Missouri Whitewater Association (“MWA”) Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”)
IN CONSIDERATION of being permitted to participate in any MISSOURI
WHITEWATER ASSOCIATION (“MWA”) sponsored Whitewater Activities
(“Activity”), I for myself, my personal representatives, assigns, heirs and next of kin:
1. ACKNOWLEDGE, AGREE AND REPRESENT that I understand the nature of Whitewater Activities and that I am qualified to participate in such Activity. I further acknowledge that the Activity may be conducted on public waterways and other facilities open to the public during the Activity and upon which the hazards of paddling a boat, such as a canoe, kayak, or raft are to be expected. I further agree and warrant that if at any time I believe conditions to be beyond my ability, I will discontinue further participation in the Activity as soon as practicable.
2. FULLY UNDERSTAND that: a. WHITEWATER ACTIVITIES INVOLVE RISKS AND DANGER OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”)
b. These Risks and dangers may be caused by my own actions, or in-actions, the actions or in-actions of others participating in the Activity, the conditions
under which the Activity takes place, or THE NEGLIGENCE OF THE
RELEASEES NAMED BELOW: c. There may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.
3. HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS MWA and its directors, officers, agents, members and other participants, any sponsor, advertiser, and if applicable owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING FAILED RESCUE OPERATIONS. ALL MWA ACTIVITY PARTICIPANTS ARE EXPECTED TO WEAR HELMETS AND PERSONAL FLOTATION DEVICES AND TO CARRY SAFETY EQUIPMENT APPROPRIATE TO THE DEGREE OF DIFFICULTY OF THE WHITEWATER PERSONAL FLOTATION DEVICES ARE EXPECTED ON ALL FLOATS.
MEDIA/PHOTO WAIVER: Undersigned authorizes and gives full consent to Released Parties to copyright and/or publish for public view any and all photographs, digital recordings, videotapes and/or film in which Participant appears. Undersigned agrees that Released Parties may transfer, use or cause to be used, these digital recordings, photographs, videotapes, or films for any exhibitions, public displays, publications, commercials, art and advertising purposes, television programs, and internet without limitations or reservations.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE SURRENDERED SUBSTANTIAL RIGHTS BY SIGNING IT. I HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE NOTWITHSTANDING SHALL CONTINUE IN FULL FORCE AND EFFECT.
I am:
- 1. Over the age of eighteen (18) years old or
- 2. My parent or legal guardian has also signed for me
