Release & Liability
PARTICIPANT WAIVER AND RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF RISK, INDEMNITY & IMAGE RELEASE AGREEMENT
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the Witching Hour on the Water Event; The State of Utah; US Army Corps of Engineer; their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "WH"), I hereby agree to release, indemnify, and discharge WH, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that my participation in Paddleboarding activities entails known and unanticipated risks that 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.
The risks include, among other things: slips and falls; accidental drowning, boat capsize and
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.
The risks include, among other things: slips and falls; accidental drowning; boat capsize and entrapment; travel in remote areas;
collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and
accidents can occur getting on or off; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration.
Furthermore, WH volinteers seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warningsor instructions, and the equipment being used might malfunction.
2. I expressly 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. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WH 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 WP 's equipment or facilities, including any such claims which allege negligent acts or omissions of WH.
4. Should WH or anyone acting on their 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 bear the costs of such injury or damage myself I further certify that I am willing to assume the risk of any medical or physical condition I may have.
Photo release statement: I also hereby consent, without further consideration or compensation, to use (full/partial) of all photos, audios or videos made of myself during Witching Hour on the Water Event, for the purposes of events documentation, promotional materials or web content. Further, I release Witching Hour on the Water Event and its volunteers from any liability, which may arise from the use of those photos.