In consideration for the opportunity to participate in the Red River Paddle Challenge, which includes paddling, kayaking, canoeing, stand up paddleboarding, dragon boating, or any related activity (“paddlesports”), I HEREBY ACKNOWLEDGE, APPRECIATE AND AGREE THAT:
1. I assume all risk and release and hold harmless Red River Paddle Challenge, Red River Paddle Challenge Organizers and their officers, directors, employees, representatives, agents, volunteers, premises and vessels (collectively, the “Releasees”) from any legal or equitable claims, demands, debts, law suits or causes of action that I, my estate, heirs, survivors, executors, or assigns may have had in the past, have now or may have in the future for any and all injury, disability, death, loss or damage to person or property, howsoever caused, including but not limited to the risks described in paragraphs 3, 4, 5 and 6 of this Agreement, or by negligence, gross negligence, breach of contract or breach of any duty imposed by the common law or statute.
2. By entering into this Agreement, I am not relying on any oral or written representations made by the Releasees, other than what is set out in this Agreement. This Agreement is the entire agreement on liability between the Releasees and the signing party (“Releasor”). No other terms may be incorporated into this Agreement. If any provision of the Agreement is found to be unenforceable, the remaining terms shall be enforceable. Litigation arising from this Agreement will be commenced in the province of Manitoba where the activity was undertaken in.
HAZARDS AND RISKS ASSOCIATED WITH PADDLESPORTS OR THE RED RIVER PADDLE CHALLENGE
3. Risk of injury from the activity and equipment utilized in paddlesports, swimming, and related land or water activities is significant and includes the potential for broken bones, drowning, injuries related to exposure to natural elements, contagions and man-made pollutants, severe injuries to the head, neck, and back, or other bodily injuries that may result in permanent disability or death.
4. Potential causes of injury include, but are not limited to rolling over or sinking of a vessel, whether intentional or unintentional; water hydraulics, rapids, currents, swells, waves, water/wetness, debris, cold weather, cold water, lightning or other natural forces; camping, animal attacks, portaging or other similar activities; my own negligence or the negligence of others, including that of the Releases, which may include misjudgments of terrain, rapids, weather or route choice.
5. I understand that this description of potential risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
6. I acknowledge and understand that exposure to disease causing organisms, such as COVID-19, and personal contact with others, including but not limited to participates, non-participants, organizers, volunteers, onlookers and other individuals in the race course involves a certain degree of risk that could result in illness, permanent disability or death. I acknowledge that Red River Paddle Challenge has not screened or tested any of the aforementioned individuals for such diseases. After fully and carefully considering all the potential risks involved, I hereby assume the same and agree to release and hold-harmless Red River Paddle Challenge and its employees, officers, agents, volunteers, vendors and contractors from and against all claims and liability resulting from exposure to disease causing organisms such as COVID-19.
IMAGE RELEASE I hereby release to the Red River Paddle Challenge the exclusive right to reproduce for advertising, trade, exhibition, or training purposes, the videotape and/or slides, photographs and film or reproduction thereof shall remain vested with the Red River Paddle Challenge.
I confirm that I have had sufficient time to read and understand this waiver in its entirety, and have agreed to the terms freely and voluntarily without inducement. I understand that this waiver is binding on me, my heirs or assigns, and my legal representatives.
If you have any relevant medical conditions, please inform the Red River Paddle Challenge volunteers.