In consideration of the services of BachmanROC Rowing Club, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “BachmanROC Rowing”), I hereby agree to release, indemnify, and discharge the BachmanROC Rowing, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estates as follows:
- I acknowledge that rowing as well as any activity on the BachmanROC Rowing dock and/or property, entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: your boat could turn over and/or you could have to swim risking entanglement in trees; exposure to the natural elements could be uncomfortable and/or harmful; exposure to excessive heat could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; exposure to excessive cold elements could result in hypothermia; exposure to potentially dangerous wildlife, insects, plants; and accidental drowning is also a possibility. Furthermore, BachmanROC Rowing personnel have difficult jobs to perform. They seek safety, but they are fallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. This participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BachmanROC Rowing from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of BachmanROC Rowing equipment or facilities, including any Claims which allege negligent acts or omissions of BachmanROC Rowing.
- Should BachmanROC Rowing or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
- In the event that I file a lawsuit against BachmanROC Rowing, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against BachmanROC Rowing on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
- Digital photographs and video are likely to be taken during our clinics and activities. I hereby give BachmanROC Rowing Club permission to use such photographs and/or video for public displays, training material and/or media advertisement, marketing, or releases. I understand these photographs and/or video images will be for news, training, and/or information purposes only.