Assumption of Risk, Release, and Indemnity Agreement
Assumption of Risk: I understand that the Activities1 in which I (or my child) will engage at or near the Riverboarding World Championship 2015 located at the Lanquin an Cahabon rivers, Lanquin, Alta Vera Paz, Guatemala (the RWC) involve inherent and other risks. Some of those risks are described later in this Agreement and are incorporated here by reference. I acknowledge that the Activities are strenuous and dangerous and require a certain degree of physical condition, ability, maturity, and skill. I acknowledge that I am solely responsible for determining my (or my child’s) suitability to participate in the Activities. I have (or my child has) the requisite skills, qualifications, physical and mental ability, and training necessary to properly and safely participate in the Activities. I understand that these Activities are not rides or amusement devices with guaranteed outcomes but are part of an extreme whitewater sport. I (or my child) share(s) responsibility for my (his/her) safety and will follow instructions, make reasonable decisions, and act responsibly. The RWC cannot ensure my (or my child’s) safety and does not seek to eliminate all of the risks of the activities because they contribute to the thrill of the adventure. I choose to voluntarily participate (or allow my child to participate) and observe the Activities despite all risks. I assume all inherent and other risks and accept responsibility for any property damage and loss, and for any personal injury, illness, disability, emotional distress, and death that I (or my child) may suffer, whether described above or not.
In consideration of RWC providing services and facilities and allowing me (or my child) to participate in or observe the Activities, I agree to the following:
Waiver and Release: I, (and on behalf of my child) agree to forever release and discharge RWC and its promoters from and agree not to sue for any and all liability or claims I (or my child) may have for any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my (or my child’s) participation in the Activities or use of any equipment or facilities. This release is for any type of claim, including breach of contract, fraud, or any other type of suit and includes losses alleged to be caused by the negligence of RWC to the fullest extent permitted by law but does not include claims for gross negligence.
Indemnity: I agree to defend, indemnify (meaning to pay or reimburse any amount required to be paid, including attorneys fees) and hold RWC harmless from all claims, causes of action, liability, losses, or damages for any property damage, property loss or theft, personal injury, disability, death or other loss brought by or on behalf of me, my child, a family member, my estate, another participant or spectator, or any other person arising from or relating to my (or my child’s) use of the property, facilities, and/or participation in the Activities, including claims that RWC was negligent.
Acknowledgement of Policies and Photo Waiver: I acknowledge reading and understanding the RWC Rules & Regulations relating to the Activities, facilities of the RWC, and equipment and agree to comply with and abide by those Rules & Regulations. RWC may take and use photographs, video, film and other images of me (or my child) participating in or observing the Activities. I waive any right of privacy, publicity, compensation, copyright or other rights to those images and I consent to RWC using those images for any purpose.
Additional Provisions: I agree that the substantive laws of Guatemala (but not any law that would apply the laws of another country) govern this Agreement and any dispute I have (or my child has) with the RWC and consent to jurisdiction in Guatemala. Any mediation, suit, or proceeding will be entered into only in Guatemala. Any portion of this Agreement deemed unlawful or unenforceable is severable and shall be stricken without effect on the enforceability of the remaining provisions.
I have read this Agreement, I understand its contents and I sign it voluntarily. I intend by this Agreement to assume all hazards and risks, waive all rights to sue and release all liabilities and claims, and indemnify the RWC for any claims arising from my (or my child’s)participation in the Activities. I understand that this Agreement has no expiration date and remains in effect at all times that I am (or my child is) observing or participating in the Activities and will be binding on me, my family members, my heirs, assigns, executors, representatives, and estate.
Parent or Legal Guardian (if participant is under 18 years of age)
I hereby warrant that I have legal authority to act on my child’s behalf. I agree to the above terms and conditions for myself and on behalf of my child. If I am signing for a participant that is not my child, I agree to indemnify RWC as provided in the Indemnity provision above for any and all claims brought by or on behalf of the child for whom I sign or for any claim brought by any other person related to the child’s participation in or observation of the Activities.
The following is a partial list of the inherent risks associated with the Activities at the RWC. This list does not include all inherent risks but serves to provide examples and promote an understanding of the risks.
The RWC Does Not Provide Onsite Medical Services.
All of the Activities at the RWC expose participants to:
- Head trauma and facial injuries
- Fractures, dislocations, sprains, strains and other soft tissue injuries
- Contusions, lacerations, abrasions, and various forms of blunt force trauma
- Complications associated with exposure to weather and physical exertion
- Impacts with other individuals or participants and/or their equipment
- Perils and hazards arising from other guests or competitors
- Perils and hazards arising from natural features, plants, animals, insects, wet surfaces, tripping hazards and other types of contact with man-made and natural features
- Perils and hazards arising from equipment failure or malfunction and potential misjudgment by staff
- Remote locations that can delay the delivery of emergency medical services
Riverboarding and other water based Activities more specifically expose participants to:
- Drowning or other complications associated with immersion in water
- Falling into water and/or swimming in turbulent water
- Becoming pinned or entrapped by items or obstacles in/on the water
- Colliding with rocks, boats and other items in the water
- Falling while entering or exiting any boats
- RWC Rules and Regulations
- Observe all posted signs and warnings as well as obey all instructions provided by the RWC staff
- Remain away from the edges of the whitewater channels and do not enter the river at any time unless riverboarding or paddling
- All participants must have a whitewater PFD and helmet while on the river.
- All participants must wear appropriate safety equipment and use all equipment in the manner directed by the RWC
- All persons engaging in any activity on the water MUST be able to swim
- Inform the staff of any physical limitation or any safety concern you may have, but remember that the RWC cannot determine if you can safely participate
- Always remain in control
- Do not engage any element or aspect of the Activities without the supervision or permission of the RWC
- Do not drink alcohol prior to participating in or during any activity
- Children must be supervised by a parent or guardian at all times
1 Activities are defined as all activities associated with or occurring at or near the RWC, including, without limitation, riverboarding, biking, hiking, running, trail usage, crossing the hanging bridge (traversing a hanging platform suspended above the river by cables, potentially at great heights), spectating, walking and special events.
2 RWC means Riverboarding World Championship, its directors, officers, employees, agents, volunteers, sponsors, and lessors, along with organizers the World Riverboarding Association and RIOS Guatemala.