ADULT WAIVER OF CLAIMS, RELEASE FROM LIABILITY. AND ASSUMPTION OF RISKS
TO: RICHMOND DRAGON BOAT SOCIETY and its directors, officers, members, agents, officials, organizers, volunteers, supervisors, and other representatives (all collectively referred to as the “Operator”);
AND TO: Dragon Zone Paddling Club, the City of Vancouver, Vancouver Board of Parks and Recreation, all official sponsors, official suppliers, volunteers, staff and all their respective directors, officers, employees, volunteers, agents, representatives, successors, and assigns (all collectively referred to as the “City”).
IN CONSIDERATION of the Operator granting the undersigned rights and privileges of membership in the RDBS and being permitted to participate in the paddling, training, coaching, racing, operational, maintenance, and other activities of the Operator, in addition to the Burnwater Youth Regatta, the Vessi500 Championship, the Concord Pacific Dragon Boat Festival, Dragon Zone Paddling Club, and Creekside Kayaks, including, but not limited to: regattas, competitions, races, demonstrations, practices, paddling orientation and instruction sessions, and other such activities, events and services in any way connected with the above events (collectively, the “Activities”), the undersigned agrees as follows:
- COMPLIANCE WITH RULES. I agree to abide by the rules and regulations established by the Operator from time to time applicable to the Activities, including, without limitation, the wearing of a personal floatation device (PFD) if required. During my participation in the Activities, I agree to act responsibly with a view to preserving my own safety and the safety of other participants.
- RISKS, DANGERS, AND HAZARDS. I acknowledge that the Activities involve risks, dangers and hazards inherent in canoeing, kayaking and associated outdoor water sports (collectively, the “Inherent Risks”), and further acknowledge that in addition to the Inherent Risks, the Activities involve certain additional risks, dangers and hazards, some of which may include (but are not limited to): physical exertion for which I may not be prepared; weather extremes, including sudden and unexpected changes; dangerous water conditions, including cold water and movement, waves, currents, rapids and white water; immersion in cold water; hypothermia; underwater entrapment; collision with natural and man-made objects, including rocks, docks and other boats; slippery docks; equipment malfunction or failure; and delay or inability for rescue or medical treatment in a timely manner (collectively, the “Additional Risks”).
- ASSUMPTION OF RISKS. I acknowledge that the enjoyment and excitement of my participation in the Activities is derived, in part from the Inherent Risks, and the Additional Risks and I agree to freely accept and fully assume all risks of personal injury, death or property damage or loss, resulting from any cause whatsoever, including but not limited to, the Inherent Risks, the Additional Risks, active or passive negligence, imprudence, lack of skill, error of judgment, breach of contract or breach of statutory duty of care on the part of the Club or City. For greater certainty and without limiting the foregoing, I acknowledge that I use the equipment and facilities of the City and the Operator without notice of the nature, condition and state thereof, and entirely at my own risk, and I acknowledge that I am solely responsible for the safety of my person and property and that the Operator and the City assume no responsibility whatsoever for the safety of my person or property in connection with the Activities.
- RELEASE OF LIABILITY. I hereby waive, release and forever discharge the Operator and the City from, and agree not to sue the Operator and the City in respect of, any and all damages, losses, liabilities, claims, costs and expenses (including legal fees) of any kind whatsoever and howsoever arising (including, without limitation, in respect of death, injury, loss or damage to any person or property, or any other loss or damage) that I or my heirs or next-of-kin may suffer or incur, or allege to suffer or incur, arising in any way out of my participation in the Activities due to any cause whatsoever, including without limitation, active or passive negligence, imprudence, lack of skill, error of judgment, breach of contract or breach of statutory duty of care on the part of the Operator or City.
- INDEMNIFICATION. I agree to save harmless and indemnify the Operator and the City from and against any and all liability for any personal injury, death, property damage or loss to any third party, resulting from my participation in the Activities or in the operation of the Operator. I agree that I am responsible for all costs of rescue or medical attention rendered to me or for my benefit, arising from the Activities and I agree to indemnify the Operator and the City from any and all liability in respect of any and all such costs. If I damage or lose any equipment of the Operator or the City or damage any facility of the Operator or the City, I agree that I may be held responsible for some or all of the insurance deductible payable. If insurance does not cover the damage or loss, then I agree that I may be held responsible for the cost of repairing the damage or replacing the lost equipment.
- NO WARRANTIES. I acknowledge that in signing this Agreement, I am not relying on any oral, written, or visual representations or statements of any kind made by the Operator or the City.
- GENERAL PROVISIONS. This Agreement shall be binding on my heirs, next-of-kin, executors, administrators, assigns and representatives in the event of my death or incapacity. If any provision of this Agreement is held invalid or unenforceable, it will be severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement sets out the entire agreement between the parties regarding the subject matter hereof and may not be amended. This Agreement shall be governed by the laws of the Province of British Columbia, Canada.
- PERSONAL INFORMATION. I acknowledge that the Operator collects my personal information for the purpose of providing me with the services and / or the facilities associated with being a member of the RDBS. I hereby consent to the use of my personal information by the Operator and disclosure to and use thereof by the Operator‘s agents, including its sport governing bodies and insurers, in relation my membership with the RDBS, my use of the Operator‘s facilities, equipment and services, and my participation in the Activities.
- MEDIA RELEASE. I hereby grant the Operator and its members, volunteers, professional photographers and the media the absolute right and permission to take during the Activities, and to use and publish, photographs of me, still or moving, with or without the my name, and to reproduce same through any media, for artistic, promotional, advertising, web content or other commercial and non-commercial purposes, and I shall not be entitled to any monetary compensation of any kind in respect thereof.
- COMMUNICATIONS. I hereby agree to the Operator sending me commercial electronic messages related to my membership with the RDBS, my use of the Operator‘s facilities, equipment and services, my participation in the Activities, any charitable or other events or activities hosted or sponsored by the Operator, and products and services offered by the Operator. I acknowledge that I may later unsubscribe by contacting an RDBS representative.
- I hereby authorize the Operator and its representatives to notify me (via mail, email, or fax) throughout the year for special offers, events news, and information about our services. – I agree. / I do not agree.
- VOLUNTEER. If you wish to volunteer, please complete the “Volunteer Application and Consent Form” and/or “Driver Authorization form for Volunteer and Staff” and return them to an RDBS representative at least one week in advance of the Activity for Operator approval.
- I am available to be a volunteer and will complete the Volunteer Application and Consent Form and return to the Operator at least one week in advance of the Activity for Operator approval. – Yes/No
- I am available to be a volunteer driver and will complete the Driver Authorization form for Volunteer and Staff and return it to the Operator at least one week in advance of the Activity for Operator approval. -Yes/No
I CONFIRM THAT I AM THE PARTICIPANT, and I AM AT AN AGE OF LEGAL CONSENT, THAT I HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT BEFORE SIGNING IT. I ACKNOWLEDGE THAT I HAVE BEEN GIVEN THE OPPORTUNITY TO CONSULT A LAWYER FOR INDEPENDENT LEGAL ADVICE.
Participant Consent
| _________________________ Participant Name | __________________________ Participant Signature | ____________________________ Date (year/month/day) |
| __________________________ Cell | ____________________________ | |
| _________________________ Emergency Contact | __________________________ Cell | ____________________________ |
| Medical/physical conditions that may affect my participation (allergies, recent illness or injury, recent hospitalization or surgery, chronic conditions, phobias, etc.) include (be specific): _________________________________________________________________________________________________________________________________________ | ||
| Team Name (if applicable) ______________________ | ||
*This waiver must be completed prior to participation in RDBS events or utilization of equipment.
