A YEARLY WAIVER MUST BE SIGNED FOR ADULTS and MINORS BEFORE ANY PERSON IS ALLOWED TO PARTICIPATE IN OUR PROGRAMS OR GO ON THE WATER
READ before signing:
In consideration of being permitted to participate in any way in the Yonkers Paddling and Rowing Club (hereafter YPRC) sports and recreation programs and related activities(Activities) I, for myself, my personal representatives, assigns, heirs and next of kin:
1. Acknowledge, agree and represent that I understand the nature of paddle sports and related activities and that I am qualified, in good health, in proper physical condition to participate in such activity and willingly agree to comply with the stated and customary terms and conditions of participation. I further agree and warrant that if at any time I believe conditions are to be unsafe, I will immediately discontinue further participation in the Activity. If I decide to leave early and not complete the trip/Activity as planned, I assume all risks inherent in my decision to leave.
2. Fully understand that: a) Paddle sports and related activities INVOLVE RISKS AND DANGERS OF DAMAGE TO PERSONAL PROPERTY AND SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); b)these Risks and dangers may be caused by my own actions or inactions, the actions and inactions of others participating in the Activity, the condition in which the Activity takes place, or the NEGLIGENCE OF THE “RELEASEES’ NAMED BELOW; C)there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable
at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation or threat of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE THE YPRC, their directors, agents, officers, members, instructors, volunteers, employees, other participants, any sponsors, advertisers and, if applicable owners and lessors of premises on which the ACTIVITY takes place,(each considered one of the Releases herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGES TO PROPERTY, OR OTHER DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PARTBY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE , INCLUDING
NEGLIGENT RESUE OPERATIONS; AND I FURTHER AGREE that if. Despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK , AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the releases, I will INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
4. Specifically relating to the global COVID-19 pandemic, I acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk of exposure or infection by attending any official YPRC sanctioned Event or Activity ( Hereinafter “Event or Activity ” ) and further acknowledge that such exposure or infection may result in personal injury, illness, disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 at any Event or Activity may result from the actions, omissions, or negligence of others who may attend or participate at the Event or Activity , or their families, colleagues, or others with whom they may have contact. Accordingly, I understand and agree that this Release includes any claims based on the actions, omissions, or negligence of YPRC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the Event or Activity.
In addition to all other rules and regulations relating to my attendance and participation at any Event or Activity, I agree to comply with all COVID-related procedures that may be implemented by YPRC, including, but not limited to, mask-wearing and social distancing requirements and restrictions on certain activities that carry higher COVID-related risk, in order to protect as much as possible the health and safety of all Event and Activity attendees.
5. The signed individual hereby grants Yonkers Paddling and Rowing Club and all partners, sponsors and affiliates the permission to use my likeness in any method they deem necessary, including for marketing purposes.
6. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING SHALL CONTINUE IN FULL FORCE AND EFFECT.