RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

I, the undersigned, (on my own behalf, my child’s behalf, and on behalf of our heirs, personal representatives, successors, and assigns), for and in consideration of the opportunity to participate in the “Canoe Trip” (hereinafter “EVENT”) sponsored and/or conducted under the name of F3TCH and its affiliated entities and sponsors and their respective officers, directors, employees, volunteers, or agents (hereinafter “RELEASED PARTIES”) releases, holds harmless, and covenants not to sue the “RELEASED PARTIES” from any and all claims and demands, rights and causes of action of any kind whatsoever which I now have or later may have against the “RELEASED PARTIES” in any way resulting from, arising out of, or in connection with the performance and my participation in the “EVENT”.

This Release extends to any and all claims I or my child have or may later have against the “RELEASED PARTIES” resulting from or arising out of their performance of their duties whether or not such claims result from negligence (including gross negligence and negligent conditions) on the part of any or all of the “RELEASED PARTIES” with respect to the “EVENT” or with respect to the conditions, qualifications, instructions, rules, or procedures under which the “EVENT” is conducted.

 

I hereby agree to indemnify and save and hold harmless the “RELEASED PARTIES” and each of them from any loss, liability, damage, or cost they may incur arising out of or related to the event(s) whether caused by the negligence of the “RELEASED PARTIES” or otherwise.

I am a mature responsible adult and I have the full authority to sign this release not only on behalf of myself, but also on behalf of my minor child or children. I am familiar with the operation of canoes and fully understand the risks inherent with participating in water sports on rivers and other bodies of water.  I am voluntarily participating in the “EVENT” and I expressly agree to assume the entire risk of any accidents or personal injury, including death, which I or my child/children might sustain to my or their person and/or property as a result of our participation in the “EVENT” and any negligence (except willful neglect) on the part of any and all the “RELEASED PARTIES” in performing their duties during the “EVENT”.

I agree the Released Parties shall have the nonexclusive right (with the right of sublicense), at no additional expense and royalty-free basis and without further approval, to use my name, signature, voice, likeness, and photograph for licensing, advertising, and promotions (each which shall include all forms of media) and manufacturing, distribution, and sale of goods.

I expressly agree that this release is intended to be as broad and inclusive a release of liability as permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.  By signing the release, I certify that I have read this Release and fully understand it and that I am not relying on any statements or representations made by the “RELEASED PARTIES” regarding this “EVENT”.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FULLY AND UNDERSTAND ITS TERMS.  I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND BY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

 

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