AMATEUR ATHLETIC WAIVER AND RELEASE OF LIABILITY
CLUB NAME: DRAGON BOAT CLUB OF BOSTON
TERM: 01/01/2018 12/31/2018
In consideration of being allowed to participate in any way in the UNITED STATES DRAGON BOAT FEDERATION, (USDBF) and its affiliates athletic sports program, related events and activities, the undersigned acknowledges, appreciates, and agrees that: The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or other and assume full responsibility for my participation; and, I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the UNITED STATES DRAGON BOAT FEDERATION and DRAGON BOAT CLUB OF BOSTON, its officers, directors, coaches, steerers, volunteers, officials, agents, and/or employees, other participants, municipalities, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct club & activities (RELEASEES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
RELEASE AND WAIVER OF LIABILITY
IN CONSIDERATION of being given the opportunity to be a member of the Dragon Boat Club of Boston, Inc. (DBCB) , I , my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, AGREE, AND REPRESENT that I understand that the primary nature of the activities in which members of DBCB are engaged, including paddling both on water and on land (individually an Activity and collectively, the Activities), require strenuous physical exercise and that I am qualified, in good health, and in proper physical condition to participate in such Activities. I will notify the appropriate coach, supervisor, officer, director, or agent if I have, or if I develop, any physical problems or health conditions that may affect my ability to participate in the Activities without posing a danger to my health or safety or the health or safety of others.
2. FULLY UNDERSTAND that: (a) the Activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death (Risks); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities takes place, or the negligence of the Releasees named below; and (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I FULLY ACCEPT AND ASSUME ALL RESPONSIBILITY for losses, costs, and damages I incur as a result of my participation in the Activities.
3. AGREE AND WARRANT that I will examine each Activity in which I participate, and that if I observe any condition which I consider to be unreasonably risky or dangerous, I will notify the proper authority and not take part in the Activity until the condition has been corrected to my satisfaction.
4. HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE DBCB, its administrators, officers, directors, agents, coaches, volunteers, other participants, sponsors, advertisers, and if applicable, owners and leasers of premises on which the Activity takes place (all of which are hereinafter referred to as Releasees) from any and all liability to undersigned, his or her heirs and next of kin, for any and all claims, demands, losses, or damages 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. 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, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as a result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law, and I agree that if any portion of this agreement is determined to be invalid, all other parts shall continue in full force and effect.
PHOTOGRAPHY & VIDEO RELEASE
I hereby grant permission to the Dragon Boat Club of Boston and its officers, employees, agents, representatives, trustees, successors, licensees and assignees (hereinafter "the Club") to photograph and/or video record my image, likeness, or depiction and/or that of my minor children (if applicable). I hereby grant permission to the Club to edit, crop, or retouch such photographs and video recordings, and waive any right to inspect the final photographs and video recordings. I hereby consent to and permit photographs and video recordings of me and/or those of my minor children to be used by the Club worldwide for any purpose, including marketing and advertisement purposes, and in any medium, including print and electronic. I understand that the Club may use such photographs and video recordings with or without associating names thereto. I further waive any claim for compensation of any kind for the Club's use or publication of photographs and video recordings of me and/or those of my minor children (if applicable). I hereby fully and forever discharge and release the Club from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photographs and video recordings of me and/or those of my minor children (if applicable) by the Club, and covenant and agree not to sue or otherwise initiate legal proceedings against the Club for such use or publication on my own behalf or on behalf of my minor children (if applicable). All grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable.
I acknowledge and represent that I am over the age of 18, have read this entire document, that I understand its terms and provisions, and that I have signed it knowingly and voluntarily on behalf of myself and/or my minor children (if applicable).
Date of Signing: May 24, 2018