RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF ALL RISK, AND INDEMNITY AGREEMENT

 

IN CONSIDERATION of being permitted to attend, compete, officiate, observe, spectate, work for, or participate in any way in USPS Event(s) (defined as any event conducted by and/or sponsored by and/or endorsed by the United States Power Squadrons, or any District of USPS, or any squadron, or any affiliate or subordinate unit of USPS, District, or Squadron (collectively, "USPS"), or being permitted to enter for any purpose any area in which USPS Event(s) are conducted, EACH OF THE UNDERSIGNED for himself/herself, his/her personal representatives, heirs and/or next of kin:

 

1. ACKNOWLEDGES, agrees and represents that he or she has or will, immediately upon entering any such area of USPS Event(s), and will continuously thereafter, inspect such area of entry and he or she further agrees and warrants that if at any time he or  she feels or observes any thing or condition in the said area to be unsafe, he or she will immediately advise the officials of such thing or condition, and will leave the said area and/or refuse to participate in the USPS Event(s);

 

2. HEREBY RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS and COVENANTS NOT TO SUE the USPS, and/or any officer, member or representative of the foregoing, or any spectators, all of which  are jointly and sometimes referred to herein as the "Releasees," from ANY AND ALL LIABILITY to the undersigned, his or her personal representatives, assigns, heirs and/or next of kin, FOR ANY AND ALL LOSS OR DAMAGE, and any claim or demands therefor on account of INJURY to the undersigned’s person or property, or resulting in the DEATH arising out of or related to the USPS Event(s) in any way whatsoever, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE;

 

3. HEREBY AGREES TO INDEMNIFY and SAVE AND HOLD HARMLESS the Releasees and each of them from any LOSS, LIABILITY, DAMAGE OR COST he or she may incur arising out of or related to the USPS Event(s) in any way WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE;

 

4. HEREBY ASSUMES full responsibility for ANY RISK OF BODILY INJURY, DEATH or PROPERTY DAMAGE arising out of or related to the USPS Event(s) in any way WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE;

 

5. HEREBY ACKNOWLEDGES that this USPS Event(s) may involve activities which are DANGEROUS and may involve a risk of personal injury to the participant of the USPS Event(s) and involve the risk of DEATH, SERIOUS INJURY and/or property damage. Each of the undersigned expressively acknowledges that injuries received may be compounded or INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES of the Releasees;

 

6. HEREBY AGREES that this RELEASEE, WAIVER OF LIABILITY, ASSUMPTION OF RISK and INDEMNITY AGREEMENT extends to ALL ACTS OF NEGLIGENCE by the Releasees, including but not limited to NEGLIGENT RESCUE OPERATIONS, and is intended to be as broad and inclusive as is permitted by the laws of the United States of America, of the laws of the State of California, and/or of the laws of the State having jurisdiction, and that if any part or portion of this Agreement is held or determined to be invalid or without effect, it is specifically agreed the entire balance thereof shall, notwithstanding, continue in full legal force and effect; and 

 

7. GRANTS permission to USPS to use his or her name, voice, likeness and photographs, as well as photographs of his or her vessel or personal watercraft in publicity and/or promotional material in media of any kind or type whatsoever in the sole discretion of USPS.

 

I HAVE READ, and/or HAS BEEN READ TO ME, this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement in its entirety. I fully understand its terms and I understand that I HAVE GIVEN UP SUBSTANTIAL RIGHTS by signing it FREELY and VOLUNTARILY, without any inducement, assurance or guarantee being made to me. I intend my signature to be a complete and UNCONDITIONAL RELEASE OF ALL LIABILITY to the GREATEST EXTENT allowed by law, whether by signing on my own behalf or as the parent or guardian of a minor.

 

Legal Signature:  ________________________   Signature of Spouse of Signing Party: _______________________  Date: _______  Print Name(s) ___________________________________________Address: _____________________________________________

 

Legal Parent or Guardian Signature:__________________________ Date: __________   Print Name: _____________________ 

Address: __________________________________________________

 

Witness Signature: ____________________________________ Print Name: _________________________________________

 

Date(s) and Place(s) of USPS Event(s): ______________________________________________

Description of USPS Event: _______________________________________________________