Guest Waiver
PEAK Rowing Hosts: I understand that if I bring a guest to the Club’s boathouse to participate in rowing, I must ensure that that person is over 18 years of age, has a USRowing membership and signs the US Rowing Waiver located in the boathouse. I further understand that the guest is my responsibility while rowing, while at the Club’s Boathouse or while participating in any Activity.
UNITED STATES ROWING ASSOCIATION
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
I the undersigned, for myself, my personal representatives, assigns, heirs, and next of kin, hereby agree that, as a condition of, and material inducement to USRowing’s willingness to allow me to participate in Rowing Activities (as defined below) I agree as follows:
1. I ACKNOWLEDGE, agree and represent that I understand the nature of rowing activities, both on water and land based (“Rowing Activity(ies)”), and 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 Rowing Activity, the condition in which the Rowing Activity 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 ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur or suffer as a result of my participation in the Activity.
3. I AGREE AND WARRANT that I will examine and inspect each Rowing Activity 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 Rowing Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
4. I HEREBY RELEASE, discharge, and covenant not to sue USRowing, the applicable rowing club and/or regatta, including their respective administrators, directors, agents, officers, partners, members, managers, officers, trustees, directors, volunteers, employees, agents or other representatives, other participating regatta organizers, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the Rowing Activity takes place (collectively and individually, the “Releasees”) 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 without limitation 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, losses, liabilities, damages, or costs which any may incur as a result of such claim, to the fullest extent permitted by law.
5. I will be familiar with, comply with, and be bound by the Rules and Regulations of USRowing, including but not limited to the USRowing Rules of Rowing (www.usrowing.org), the World Anti-Doping Code (www.usada.org), the codes, rules, policies and procedures of the U.S. Center for SafeSport (the "SafeSport Rules," www.SafeSport.org), including withrespecttothe 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, USRowing Safe Sport Policy, the USRowing Grievance Procedures, the USRowing Safe Guidelines, the USRowing Bylaws and other governance documents, and the rules, policies, proceduresa and bylaws of the United Stated Olympic and Paralympic Committee, and all other policies, procedures, rules or regulations adopted by USRowing from time to time (collectively, the “USRowing Policies”). I further agree that arbitration pursuant to the binding arbitration provisions of the SafeSport Rules shall be the exclusive method to resolve any dispute over any disciplinary action taken by USRowing as a result of a U.S. Center for SafeSport investigation (the "Arbitration Procedure"). I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed 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.
6. For myself, my personal representatives, heirs, and next of kin, I: (a.) 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.) Acknowledge that I am aware that by entering the premises and participating in Rowing Activities that there are risks 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 (SARSCoV-2)", "COVID-19" and/or any mutation or variation thereof; (c.) HEREBY RELEASE, discharge, and covenant not to sue the Releasees from all liability to myself, personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor, whether caused by the negligence of the Releasees or otherwise; (d.) HEREBY agree to INDEMNIFY AND SAVE 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 SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
7. I acknowledge that all disputes arising under this Agreement are be governed by USRowing Policies, including but not limited to the procedures for prompt and equitable resolution detailed in the USRowing Code of Conduct (including the Grievance Procedures incorporated therein). You agree that any such disputes shall be resolved exclusively through USRowing’s Grievance Procedures, that the foregoing constitutes a binding agreement to arbitrate such disputes within the meaning of the Federal Arbitration Act, and that any decision or award issued pursuant to USRowing’s Grievance Procedures may be enforced in any court of competent jurisdiction.
8. Except for the USRowing Policies, all of which are incorporated into this Agreement, this Agreement constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other understanding. The Agreement may only be modified in writing executed by a duly authorized representative of USRowing.
9. At all times during the Term, you will comply with all applicable statutes, rules, regulations, orders and restrictions of any governmental authority or any instrumentality or agency thereof having jurisdiction over you, and shall maintain any required permits or licenses as may be required in connection therewith.
10. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns; (b) unless prohibited by applicable law, USRowing shall have the right to assign or transfer this Agreement without my consent and without prior notice to me; (c) the Agreement and my obligations hereunder, shall survive any cancellation or termination of the Rowing Activities; (d) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable; and (e) this Agreement is entered into and shall be governed by the internal laws of the State of New York without regard to principles of conflicts of law.