This document affects your legal rights: Read ALL of this Agreement carefully before signing.
ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following activity: Rowing (hereinafter referred to as "the Activity"), which is organized by Watuppa Rowing Center, a 501(c)(3) organization (hereinafter referred to as "WRC").
In consideration of the permission to participate in the Activity, I agree to the terms contained in this document.
The Activity is inherently hazardous, and I may be exposed to dangers and hazards, including some of the following: unpredictable ocean or river currents, lightning, hypothermia, hostile or aggressive wildlife, drowning, death, falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, equipment failures, or my failure to wear a personal flotation device or use other protective gear, and negligence of others;
As a consequence of these risks, I may be seriously hurt or disabled or may die from resulting injuries, and my property may also be damaged;
Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Activity; and WRC assumes no responsibility for providing medical care during the Activity, and I will have to pay for any medical care and/or evacuation that I incur.
I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity - including any injury or loss caused by the negligence of WRC, its employees,agents and officers, its contractors, and other Activity participants.
I also understand that any equipment that I provide or may borrow or rent from WRC or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
I hereby RELEASE WRC, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, land owner, municipal or governmental providers of use permits, and their respective employees, officers, and directors("the Released Parties") FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity. Any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the Superior Court of Bristol County in Fall River MA, or in the U.S. District Court for the Commonwealth of Massachusetts in Boston, Massachusetts and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforce-ability of this agreement is contested, I agree that the non-prevailing party will pay all attorney's fees and costs of the parties seeking to uphold the agreement.
I hereby authorize Watuppa Rowing Center, hereafter referred to as “WRC,” to publish photographs taken of me for use in the WRC’s print, online, social media, and video-based marketing materials, as well as other WRC and partner publications. I hereby release and hold harmless WRC from any reasonable expectation of privacy or confidentiality associated with the images specified above. I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other WRC publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever. I hereby release WRC and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.