WAIVER OF LIABILITY, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR SHOOTOUT ON THE RIVER
- I HEREBY ACKNOWLEDGE that the participation in the SHOOTOUT ON THE RIVER is voluntary and a benefit offered to me. In consideration for receiving permission to participate in the SHOOTOUT ON THE RIVER, I hereby WAIVE, RELEASE and FOREVER, DISCHARGE, AND COVENANT NOT TO SUE, SHOOTOUT ON THE RIVER, 4309 SHOREDRIVE, LLC, 4309 SHORE, LLC t/a Tiki Lee’s Dock Bar and CHESAPEAKE BAY POWERBOAT ASSOCIATION, their subsidiaries and affiliates and their respective agents, employees, officers, directors, shareholders, members, successors and assigns (hereinafter referred to as "RELEASEES") from any and all claims, liability, demands and causes of action of any kind or nature which are in anyway related, directly or indirectly to or arising out of any loss, damage, property damage, or personal injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by NEGLIGENCE OF THERELEASEES, or otherwise, while participating in SHOOTOUT ON THE RIVER or while in, on, or upon the premises where the activity is being conducted.
- I am fully aware of the unusual risks involved, hazards and inherently dangerous nature connected with this activity. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OR LOSS OF PROPERTY, DAMAGE OR PERSONAL INJURY, INCLUDINGDEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES OR OTHERWISE.
- I further agree and covenant not to sue the RELEASEES and that I will not bring any claim or cause of action of any kind or nature against RELEASEES arising from or related to my participation in these activities.
- I further hereby AGREE TO INDEMNIFY,DEFEND AND HOLD HARMLESS RELEASEES from any claims, or causes of action, loss, injury, liability, damage or costs of any kind, including court costs and attorneys’ fees, arising from my participation in said activity, WHETHER CAUSED BY THENEGLIGENCE OF RELEASEES OR OTHERWISE.
- I understand that RELEASEES do not cover insurance for participants, covering any circumstances arising from my participation in this event or any activity associated with or facilitating that participation. As such, I am aware that I am solely responsible for providing any and all applicable insurance coverages that I individually deem necessary.
- It is my express intent that this Waiver of Liability, Indemnification and Hold Harmless Agreement shall bind the members of my family and spouse if I am alive, my heirs, assigns, successors and personal representative if I am deceased, and shall be deemed as a RELEASE,WAIVER, INDEMNIFICATION, DISCHARGE AND COVENANT NOT TO SUE THE ABOVE-NAMEDRELEASEES. I hereby further agree that this Waiver of Liability, Indemnification and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Maryland without reference to its conflicts of laws.
- I also acknowledge and agree that no one under the age of eighteen (18) years of age may participate in the SHOOTOUTON THE RIVER or be on any boat or vessel while it is participating in the SHOOTOUT ON THE RIVER and that it is my personal responsibility that this prohibition is strictly enforced.
- By execution of this Agreement, I hereby agree that any suit, action or other proceeding, whether by claim, counter-claim or otherwise, arising out of or relating to my participation in the SHOOTOUT ON THE RIVER shall be heard before a court and not by jury. By execution of this Agreement I hereby expressly waive any right to trial by jury in any such action or proceeding; I specifically acknowledge and agree that this provision is a specific and material aspect of this Agreement and I would not be allowed to participate in this activity if this provision were not made a part hereof. THIS WAIVER OF RIGHT TO TRIAL BYJURY IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE, AND I REPRESENT TO THERELEASEES THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANYINDIVIDUAL TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY ORNULLIFY ITS EFFECT. I ALSO AGREE TO WAIVE ANY RIGHT TO PRATICPATE IN ANY CLASSACTION OR COLLECTIVE ACTION LITIGATION OR LAWSUIT RELATING TO THE SHOOTOUT ONTHE RIVER.
BY SELECTING "YES" BELOW, I ACKNOWLEDGE, REPRESENT AND AGREE THAT I have read the foregoing Waiver of Liability, Indemnification and Hold Harmless Agreement, understand all of the terms and conditions contained herein, and that this Agreement will be in full force and effect at all times, and sign it voluntarily as my own free act and deed: No oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I am at least eighteen (18) years of age and fully competent. I execute the Release fully intending to be bound by same.