IN CONSIDERATION of being permitted to participate in any way in the Schuylkill River Sojourn (”Sojourn”), SCHUYLKILL RIVER GREENWAY ASSOC. (SRGA), its officers, administrators, directors, agents, members, volunteers and employees (“Releasees”), and intending to be legally bound hereby, I, (“Releasor”), for myself and my executors, administrators, personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree and represent that I understand the nature of the Sojourn and that I am qualified, in good health, and in proper physical condition to participate in the Sojourn. I further acknowledge that the Sojourn will be conducted over the Schuylkill River, and possibly other public waterways of the Commonwealth of Pennsylvania and other facilities open to the public during the Sojourn and upon which the hazards of traveling are to be expected. I further agree and warrant that if, at any time, I believe conditions to be unsafe. I will immediately discontinue further participation in the Sojourn.
2. FULLY UNDERSTAND that (a) BOATING AND AQUATIC ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions or inactions of others participating in the Sojourn, the conditions in which the Sojourn 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 ADKNOWLEDGE THAT I AM RESPONSIBLE FOR LOSSES, COSTS, AND DAMAGES I may incur as a result of my participation in the Sojourn.
3. Releasor acknowledges that novel coronavirus (“Covid-19”) infections have been confirmed throughout the United States as well as within the county and region in which the activities listed above will occur. Releasor further acknowledges that participating in such activities comes with the inherent risk of contracting Covid-19 from SRGA staff, other participants or the general public. Releasor agrees to adhere to all Covid-19 related protocol and restrictions in place as promulgated by the Commonwealth of Pennsylvania and required by SRGA.
4. HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE the SRGA, its respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Sojourn takes place, (each considered one of the “REALEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. And, I FURTHER AGREE that if, despite this RELEASE and WAIVER OF LIBILITY, ASSUMPTION OF RISK, AND INDEMITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
5. I AM 18 YEARS OLD OR OLDER, HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNED IT VOLUNTARILY AND WITHOUT ANY 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. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
6. I hereby grant my permission for my photograph to be taken during my participation in the Sojourn and for any photographs taken to be utilized in any commercial or non-commercial published materials.
7. In the event of an emergency, I authorize the Releasees and all representatives and/or employees of the Bad Adventure Company or Take it Outdoors Adventures to provide or obtain medical for me as they consider necessary and appropriate and I agree to pay any and all costs associated with said care and any related medical or emergency transportation.
Today's Date: January 24, 2021