REV3Endurance|REV3ADVENTURE|DASH Adventure's Waiver
IN CONSIDERATION of the Event Organizers allowing me to participate in the event described above (the “Event”); I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”); I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event. I understand and acknowledge the physical and mental rigors associated with this Event, and realize that many elements of this Event are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event. I agree to be familiar with and abide by the Rules and Regulations established for the Event, including but not limited to rules and regulations related to the Competition, Safety, and directions and instructions of the Event Directors and volunteers. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: The Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. I hereby pre-authorize the Event Organizers and their representatives to arrange for emergency medical treatment and/or transport via ambulance or air on my behalf if medical attention is warranted during my participation in the Event. I understand and agree that I will be responsible for the costs associated with any such emergency medical care and/or transport arranged on my behalf, and hereby release the Event Organizers from any Liability relating to the cost and provision of any rescue operations, first aid treatment, medical care, hospital expenses or the medical decisions made at the Event site or elsewhere on my behalf.
Photo Release and Consent
I agree to hereby assign all right, title, interest, and all intellectual property right in and to any and all pictures taken for these events and I hereby give authorization, indicated by signing below, and release REV3Endurance LLC, it’s directors, sponsors, members, and volunteers (the Released parties) from liability or compensation claims resulting from or relating to the publication of this information. Publication may include but is not limited to posting of photographs on web sites and social media and use of photographs in marketing materials. Images may be altered or enhanced to suit the Event Organization’s needs. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
CANOE, KAYAK & STANDUP PADDLEBOARD LIABILITY RELEASE
Please read carefully. This is a release of liability and waiver of legal rights.
1. I acknowledge that use of a canoe, kayak or standup paddleboard (also referred to as “the
Activity”) is hazardous and involves a great risk of physical injury or death. I assume all risks
associated with the Activity including, but not limited to, varying water conditions, obstacles,
other canoes, kayaks and boats, other kayakers and water users, natural and manmade
objects, varying weather conditions, as well as varying depth and currents. I acknowledge
that use of a canoe or kayak may involve serious personal injury or even death. I hereby
recognize and assume those risks.
2. In consideration of the purchase or demo of a canoe, kayak or standup paddleboard from
River Sports Outfitters, Inc (the Shop), I agree to release and hold harmless the Shop, it
subsidiaries and affiliates, their respective agents, directors, officers, owners, contractors and
employees (collectively “the Released Parties”) from any and all claims I might have as a
result of the Activity, including those claims based on negligence or breach of warranty.
Additionally, I agree to indemnify the Released Parties for any and all claims whatsoever
brought by a third party for any damage which I may cause or which any other person may
cause while engaged in the Activity.
3. I agree to return it in the same condition as I received it, normal wear and tear accepted. I
understand and agree that I am responsible for the canoe, kayak or standup paddleboard
and any protective equipment provided. I acknowledge that the Shop has advised me the
use of a protective life jacket is mandatory.
4. If I am signing this liability release on behalf of a minor, less than 18 years of age (“the child),
I represent that I am the parent and/or legal guardian of the child; I accept responsibility for all
the child’s medical expenses incurred in connection with the Activity; I agree to indemnify the
Released Parties for any and all claims brought by the child; and I agree to indemnify the
Released Parties for any and all claims brought by a third party arising in connection with the
child.
5. In exchange for the Shop allowing me to rent or demo the aforementioned equipment, I
contractually agree that any and all disputes between myself and the Shop arising from my
use of this equipment OR my participation in the Activity, INCLUDING any claims for personal
injury and/or death will be GOVERNED BY THE LAWS OF THE STATE OF and EXCLUSIVE
JURISDICTION thereof will be in the state court residing in the county where the alleged tort
occurred or federal court of the State of TN.
6. I agree that if any portion of this release is found invalid or unenforceable, the remaining
provisions will be fully enforceable to the fullest extent allowed by law.
This agreement is binding on my estate, heirs, administrators and assigns.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS
CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
_______________________________________ _________________________
(Purchaser/User) (Date)
______________________________________ _________________________
