This page includes 2 waivers, the first one required by our new insurance carrier, the second one required by the city of San Diego. Please review each of the waivers as they have different terms
Insurance required waiver
AMATEUR ATHLETIC WAIVER AND RELEASE OF LIABILITY
READ BEFORE SIGNING.
NAME OF CLUB: San Diego Canoe Kayak Team
COVERAGE TERM: 03/18/2016- 2/11/2017
In consideration of being allowed to participate in any way in this sports activity, related events and activities, the undersigned acknowledges, appreciates, and agrees that: The risk of injury from the activities involved in this sport is significant, including the potential for permanent paralysis and death; and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation; and, I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest official immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS PADDLESPORT RISK MANAGEMENT, LLC., San Diego Canoe Kayak Team ,their officers & directors, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, volunteers, coaches, steerers, and, if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I also acknowledge that photographs and video may be taken of me in my participation in, and attendance at this event, and hereby freely agree to allow without restriction all uses of such photos and videos in the reporting of this race, and/or in the promotion of this event, its location, other sporting events, sport in general, and/or related purposes. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
(Participant/Member Name: PLEASE PRINT) _____________________________________________________
Signature: ______________________________ Phone: _____________________________ Date: ____________
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION) This is to certify that I, as parent/legal guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above, of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law. I further agree to the photographic and video release set forth above.
Parent/Legal Guardian Name & Address: (PLEASE PRINT) ______________________________________________________
Address: _______________________________________________________ Emergency Contact # _______________________
Signature of Parent/Legal Guardian: _______________________________________________ Date: ______________________
City of San Diego required waiver
SAN DIEGO CANOE KAYAK TEAM
WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK
In consideration of the services of SAN DIEGO CANOE KAYAK TEAM, its members, 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 "SDCKT"):
1. I hereby agree to release, indemnify, and discharge SDCKT of liability, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as described below with respect to SDCKT activities, including SDCKT races, fundraising events, community outreach events, practice and preparation for those races and events, at any location including, but not limited to, any location where such race or event occurs or where equipment for those races and/or events is placed or is in use.
2. I understand and hereby acknowledge that my participation in paddling a canoe, kayak, surf ski, or paddle board entails risks that are known, unknown, anticipated, and/or unanticipated that could result in physical injury, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential and/or fundamental nature and quality of activity on open water. I assume those risks and release SDCKT from liability resulting from those risks. I understanding that I am hereby relinquishing certain legal rights.
3. I understand and acknowledge that SDCKT seeks safety as its first and paramount concern, but it is not infallible. It might be unaware of a participant's fitness/abilities or it might misjudge the weather and, as a result, it may give inadequate warnings or instructions. I also understand that the equipment being used might malfunction. I assume those risks and release SDCKT from liability resulting from those risks. I understand that I am hereby relinquishing certain legal rights.
4. I understand and acknowledge the nature and risks of canoe, kayak, surf ski and paddle board paddling and I represent that I am qualified, in good health, and in proper physical condition to participate in such activity. I agree that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
5. I agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
6. I agree that any boat, equipment or other personal property belonging to me stored at SDCKT facilities is done so entirely at my own risk. I agree to absolve SDCKT of all responsibility for any damage to or loss of said personal property so stored.
7. I agree that any boat, equipment or other personal property belonging to me that is transported on SDCKT , members, officers, employees or volunteers trailers, vehicles, or boats is done so entirely at my own risk. I agree to absolve SDCKT of all responsibility for damage to or loss of said personal property so transported.
8. SDCKT being on City of San Diego land, this agreement applies to any negligence alleged against SDCKT and/or the City of San Diego: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SDCKT and the City of San Diego 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 SDCKT’'s equipment or facilities, including any claims which allege negligent acts or omissions by SDCKT or the City of San Diego.
9. Should SDCKT and /or the City of San Diego or anyone acting on their behalf, be required to incur attorney fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
10. I represent that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in this activity. Alternatively I agree to bear the costs of such injury or damage myself. I agree that I assume the risk of any medical or physical condition I may have.
11. In the event that I file a lawsuit against SDCKT and/or the City of San Diego, I agree to do so solely in the State of California, 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.
12. I hereby grant to SDCKT, is agents and assigns the right to use photos and/or other digital reproduction of me or other reproduction of my physical likeness for publication processes, whether electronic, print, digital or electronic publishing via the internet. This authorization shall remain in effect until revoked in writing and delivered to SDCKT.
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 SDCKT and/or the City of San Diego 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 understand it, and I agree to be bound by its terms.
Athelete Signature:____________________________________ Print Name: ________________________________Date:___________
Address: ______________________________________________ ______________________________________________ ______ _____ Street Apt.# City (Spell out Completely) State/Zip
Contact Phone: #1: ________________ #2: ________________Email: ___________________________________DOB: _______M/F___
Emergency Contact Name: ______________________________________________ Relationship: ______________________________
Phone #s: 1: ________________________#2: _________________________Email________________________________________
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)
In consideration of ("Minor") being permitted by SDCKT to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SDCKT and/or the City of San Diego from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor. I agree to all of the terms above on behalf of Minor.
Parent or Guardian: ______________________________ Print Name:__________________________________ Date:_____________