Black Swamp Rowing - Waiver of Liability
In Consideration of being given the opportunity to participate in any Black Swamp Rowing activity, including scheduled, supervised club activities at Toledo Sailing Club, and registered regattas, during the 2023 Spring Season, I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. I ACKNOWLEDGE, agree and represent that I understand the nature of Rowing Activities, both on water and land based, that I am qualified, in good health, and in proper physical condition to participate in such activity.
2. I FULLY UNDERSTAND that: (a) ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death ("Risks"); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the Release named below; (c) there may be other risks and social, economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the sport of rowing.
3. I AGREE AND WARRANT that I will examine and inspect each activity in which I take part as a member of BLACK SWAMP ROWING and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the activity and will refuse to take part in the activity until the condition has been corrected.
4. I HEREBY RELEASE, discharge, and covenant not to sue BLACK SWAMP ROWING, INC., THE TOLEDO SAILING CLUB, their administrators, directors, agents, officers, volunteers and employees, other participating organizers, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the activity takes place, (each considered one of the releases herein) from liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the release or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY< SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any incur as a result of such claim, to the fullest extent permitted by law.