RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
By signing this document you will waive certain legal rights, including the right to sue. Please read carefully.
1. This is a binding legal agreement; therefore clarify any questions or concerns before signing. As a Participant in the sport of dragon boat paddling, outrigger canoe paddling, and stand-up paddle boarding and/or the events, programs, races and activities organized by the Organization, the undersigned acknowledges and agrees to the following terms:
2. Iron River Racing and the Toronto Humber Yacht Club, and their respective shareholders, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, owners/operators of facilities, and representatives (collectively the “Organization”) are not responsible for any injury, damage, property damage, expense or loss of any kind suffered by a Participant during, or as a result of, the sport of dragon boat paddling, outrigger canoe paddling, and stand-up paddle boarding and any program, activity or event, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.
Description of Risks *
3. I am participating voluntarily in the sport of dragon boating and the activities, events and programs of the Organization. In consideration of my participation, I hereby acknowledge that I am aware of the risks and hazards which include, but are not limited to, injuries from:
(a) The sport of dragon boat paddling, outrigger canoe paddling, and stand-up paddle boarding;
(b) Entering and exiting any such boat/board or capsizing a boat/board;
(c) Executing strenuous and demanding physical techniques and/or exerting and stretching various muscle groups;
(d) Vigorous physical exertion, strenuous cardiovascular workouts, rapid movements and quick turns and stops;
(e) Falls due to wetness, uneven or irregular surfaces;
(f) Contact, falling or colliding with the dragon boat, outrigger canoe, stand-up paddle board, other boats, paddles, docks or with other participants;
(g) Failure to properly use any equipment, the mechanical failure of any piece of equipment or inadequate safety equipment;
(h) Failure to stay within designated areas;
(i) Extreme weather conditions which may result in dehydration, hypothermia, heatstroke or sunstroke;
(j) Extended times in water or under the water;
(k) Spinal cord injuries which may render me permanently paralyzed;
(l) Travel to and from competitive events and associated non-competitive events which are an integral part of the Organization’s activities.
4. Furthermore, I am aware:
(a) That injuries sustained can be severe and that my risk of injury increases as I become fatigued; and
(b) That my risk of injury is reduced if I follow all rules established for participation.
Release of Liability *
5. In consideration of the Organization allowing me to participate, I agree:
(a) That my physical condition has been verified by a medical doctor to participate in the sport of dragon boat paddling, outrigger canoe paddling or stand-up paddle boarding and in the activities, events and program of the Organization;
(b) That the sole responsibility for the Participant’s safety remains with the Participant;
(c) To ASSUME all risks arising out of, associated with or related to my participation;
(d) To WAIVE any and all claims that I may have now or in the future against the Organization;
(e) To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the sport of dragon boating and/or the activities, events and programs of the Organization; and
(f) To FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I may have or may in the future, that might arise out of, result from, or relate to my participation in the sport of dragon boating, my presence at any venue, the events, activities or programs of the Organization, and/or my traveling to or from the events, activities or programs of the Organization, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization.
Emergency Contact Information
In case an emergency should occur, please provide an emergency contact who is readily available to respond during the times you will be participating in paddling activities at Iron River Racing.