Botanical Garden Sprints 2009

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RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY
(CLUB VERSION)

AGREEMENT IN CONSIDERATION of being given the opportunity to participate in any way in the 2009 Botanical Gardens Sprints, we, for ourselves, our personal representatives, assigns, heirs, and next of kin: 1. ACKNOWLEDGE, agree, and represent that we understand the nature of rowing activities, including, without limitation, the Regatta, both on water and land based, and that we are qualified, in good health, and in proper physical condition to participate in the Regatta. 2. FULLY UNDERSTAND that: ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death (Risks and Dangers); these Risks and Dangers may be caused by our own actions, or inactions, the actions or inactions of others participating in the Regatta, the condition in which the Regatta takes place, or the negligence of the Releasees named below; there may be other risks and social and economic losses either not known to us or not readily foreseeable at this time; and we FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND DANGERS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES we incur as a result of our participation in the Regatta. 3. AGREE AND WARRANT that we will examine and inspect each activity of the Botanical gardens Sprints in which we take part and that, if we observe any condition which we consider to be unacceptably hazardous or dangerous, we will notify the proper authority in charge of the Botanical Gardens Sprints and will refuse to take part in the Botanical Gardens Sprints until the condition has been corrected to our satisfaction. 4. HEREBY RELEASE, discharge, and covenant not to sue Juniper Rowing Club, Mariner Insurance Group, the Botanical Gardens Sprints, their administrators, directors, agents, officers, members, volunteers, and employees, other participants, regatta organizers, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Regatta takes place, (each considered one of the Releasees herein) from all liability, claims, demands, losses, or damages on our 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 we further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, we, or anyone on our behalf, makes a claim against any of the Releasees, we 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 to the fullest extent permitted by law. 5. HEREBY ACKNOWLEDGE AND AGREE and by our signatures below, attest that we have received, read, fully understand and will abide by the Regatta Safety Rules for Participants. We have read this agreement, fully understand its terms, understand that we have given up substantial rights by 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.