POTOMAC BOAT CLUB
CHARLIE BUTT SCULLERS HEAD OF THE POTOMAC REGATTA

ROWING RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (“AGREEMENT”)

IN CONSIDERATION of being given the opportunity to participate in any way in the CHARLIE BUTT SCULLERS HEAD OF THE POTOMAC (“Regatta”), 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 including any other water sport activities such as kayaking, canoeing, or paddleboarding, and including, without limitation, the Regatta, both on water and land based, and that I am qualified, in good health, and in proper physical condition to participate in the Regatta.

2. I FULLY UNDERSTAND that:

(a) ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death (“Risks and Dangers”);

(b) these Risks and Dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Regatta, the condition in which the Regatta 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; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND DANGERS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Regatta.

3. I AGREE AND WARRANT that I will examine and inspect each activity of the Regatta in which I take part 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 Regatta and will refuse to take part in the Regatta until the condition has been corrected to my satisfaction.

4. I HEREBY RELEASE, discharge, and covenant not to sue the Club, host organization, The Potomac Boat Club, the Regatta, their administrators, directors, agents, officers, members, volunteers, and employees, other participants, regatta organizers, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Regatta takes place, (each considered one of the “Releasees” herein) from all 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 Releasees 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 may incur as the result of such claim to the fullest extent permitted by law.
5. I AGREE to be familiar with, comply with, and be bound by the rules, policies and procedures of the Club, including the exclusive authority and jurisdiction of the U.S. Center for SafeSport to investigate and resolve reported sexual misconduct and the discretionary authority to investigate and resolve reports of other misconduct.

6. IN CONSIDERATION of being permitted to participate in the Regatta, for myself, my personal representatives, heirs, and next of kin:

(a) I AFFIRM that I have not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including but not limited to the virus commonly referred to as COVID-19) within the last 14 days, or that I have complied with all local, state, and federal guidelines and regulations as related to communicable diseases;
(b) I ACKNOWLEDGE that I am aware that by entering the premises or participating in the Regatta that there are a risk to me and to those with whom I interact of exposure, directly or indirectly, to communicable disease(s) including but not limited to the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)” and/or any claim or demands therefore, whether caused by the negligence of the Releasees or otherwise;
(c) I HEREBY RELEASE, discharge, and covenant not to sue the Club, its directors, agents, members, coaches, officers, co-participants, volunteers and employees, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which Regatta takes place, all for the purposes herein referred to as “Releases”, from all liability to the undersigned, his or her personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore, whether caused by the negligence of the Releasees or otherwise;
(d) I HEREBY agree to INDEMNIFY AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to my illness or death, whether caused by the negligence of the Releasees or otherwise.

I HAVE READ THIS COMMUNICABLE DISEASE RELATED HOLD HARMLESS, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY CLICKING “I AGREE” BELOW, AND CLICKING “I AGREE” BELOW HAVE AGREED TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

7. I HEREBY ACKNOWLEDGE AND AGREE and by clicking “I AGREE” below, or that of my parent or guardian, attest that I have received, read, fully understand and will abide by the Regatta Safety Rules for Participants. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by clicking “I AGREE” below and have agreed to it freely and without any inducement or assurance of any nature and 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.


ADDITIONAL PROVISIONS RELATED TO
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS ENTIRE FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF POTOMAC BOAT CLUB USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THAT YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT TO RECOVER FROM POTOMAC BOAT CLUB OR ANY OF THE “RELEASED PARTIES” (AS DEFINED HEREIN” IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY.

YOU HAVE THE RIGHT TO REFUSE TO CLICK “I AGREE” (BELOW) TO THIS FORM, AND POTOMAC BOAT CLUB HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT CLICK “I AGREE” TO THIS FORM.

6. PARENTAL CONSENT: AND I, the minor’s parent and/or legal guardian, for myself, and on behalf of my spouse, children, guardians, heirs, and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, understand the nature of rowing activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in the Regatta and to understand and abide by the Safety Rules for Participants. I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above 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 Releasee may incur as the result of any such claim to the fullest extent permitted by law.


EACH INDIVIDUAL
PARTICIPATING IN THE REGATTA
MUST AGREE TO THE WAIVER