OPERATION GET OUT and GET OUT GIRL PARTICIPANT AGREEMENT, RELEASE AND ACKNOWLEDGMENT OF RISK
In consideration of the services and events of Operation Get Out (OGO) and Get Out Girl (GOG), their agents, vendors, owners, officers, volunteers, participants, employees, staff, instructors, class participants, the Present family, boat drivers, ambassadors and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "OGO"), I hereby agree to release, indemnify, and discharge OGO and GOG, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in any events or activities associated with OGO and GOG, their agents, vendors, owners, officers, volunteers, participants, employees, staff, instructors, class participants, boat drivers, ambassadors and all other persons or entities acting in any capacity on their behalf, activities entail 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 but are not limited to, among other things: board or boat capsize; lake conditions and currents; travel in remote areas; collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; rope burns, board contact, illness in remote areas; exposure to sun, strong wind, cold, storms, large waves, 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, OGO and GOG staff and representatives have difficult jobs to perform. At all times they strive to educate and inform the client fully. 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, the terrain or the environment. They may give inadequate warnings or 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.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless OGO and GOG, their agents, owners, officers, volunteers, participants, staff, instructors, class participants, employees, and all other persons or entities acting in any capacity on their behalf 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 OGO or GOG or volunteer equipment or facilities, including any such Claims which allege negligent acts or omissions of OGO or GOG.
4. Should OGO, GOG, their agents, vendors, owners, officers, volunteers, participants, employees, staff, instructors, class participants, the Present family, boat drivers, ambassadors and all other persons or entities acting in any capacity 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.
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 Cindy Present, Get Out Girl, their agents, owners, officers, volunteers, participants, family, employees, staff, instructors, class participants, and all other persons or entities acting in any capacity on their behalf, ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms for the entire calendar year of which it is signed.