In consideration of the use of the services, equipment, and facilities provided by the International Culture Exchange Association, the Southern California Dragon Boat Club, the City of Long Beach, the Long Beach Sea Festival and each entity’s agents, owners, officers, volunteers, participants, employees, coaches, instructors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “ICEA”), I hereby agree to release and discharge ICEA, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that Dragon Boat paddling, Dragon Boat racing, and related activities (collectively referred to as “Activity” or Activities”) entail known and unanticipated risks which 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. These risks include, among other things: boat capsize; tidal conditions and currents; collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; illness in remote areas; exposure to sun, strong wind, cold storms, waves and lightning; aggressive and/or poisonous marine life; wrist, arm, shoulder and/or back injuries; slips and falls; and rapidly changing adverse weather and water conditions. Furthermore, ICEA instructors and organizers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction. This release also extends to all ICEA events I participate in whether or not the event is directly related to dragon boat paddling.
1. I VOLUNTARILY ASSUME ALL RISK KNOWN AND UNKNOWN, OF INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF ICEA TO THE FULLEST EXTENT OF THE LAW. My participation in this Activity is purely voluntary, and I elect to participate in spite of any and all risks.
2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ICEA from any and all claims, demands, or causes of action, which are in any way connected directly or indirectly with my participation in this Activity or my use of ICEA’s equipment or facilities, including any such claims which allege negligent acts or omissions of the ICEA.
3. Should the ICEA or anyone acting on its 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.
4. 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 solely bear the costs of such injury or damage. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
5. In the event that I file a lawsuit against the ICEA, I agree to do so solely in the state of California, and I further agree that the substantive law of California shall apply in that action. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the ICEA on the basis of any claim from which I have released it therein. I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms.