The 5280

  • Hosted By: Rocky Mountain Rowing Club
  • 2022 Registered Regatta

 

The 5280 Regatta 10/09/2022

All participants must be Members of US Rowing or Members of US Rowing Organizations

ROCKY MOUNTAIN ROWING CLUB WAIVER, RELEASE AND INDEMNITY AGREEMENT

 

In consideration for being given the opportunity to participate in the Rocky Mountain Rowing Club (the “Club”) and Activities (as deOined below) of the Club, 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.

 

1.I ACKNOWLEDGE that my participation in the Club may include, but may not be limited to, the following water or land based activities: the sport of rowing (alone or with others), Club-sponsored events, travel to regattas or other events, and Club-sponsored volunteer events (each, an “Activity” or collectively, “Activities”).

 

2.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  qualiOied,  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.

 

3.I FULLY UNDERSTAND that: (a) participation in rowing and Club 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,  disOigurement,  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.

 

  1. I AGREE AND WARRANT that I will examine and inspect (a) each Activity in which I take part, (b) 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 such Club facilities or Equipment, until the condition has been corrected to my satisfaction. I FURTHER AGREE AND WARRANT that I will adhere to the Club Cold Water Temperature Rules located in the Handbook for Membership and posted in the Club’s boathouse, on iCrew, and available upon request from the Club.

 

  1. 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.

 

  1. 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 PARTICIPATING 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”).

 

  1. 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.

 

  1. PRIVATE BOAT AND EQUIPMENT OWNERS.     I afOirm and understand that it is advisable to procure adequate property insurance coverage for any Private Equipment stored at the Club’s boathouse. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, I RELEASE, WAIVE, AND DISCHARGE FROM ANY LIABILITY, AND COVENANT NOT TO SUE THE CLUB OR ANY OF THE RELEASEES, FOR ANY LOSS, THEFT, DAMAGE, OR DESTRUCTION OF OR TO MY PRIVATE EQUIPMENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE CLUB OR A RELEASEE, BY EVENTS OUTSIDE OF THE CONTROL OF THE CLUB OR A RELEASEE (e.g., FIRE OR OTHER CASUALTY), OR OTHERWISE. I ACKNOWLEDGE THAT THE CLUB AND THE RELEASEES DO NOT GUARANTEE THE SECURITY OF MY PRIVATE EQUIPMENT BEING STORED AT THE CLUB BOATHOUSE AND WHILE MY PRIVATE EQUIPMENT IS BEING STORED, I AGREE TO ASSUME FULL RESPONSIBILITY FOR AND RISK OF LOSS, THEFT, DAMAGE OR DESTRUCTION THEREOF.

 

  1. CLUB RULES, POLICIES AND PROTOCOLS. If I store a boat and/or other equipment owned by me (“Private Equipment”) at the Club’s boathouse, I understand that I am expected to follow the safety guidelines published by the Club, located in the Handbook for Membership. I also agree to review and abide by the rules and protocols published and updated from time to time by the Club on the Rocky Mountain Rowing Club Home Page of the iCrew website (www. https://www.icrew.club/logon).

 

  1. PARTICIPANT CONSENT. I have read this Agreement, fully understand it terms, understand that I have given up substantial rights by signing it.   I afOirm 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.

 

  1. GUEST PARTICIPANTS. I understand that if I bring a guest to the Club’s boathouse to participate in rowing, I must ensure that that person is over 18 years of age and signs the US Rowing Waiver located in the boathouse. If I bring a minor (under the age of 18) to the Club’s boathouse to participate in rowing, , I will ensure that such minor’s parent or legal guardian signs the US Rowing Waiver on the minor’s behalf. I further understand that the guest or minor is my responsibility while rowing, while at the Club’s Boathouse or while participating in any Activity.

 

  1. 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 afOirm that the Minor is qualiOied 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.

2022 Registered Regatta

For Membership and Waiver instructions, contact USRowing at [email protected] or this link.