THE MILWAUKEE ROWING CLUB
Release of Liability
AMATEUR ATHLETIC WAIVER and RELEASE OF LIABILITY AND INDEMNITY AGREEMENT ("AGREEMENT")
IN CONSIDERATION of being allowed to participate in any way in any Milwaukee Rowing Club ("Club") activities ("Activity") during this membership period, I, for myself, my personal representatives, assigns, heirs and next of kin:
1. REPRESENT that I understand the nature of Rowing Activity, both on water and land based, and that I am qualified, in good health, and in proper physical condition to participate in such Activity.
2. 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 Activity, the condition in which the Activity takes place, or the negligence of the Releases 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 as a result of my participation in the Activity.
3. PROMISE to examine and inspect each Activity in which I take part as a member of the Club 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 Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
4. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE CITY OF MILWAUKEE, REDEVELOPMENT AUTHORITY OF THE CITY OF MILWAUKEE, SCHLITZ PARK ASSOCIATES II, L.P., BEERLINE RIVER HOMES CONDOMINIUM ASSOCIATION, LTD., THE CLUB, US ROWING, THEIR MEMBERS, MEMBER CLUBS, ADMINISTRATORS, DIRECTORS, AGENTS, OFFICERS, VOLUNTEERS, AND EMPLOYEES, OTHER PARTICIPANTS, REGATTA ORGANIZERS, ANY SPONSORS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES ON WHICH THE ACTIVITY TAKES PLACE, (EACH CONSIDERED ONE OF THE RELEASEES HEREIN) 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 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, LOSS, LIABILITY, DAMAGE, OR COST WHICH ANY MAY INCUR AS THE RESULT OF SUCH CLAIM.
5. UNDERSTAND that it is my responsibility to secure and safeguard my personal property and that the Club assumes no responsibility for my personal property.
6. AUTHORIZE that in the event that I sustain injury or illness while participating in any way in Club activities, I hereby authorize any first aid, medication, medical treatment or surgery for myself deemed necessary by licensed medical personnel. I also give my permission for attending medical personnel to execute on my behalf my permission form or other necessary medical documents and to act on my behalf if I am not immediately able or available to do so.
7. CONSENT to allow my picture and/or voice or likeness to appear in any official documentary, promotional, exclusive television, radio or film coverage of Club activities in any manner incidental to my participation in Club activities and without compensation to me.
8. AGREE to abide by the rules and regulations of the Club. I agree to indemnify the Club and hold it harmless for any property damage or loss relating from my use of the boathouse, the boat enclosure, or of equipment owned by the Club by me. I further agree to indemnify and hold harmless any member of the Club for any loss or damage to equipment owned by the member occurring during any use of said equipment by me.
9. 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.
AND I, THE APPLICANT'S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF ROWING ACTIVITIES AND THE APPLICANT'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE APPLICANT TO BE QUALIFIED TO PARTICIPATE IN SUCH ACTIVITY. I AGREE TO THE TERMS OF THE AGREEMENT ABOVE AND I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR'S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE ABOVE RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
I AFFIRM AND WARRANT THAT THE APPLICANT IS AN EXPERIENCED SWIMMER WHO IS CAPABLE OF SWIMMING 200 YARDS.
I AGREE TO THE ABOVE TERMS AND CONDITIONS IN PARTICIPATING IN ACTIVITIES AT THE MILWAUKEE ROWING CLUB.