Waiver of Liability Palm Beach RSL Sub-Branch – Watercraft Use Waiver of Liability Participant Waiver & Release of Liability – Kayaking and Paddle Craft Activities This Waiver is entered into by the undersigned participant (the “Participant”) and the Palm Beach RSL Sub-Branch (the “Organization”) regarding the voluntary, unsupervised use of kayaks, paddleboards, and related equipment (the “Activities”) provided free of charge by the Organization. 1. Acknowledgement of RisksThe Participant acknowledges that participation in kayaking, paddleboarding, and other watercraft activities involves inherent risks including, but not limited to: - Drowning, impact with submerged objects, sudden weather changes, or watercraft collisions
- Exposure to sun, heat, cold, or waterborne illness
- Malfunction or improper use of equipment
These risks may result in injury, illness, property damage, disability, or death. 2. Assumption of RiskThe Participant voluntarily assumes full responsibility for all known and unknown risks associated with the Activities, including participation by any accompanying individuals under their care (e.g. children, family members, or guests). 3. Equipment and Life Jacket UseThe Participant agrees to wear a properly fitted and fastened approved life jacket or personal flotation device (PFD) at all times while using the watercraft. They acknowledge that failure to do so increases the risk of injury or death and absolves the Organization of any liability related to non-compliance.
4. Supervision and ResponsibilityParticipants under the age of 18 must be actively supervised by a responsible adult. The undersigned accepts full responsibility for the actions and safety of any minors or guests under their care. 5. Waiver and ReleaseThe Participant, on behalf of themselves and any accompanying individuals, fully releases and discharges the Palm Beach RSL Sub-Branch, its volunteers, sponsors, donors, and affiliated entities from any liability, claims, demands, or causes of action, whether in contract, tort, or otherwise, for any loss, injury, or damage, including death, arising from participation in the Activities. 6. IndemnificationThe Participant agrees to indemnify, defend, and hold harmless the Organization from any and all claims, actions, damages, costs, or expenses (including legal fees) brought by any third party in connection with their or their guests’ participation. 7. Medical Treatment ConsentThe Participant authorizes the Organization to secure medical treatment in the event of an emergency and agrees to assume full responsibility for all associated costs. 8. Fitness to ParticipateThe Participant confirms they are in good physical condition and not aware of any condition that would prevent safe participation. They are not under the influence of drugs or alcohol. 9. Media Release (Optional)The Participant consents to the use of photos or video taken during the use of the Activities for promotional or informational purposes by the Organization, unless otherwise indicated in writing. Yes I Agree 10. Governing LawThis Waiver shall be governed by and construed in accordance with the laws of New South Wales, Australia, and any disputes shall be resolved under its jurisdiction. 11. SeverabilityIf any provision in this Waiver is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Date: June 20, 2025 |