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 April 29, 2017 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 County Chamber of Commerce, Claiborne County Tourism Commission, the Claiborne Economic Partnership, the Powell River Tourism Committee of the Claiborne County Tourism Commission, The White Lightning Festival, Inc., Carson Williams dba Riverside Rentals and Well Being Foundation dba Well Being Conference 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 or which the other person 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 throughout the race is mandatory, the use of river shoes is required, and that the use of protective 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 reschedule the Regatta in the event that the river (extreme high or extreme low water) or weather (lightning) may be of unusual danger, in their sole opinion. In such case, I understand that I will be entered automatically to participate in the re-scheduled event, unless I request, in writing, that my entry fee be refunded. If the Regatta is rescheduled, 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 at least 18 years of age as of April 29, 2017 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 am competing 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. Further, your paddling partner in a double kayak or canoe may be 16 or 17 years old by April 29, 2017 ("Race Day") if you are that child's parent or legal guardian and will be in the same boat with that child. As parent or legal guardian, you will be required to sign a separate waiver on Race Day upon sign-in for your 16 or 17 year old. Paddling partners who will be 18 years and older on Race Day will also be required to sign a waiver on Race Day at sign-in.
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 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 if I can do so without endangering myself or others, or, at a minimum, I agree to call 911 when cell service is available and notify the next emergency services boat encountered, which will be stationed periodically 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 or other phone service is available.
9. 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.
10. 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.