PLEASE READ AND PROVIDE SIGNATURE OF ACCEPTANCE:
In consideration of being allowed to participate in any way in the athletic sports programs and other events and activities of the Annapolis Dragon Boat Foundation, Inc. (“ADBF”) whether such events and activities are on the water or on land, controlled directly or indirectly by ADBF or by others (collectively, the “Activities”) , the undersigned participant (“I” or the “Participant”) acknowledges, appreciates, and hereby agree as follows:
1. I agree to indemnify and hold harmless the Annapolis Dragon Boat Foundation, Inc, sometimes also known as the Annapolis Dragon Boat Club, and its officers, directors, members, volunteers, agents, employees, other participants, sponsoring agencies, contractors, and, if applicable, owners and lessors of premises used to conduct the Activities (collectively, the “Indemnified Parties”), from and against all costs, expense, or other liability related to my involvement in the Activities. I further acknowledge that the risk of injury from the Activities 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 and/or loss or damage to property does exist; and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE INDEMNIFIED PARTIES or others, and I assume full responsibility for my participation. I willingly agree to comply with the customary terms and conditions for participation in the Activities, whether such terms are written or oral.
2. If, however, I observe any unusual or otherwise significant hazard during my presence or participation in the Activities, I will remove myself from participation and bring such to the attention of the nearest official of ADBF immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE INDEMNIFIED PARTIES OR OTHERWISE.
3. I agree, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin not to sue any of the Indemnified Parties, not to initiate prosecution of any claim for damages or cause of action which I or my heirs, assigns, personal representatives, and next of kin may have by reason of or arising from any of the Activities.
4. I further understand and agree that this Liability Release and Waiver Agreement is intended to be as broad and inclusive as is permitted by applicable law and that, if a portion thereof is held invalid, I agree that the balance shall continue in full legal force and effect. The provisions hereof shall be governed and construed in accordance with the laws of the State of Maryland.
5. I am also aware and agree that photographs and videos including my likeness may be taken during Activities and may be posted to the ADBF website or social networking sites and may be used for publicity and training purposes by ADBF, and I hereby consent to the use of my likeness by ADBF without compensation.
6. I knowingly accept any and all risks associated in participating in the ADBC activities to include those associated with the COVID-19 virus and its transmission profile, I further release ADBC from any and all responsibility or liability associated with the COVID-19 virus. I waive any and all claims I may ever perceive to have against ADBC, its volunteers, or other participants in regard to the COVID-19 virus. I agree to abide by all ADBC policies and procedures as well as any and all COVID-19 related regulations/guidelines set forth by government and health officials.
I HAVE READ THIS RELEASE OF LIABILITY AND WAIVER 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. I FURTHER UNDERSTAND THAT THIS LIABILITY AND WAIVER AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL I TERMINATE IT BY WRITTEN NOTICE DELIVERED TO ADBF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AT PO BOX 6596, ANNAPOLIS MD 21401.
This is to certify that I, as parent/guardian with legal responsibility for the “Participant”, do hereby consent and agree to the Liability Release and Waiver Agreement executed by Participant (or by me as parent/legal guardian on behalf of Participant) of even date herewith, including, without limitation, the indemnification and release of the Indemnified Parties as set forth therein. On behalf of myself, my heirs, assigns and next of kin, I hereby release and agree to indemnify and hold harmless the Indemnified Parties (as defined in the Liability Release and Waiver Agreement) from and against any and all costs, expenses, and liabilities incident to the Participant’s involvement or participation in the Activities, EVEN IF ARISING FROM THE NEGLIGENCE OF THE INDEMNIFIED PARTIES OR OTHERWISE, to the fullest extent permitted by law.
