RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of being allowed to participate as a Escort/Safety Boat Boat Owner, Captain or Crew Member in the Southern California Outrigger Racing Association (“SCORA”), its events and/or its member clubs’ programs, I hereby fully release from liability and waive all claims against SCORA, its member clubs, their respective officers, DIRECTORS, coaches, volunteers, COORDINATORS AND ALL CLUB members who engage in these activities (hereinafter the “Released Parties”). This waiver and release shall remain in full force and effect from the date it is signed until it is superseded by a new written agreement signed by me. This waiver and release applies to all official and unofficial competitions, practices, as well as all social, charitable and/or fundraising activities engaged in by SCORA and/or any of its member clubs. It shall apply to all claims that may arise because of any mental and/or physical injury, disability and/or death, suffered by me, or any member of my family. I also release all claims against the Released Parties that may arise because of any loss, damage and/or destruction of my property. I intend that these releases shall fully bind my estate, heirs, survivors and/or assigns and that they shall be effective to the fullest extent permitted by law.
ASSUMPTION OF RISK
I understand and accept that there are any number of risks, both known and unknown, that may be encountered by me in these activities. I am fully aware of, and responsible for, my own health condition and/or any physical limitations I may have, both known and unknown, that may place me at risk with respect to these activities. With these understandings in mind, I FULLY ACCEPT AND ASSUME ALL RISKS that are associated with, or may be encountered by me, while participating in these activities.
ESCORT/SAFETY BOATY OWNER, CAPTAIN AND CREW RESPONSIBILITIES
As an Escort/Safety Boat Owner, Captain and/or Crew Member, I acknowledge and represent the following:
1. My vessel is sea-worthy and is in full compliance with all Federal, United States Coast Guard and State of California requirements for a vessel of its type and size.
2. My vessel is complete with all mandated USCG required safety equipment, including, but not limited to, USCG approved personal flotation devices in a number sufficient to cover all persons on board, to include the captain and crew, all paddlers while on board, as well as their coach and/or assistants.
3. My vessel is covered by insurance, including but not limited to liability coverage in a minimum amount of $300,000 for bodily injury and property damage, per person and in aggregate. A copy of the Declarations page from my current policy is attached hereto.
4. As the captain of the vessel, I certify that, at a minimum, I have obtained a certificate of completion from a National Association of State Boating Law Administrators (NASBLA) approved course on the safe use and operation of a power-driven vessel. A copy of this certificate, my California Boater Card, or proof of other qualification is attached hereto.
5. My vessel is equipped with a properly functioning, mounted (not handheld) VHF radio and I will carefully monitor all safety broadcasts throughout my participation in these events.
6. I certify that I have fully familiarized myself with the responsibilities I will be undertaking in this role and I represent that I am in sufficient health; I possess sufficient knowledge of my vessel and its capabilities; and I will familiarize myself with the anticipated environmental conditions before the event begins.
7. So long as reasonably prudent under the circumstances, I will comply with all policies, procedures and/or directions provided to me by the event directors or event safety crews. However, I acknowledge that I am responsible for the immediate direction and conduct of my vessel, it is under my direct control and I am solely responsible for its conduct.
8. I fully recognize that I am acting as a volunteer and an independent contractor. I will not receive any wages and that I will not be covered by any insurance other than my own. This includes, but is not limited to liability, property, medical and/or worker’s compensation insurance.
9. If involved an accident, I agree to promptly complete an Incident Report in a form required by SCORA and I agree to fully cooperate in any investigation and/or review of this accident.
I agree to fully hold harmless and to defend and indemnify the Released Parties from all claims, including all costs incurred in defending against said claims, that arise from, or are related to my own actions or inactions, or any injuries I may cause or incur, during my participation in these activities. This shall also include, but is not limited to, any costs or fees that may be associated with emergency response providers, emergency care services and/or medical transport providers.
I understand that I and/or my vessel may be photographed, filmed or otherwise recorded during these activities. I agree to allow my image, actions and voice to be so recorded and I agree that these recordings may be used by SCORA and/or its member clubs for any educational, promotional, social and/or non-profit purpose related to this sport and these activities, in digital, online or print format, without compensation, indefinitely, and without the need for further permission or licensing from me.
I agree that any action arising out of, related to my participation in these activities, or relating to the interpretation or enforcement of this Agreement must be filed in the California Superior Court of Orange County and that it will be interpreted solely in accordance with California law. The only exception to this rule shall be that if I file suit against any of the member clubs without filing suit directly against SCORA, then I acknowledge that the suit must be filed in the California Superior Court of the county where the primary defendant member club is located.
I have fully read and understand both pages of this document and I am signing it voluntarily, without relying on any other oral or written representations or statements not included herein. I RECOGNIZE THAT BY SIGNING THIS DOCUMENT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I AM SIGNING THIS DOCUMENT OF MY OWN FREE WILL AND I INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY IN FAVOR OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED BY LAW.
Dated: September 26, 2023