YOUR SAFETY IS OUR PRIMARY PRIORITY.
PLEASE READ THIS DOCUMENT (THE "WAIVER AGREEMENT") CAREFULLY BEFORE SIGNING. THIS WAIVER AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY (AND THAT OF YOUR RELATIVES) TO HOLD BAYKEEPER RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR PERSON OR PROPERTY (OR TO YOUR MINOR'S PERSON OR PROPERTY) AND WILL LIMIT OR ELIMINATE THE ABILITY TO BRING A FUTURE LAWSUIT AGAINST ANY ENTITIES INVOLVED WITH THIS EVENT.
I, the undersigned, being of lawful age and legal competency to sign this Waiver Agreement, or being the lawful parent or legal guardian of a minor, understand and acknowledge that I am, on behalf of myself or my minor, legally agreeing to the statements in the following paragraphs of this Waiver Agreement by typing my full name below and that these statements are being accepted by San Francisco Baykeeper ("Baykeeper") in consideration for permitting me or the minor for whom I am responsible to participate in this event. I also understand that I am or my minor is voluntarily opting to participate in this event and further understand and acknowledge that my statements are being relied upon by every officer, agent, employee, staff, event sponsor, partner, vendor, contractor, organizer, administrator, volunteer and other parties related to this event, defined as the "Released Parties."
1. Dangerous activity: I acknowledge that swimming, paddling, kayaking, rowing, surfing, sailing, and all other activities on or near the water in San Francisco Bay are an extreme test of a person's physical and mental limits and carry with them the potential for death, serious injury, and/or property damage.
2. Personal fitness: I acknowledge and agree that it is my responsibility to determine whether I am or my minor is sufficiently fit and healthy enough to safely participate in this event, and I hereby notify Baykeeper and attest and certify that I am or my minor is sufficiently fit and physically trained to participate in this event accordingly. I or my minor have no physical or medical condition which would endanger myself/themselves or others if I or my minor participate in this event nor do I or my minor have any conditions that would interfere with an ability to safely participate in this event. If my conditions or my minor's conditions should change, I will immediately withdraw my/their plans to participate in the event and will notify Baykeeper within 24 hours, or as soon as possible prior to the start of the event, if the changed condition occurs less than 24 hours before the start of the event.
3. Equipment and conduct: I accept sole responsibility for the condition and adequacy of my/my minor's equipment, the equipment rentals, and my/my minor's conduct in connection with the event. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the event, and I recognize that consumption of alcohol and/or drugs might impair my judgment and/or motor skills. I assume full responsibility for any injury, loss or damage to my/minor's equipment and equipment rentals, as well as for that associated with my/my minor's conduct, including any conduct caused by consumption of alcohol and/or drugs.
4. Assumption of risks: I acknowledge and ASSUME ALL OF THE RISKS and dangerous aspects of swimming, paddling, kayaking, rowing, surfing, and sailing in San Francisco Bay. I acknowledge that open water swimming, paddling, kayaking, rowing, surfing, sailing, and all other activities on or near the water in San Francisco Bay are inherently dangerous, and I understand that I or my minor will be participating in the event at my/their own risk, that I am responsible for the risk of participation in the event, and that I am waiving and releasing my legal rights to sue for any injury or damages arising to my person or my property or my minor's person or property out of or resulting from my/minor's participation in the event. I further understand and acknowledge that any injury or damages incurred to my/my minor's person or my/my minor's property may be the result of negligence, omission or carelessness by the Released Parties. Despite these risks, I the undersigned wish to proceed and freely accept and expressly assume all risk, dangers and hazards that may arise to my/my minor's person or my/my minor's property from participation in the event.
5. Waiver and release of litigation: On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, and anyone else who might sue on my behalf (defined as "Assigns"), I HEREBY INDEFINITELY WAIVE, RELEASE, and FOREVER DISCHARGE Baykeeper, any event producers, sponsors, staff, officials, contractors, vendors, and all other persons or entities involved with this event, including states, cities, towns, and other governmental bodies and locations in which this event or portions of which take place, and other Released Parties, from any and all claims, causes of action, damages, losses (economic and non-economic), and liabilities of every kind (collectively "Claims"), for death, personal injury, or property damage, which may arise out of, result from, or relate to my/minor's participation in, or my/minor's traveling to or from this event, including but not limited to any Claims for theft, damage to any equipment, negligence, partial or permanent disability, Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (on the event route or elsewhere), and any Claims for medical or hospital expenses.
6. Covenant not to sue: I and my Assigns FURTHER COVENANT and AGREE NOT TO SUE indefinitely any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I and my Assigns AGREE TO INDEMNIFY and HOLD HARMLESS indefinitely the Released Parties from any and all expenses incurred, Claims made, or liabilities assessed against them, including but not limited to attorneys' fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Waiver Agreement, and my/my minor's actions or inactions which cause injury or damage to any other person.
7. Inspection: I AGREE that prior to participating in this event, I will inspect the event course, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the event organizer[s].
8. Photo release: I FURTHER GRANT to the event organizer[s] the right, permission, and authority to use my/my minor's name, picture, or photograph in any advertisement, promotion, or other account of the event, and I WAIVE any rights to current or future compensation to which I or my minor might otherwise have been entitled for such use.
9. Parent/Legal guardian: The parent or legal guardian who signs the Waiver Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter "Said Person"), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to this Waiver Agreement. The parent or legal guardian who signs the Waiver Agreement, and their Assigns, agree to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of the Waiver Agreement.
10. Event cancellation: By signing this Waiver Agreement, I hereby acknowledge that I fully understand there are no guarantees Mother Nature will cooperate with our event plans on the day of the event. San Francisco Bay events routinely have been canceled due to adverse weather conditions (i.e., impenetrable fog, gale force winds, 4-foot chop, and unpredictable currents caused by excessive rain run-off). Accordingly, it shall be the option of the event organizer[s] to cancel the event if in their judgment on the event date, for whatever reason[s], the conditions of the event do not offer sufficient safety and security to the participants. I acknowledge that should such cancellation occur, the event organizer(s) shall not be responsible for refunding registration fees or fundraising donations and shall not be liable for any other expenses incurred (e.g., travel or equipment rental) related to event cancellation.
I hereby acknowledge that I understand that the terms herein are contractual and not a mere recital, and that I have signed this Waiver Agreement of my own free will and with the knowledge that I and my Assigns hereby agree to waive my/minor's legal rights. If any provision of this Waiver Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver Agreement and shall not affect the validity and enforceability of any remaining provisions.