In consideration for participation in any event organized or conducted by Race South Florida and/or The Paddle House, the undersigned acknowledges and agrees:
I understand that executing this waiver is a prerequisite to participation in the Activity described above and its related activities and/or events (collectively “Activities”).
I acknowledge that in order to participate in any Activities, I for myself, and my heirs and executors, hereby release and forever discharge the Event Hosts, all municipal agencies; all employees, volunteers and other entities and individuals associated with the Activities and further acknowledge and agree that,
DANGER. I FULLY UNDERSTAND that: (a) Paddle sports and related ACTIVITIES INVOLVE RISKS AND DANGERS OF DAMAGE 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 inactions of others participating in the Activity, the condition in which the Activity 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 participation or that of the minor in the Activity. and that I am qualified, in good health, in proper physical condition to participate in such Activity and willingly agree to comply with the stated and customary terms and conditions 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 complete the trip as planned, I assume all risks inherent in my decision to leave.
RELEASE. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the aforementioned The Paddle House, LLC (“TPH”), Miami River Commission, State of Florida, Shake-A-Leg Miami (SALM), City of Miami, City of Miami Parks and Recreation, Miami Rowing Club, Miami Rowing Center, World Paddle Association (WPA), Lee County Parks and Recreation, Calusa Blueway Festival, and all other entities organizers and volunteers, sponsors, affiliated clubs and organizational affiliates, their respective instructors, administrators, directors, agents, officers, members, other participants, any other sponsors, advertisers, associated with the Activities and, if applicable, owners and lessors of premises on which the Activities takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGE TO PROPERTY, OR OTHER DAM¬AGES 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.
INDEMNITY AND HOLD HARMLESS, I WILL INDEMNIFY, 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.
MEDIA RELEASE. I Authorize the use of any photos, video or other images obtained in the participation of this event for any and all marketing purposes, print, media and promotion.
ADULT REPRESENTATIVES. The undersigned has executed this Release of Liability for himself or herself, and his or her heirs, assigns and legal representatives.
EMERGENCY TREATMENT CONSENT. The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.
ACKNOWLEDGMENT. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SUBMITTING MY REGISTRATION I AM ELECTRINICALLY SIGNING IT AND HAVE SIGNED 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. The undersigned has read and understands this Release of Liability and realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities and does so freely and voluntarily.