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED BY LAW.
A photocopy, facsimile copy, digitally archived copy, and/or photographically archived copy of the executed original of this Member Agreement shall have the same force and effect as the executed original document.
This Membership Agreement shall remain in full force and effect from this date forward and I shall be bound thereby whenever I am participating in a Club event regardless of whether I am at that time a member of the Club.
I have read the above paragraphs and agree to be bound thereby,