POWELL RIVER KAYAK AND CANOE REGATTA LIABILITY RELEASE
Please read carefully. This is a release of liability and waiver of legal rights.
1. I acknowledge that use of a canoe or kayak (also referred to as "the Activity") is hazardous and involves the risk of physical injury or death. I assume all risks associated with the Activity including, but not limited to, varying water conditions, rapids, ledges, obstacles (such as but not limited to debris, trees, stumps and rocks), other canoes, kayaks and boats, other kayakers and water users, natural and manmade objects, varying weather conditions, varying water depth and currents, as well as on land risks at the starting and finish areas, and other risks both known and unknown. I hereby recognize and assume all such risks.
2. In consideration of my participation in the Powell River Kayak and Canoe Regatta ("the Regatta") on May 2, 2020 in Claiborne County, Tennessee including travel to and from the Regatta venue and including pre- and post-race activities (collectively called "the Event"), I hereby agree to release and hold harmless Claiborne County, Claiborne Economic Partnership, Claiborne County Chamber of Commerce, Claiborne County Tourism Commission, the Powell River Tourism Committee of the Claiborne County Tourism Commission, Claiborne County Emergency Services, The White Lightning Festival, Inc., Carson Williams dba Riverside Rentals and Well Being Foundation dba Well Being Retreat Center, their respective agents, directors, officers, owners, contractors, employees, and members (collectively "the Released Parties"), together with all volunteers acting on behalf of the released parties (collectively "the Volunteers") from any and all claims I might have as a result of my participation in the Event, including but not limited to claims of negligence, gross negligence, and/or breach of warranty. Additionally, I agree to indemnify the Released Parties and Volunteers for any and all claims whatsoever brought by a third party for any damage which I may cause while engaged in the Activity.
3. I understand and agree that I am responsible for any loss or damage to my boat, gear, equipment, electronic devices, watches, eyeglasses, clothing, or other personal property. I acknowledge that I have been advised that the use of a protective life jacket and river-shoes are mandatory and that the use of head gear is recommended.
4. I acknowledge that all decisions regarding the conduct and judging of the Event will be final and will not be subject to dispute. I acknowledge that the organizers of the Regatta reserve the right to cancel the 2020 Regatta in the event that the river (extreme high or extreme low water) or weather (lightning) is excessively dangerous, in their sole opinion. In such case, I understand that my entry fee be refunded. If the Regatta is cancelled for 2020, I understand that I hereby waive any and all rights of recourse against the Released Parties or the Volunteers except the right to be refunded my entry fee.
5. I represent that I am or will be at least 18 years of age as of May 2, 2020 and that I am of sound mind and capable of understanding the terms of this Release and Waiver or have sought legal counsel to advise me.
6. If I will be paddling in a double kayak or canoe, I represent that my paddling partner in the boat is at least 18 years of age and that he/she consents to, and is bound by, my representations and the terms of this Release and Waiver. Or, alternatively, if I will be paddling in a double kayak or canoe and my paddling partner is at least 14 years old but less than 18 years old on the day of the Event, I represent that I am my paddling partner’s parent or legal guardian and I agree that he/she is bound by my representations and the terms of this Release and Waiver. Children under 14 years of age are not permitted to be in any boat participating in the Event.
7. I understand and acknowledge that all entry fees once paid are non-refundable in all circumstances, except as provided in Paragraph #4 above.
8. I acknowledge that cell phone reception and road access possibilities are both very limited in the river canyon over the race course and that these conditions represent additional risks in the event I am injured during the Event. If I encounter an injured participant or boat in trouble during the race, I agree to offer assistance, or, at a minimum, call 911 when cell service is available and notify the next emergency services boat encountered, which may be stationed along the river. If I am forced to leave the river for any reason, I agree to call 911 to inform them immediately, or as soon as cell reception is available.
9. I understand that still photos, videos, and drone photography may be taken during the Event by event organizers or their volunteers. I consent that any photos/videos taken during the Event may by used by the Claiborne County Chamber of Commerce and Tourism Commission to publicize future Powell River related events. I waive any and all rights with regard to such photography and agree to hold harmless any and all volunteer photographers.
10. In exchange for allowing me to participate in the Event, I contractually agree that any and all dispute between myself and any Released Party or Volunteer arising from my participation in the Event, including claims for personal injury and/or death will be governed by the laws of the State of Tennessee and exclusive jurisdiction thereof will be in the Circuit Court of Claiborne County, Tennessee.
11. I agree that if any portion of this Release is found invalid or unenforceable, the remaining provisions will remain fully enforceable to the fullest extent allowed by law. This agreement is binding on my estate, heirs, administrators, and assigns.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND AGREE TO ITS PROVISIONS.
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