Colorado Dragon Boat Alliance Release, Waiver of Liability and Assumption of Risk

In consideration of the use of the services, equipment, and facilities provided by the Colorado Dragon Boat Alliance (CODA)and its agents, owners, officers, volunteers, participants, employees, coaches, instructors, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “CODA”), I hereby agree to release and discharge CODA, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I acknowledge that Dragon Boat paddling, Dragon Boat racing, and related activities (collectively referred to as “Activity” or “Activities”) entail 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. These risks include, among other things: boat capsize; tidal conditions and currents; collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; illness in remote areas; exposure to sun, strong wind, cold storms, waves and lightning; aggressive and/or poisonous marine life; wrist, arm, shoulder and/or back injuries; slips and falls; and rapidly changing adverse weather and water conditions. Furthermore, CODA instructors, steerspeople, and organizers have difficult jobs to perform. They seek safety, but they are not infallible. 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. This release also extends to all CODA events I participate in whether or not the event is directly related to dragon boat paddling.

1. I VOLUNTARILY ASSUME ALL RISK KNOWN AND UNKNOWN, OF INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF CODA TO THE FULLEST EXTENT OF THE LAW. My participation in this Activity is purely voluntary, and I elect to participate in spite of any and all risks.

2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CODA from any and all claims, demands, or causes of action, which are in any way connected directly or indirectly with my participation in this Activity or my use of CODA’s equipment or facilities, including any such claims which allege negligent acts or omissions of the CODA.

3. I agree that participation in dragon boating and/or other CODA activities will be according to the guidance, instruction and/or

rules of CODA including wearing a non-inflatable personal flotation device (PFD) whenever I am on the water.

4. Should CODA or anyone acting on its 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.

5. 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 solely bear the costs of such injury or damage. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6. I understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization, that COVID-19 is reported to be extremely contagious, and that CODA, despite taking all reasonable precautions in conducting these activities, cannot prevent me, or others, from being exposed to, contracting, or spreading COVID-19 while participating in dragon boating and/or other CODA activities. While conducting these activities I agree to maintain 6 feet of social distancing as much as possible and wear a mask when social distancing is not possible. I expressly and voluntarily choose to accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to participate in dragon boating and/or other CODA activities. I hereby specifically and forever release and waive my right to bring suit against CODA and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives or affiliates in connection with exposure, infection, and/or spread of COVID-19 related to my participation in dragon boating and/or other CODA activities. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims or negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

7. I grant permission to CODA to use my image in media releases. I hereby waive any right to inspect or approve the finished photographs or pieces of media, and I waive any right to royalties or other compensation arising from or related to use of that media.

8. 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 checking the box, 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 CODA on the basis of any claim from which I have released it therein. I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms.