5280 REGATTA WAIVER, RELEASE AND INDEMNITY AGREEMENT In consideration for being given the opportunity to participate in the 5280 Regatta (the “Regatta”) sponsored by Rocky Mountain Rowing Club (the “Club”) and related Activities (as defined below), I agree to this Waiver, Release and Indemnity Agreement (“Agreement”) for myself, my personal representatives, assigns, heirs, and if applicable, minors for whom I am a parent or legal guardian.
- I ACKNOWLEDGE that my participation in the Regatta may include, but may not be limited to, the following water or land based activities: the sport of rowing (alone or with others) on the Cherry Creek Reservoir, travel to the Regatta, and Regatta-related activities in and around the Cherry Creek Reservoir (the “Venue”), e.g., unloading/loading boats and rowing equipment, moving boats and rowing equipment, etc. (each, an “Activity” or collectively, “Activities”).
- I ACKNOWLEDGE, agree and represent that I am over the age of 18 years, that I understand the nature of the Activities, and that I am qualified, in good health, and in proper physical condition to participate in the Activities. I certify that I (a) am able to swim 200 yards without stopping; AND (b) can tread water for 10 minutes unassisted; AND (c) have no known medical condition to prevent me from participating in the sport of rowing or participating in another Activity of my choice.
- I FULLY UNDERSTAND that: (a) participation in rowing and the Activities may involve risks and dangers of serious bodily injury, including, without limitation, contusions, concussions, hypothermia, exposure to and contraction of COVID-19 or other infectious diseases, drowning, disfigurement, or paralysis, or death (collectively, “Risks”); (b) these Risks may be caused by my own actions or inactions, the actions or inactions of others, failure of equipment owned by the Club or others (“Equipment”), Club facilities, weather, cold water, or other conditions in which an Activity may take place, or the negligence of others, including, without limitation, the Releasees named below; and (c) there may be other risks, including, without limitation, property, economic and non-economic injuries, damages or losses either not known to me or not readily foreseeable at this time.
- I AGREE AND WARRANT that I will examine and inspect (a) each Activity in which I take part, (b) the Venue and Club facilities, including, without limitation, the Club’s dock, and (c) all Equipment I use in connection with an Activity, and that if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will refrain from taking part in the Activity, or using the Venue, Club facilities or Equipment, until the condition has been corrected to my satisfaction.
- ASSUMPTION OF THE RISK. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS OF MY PARTICIPATION IN THE ACTIVITIES AND ALL RESPONSIBILITY FOR INJURY, DEATH, ILLNESS, PROPERTY DAMAGE, LOSSES, COSTS, AND OTHER DAMAGES THAT I MAY INCUR AS A RESULT OF MY PARTICIPATION IN ANY OF THE ACTIVITIES.
- WAIVER AND RELEASE OF CLAIMS (INCLUDING NEGLIGENCE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, I WAIVE, RELEASE, DISCHARGE AND COVENANT NOT TO SUE THE CLUB, ITS MEMBERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, VOLUNTEERS AND EMPLOYEES, AND IF APPLICABLE, OWNERS AND LESSORS OF PREMISES ON WHICH AN ACTIVITY TAKES PLACE OR REGATTA ORGANIZERS, ANY SPONSORS, ADVERTISERS (EACH, A “RELEASEE”), FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, JUDGMENTS, ORDERS, AWARDS, LOSSES, EXPENSES, COSTS, FINES, PENALTIES, CAUSES OF ACTION, DAMAGES OR SUITS AT LAW OR EQUITY OF WHATSOEVER KIND, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, THEFT, MEDICAL EXPENSES, LOSS OF SERVICES, OR ATTORNEY’S FEES (COLLECTIVELY, “LIABILITIES”), ON ACCOUNT OF OR IN ANY WAY RELATED TO, RESULTING FROM, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE ACTIVITIES, CLUB FACILITIES OR EQUIPMENT, OR CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CLUB OR A RELEASEE, INCLUDING, WITHOUT LIMITATION, NEGLIGENT RESCUE OPERATIONS (COLLECTIVELY, “WAIVED CLAIMS”).
- INDEMNITY. I will defend, indemnify and hold harmless the Club and each Releasee from all Liabilities to the extent they arise directly or indirectly from or in connection with any Waived Claims, including, without limitation, litigation expenses, attorney fees, losses, damages, or costs which the Club or any Releasee may incur as a result of such claim.
- PARTICIPANT CONSENT. I have read this Agreement, fully understand it terms, understand that I have given up substantial rights by signing it. I affirm that I have signed this Agreement freely and without any inducement or assurance of any nature and I intend it to be a complete and unconditional release of all Liabilities to the fullest extent allowed by law. I agree that, if any portion of this Agreement is held to be invalid, the remaining provisions hereof shall continue in full force and effect.
- PHOTO RELEASE. I hereby grant my specific permission to the Regatta sponsor, its directors, officers, employees, volunteers, regatta organizers, sponsors, advertisers, participants, patrons, agents, licensees, affiliates and assigns a fully paid-up, non-exclusive, worldwide right and license to use, display or otherwise exploit my name, nickname, voice, photograph, statements, biographical information, and likeness, as well as images of me in motion picture, videotape, electronic, and similar formats ("My Image"), so long as My Image relates to my participation in the Regatta, whether in original or modified form. I waive any rights of privacy.
- PARENTAL/GUARDIAN CONSENT. I, as parent or legal guardian of a minor (each, a “Minor”), understand the nature of rowing and the Minor's experience and capabilities. I affirm that the Minor is qualified to participate in such activity. I will follow the Club’s Rules and Policies regarding Minors located in the Handbook for Membership. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ON BEHALF OF THE MINOR, I WAIVE, RELEASE, DISCHARGE AND COVENANT NOT TO SUE THE CLUB AND ANY RELEASEE FROM ANY AND ALL LIABILITIES ON ACCOUNT OF OR IN ANY WAY RELATED TO, RESULTING FROM, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE ACTIVITIES, CLUB FACILITIES, OR EQUIPMENT, OR CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CLUB OR A RELEASEE, INCLUDING, WITHOUT LIMITATION, NEGLIGENT RESCUE OPERATIONS. Further, on behalf of the Minor, I will defend, indemnify and hold harmless the Club and each Releasee from all Liabilities to the extent they arise directly or indirectly from or in connection with any Waived Claims, including, without limitation, litigation expenses, attorney fees, losses, damages, or costs which the Club or any Releasee may incur as a result of such claim.
Today's date: May 8, 2026
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