This is a binding legal agreement. As a Participant in the programs, activities and events of the WNY PWC Owners, TorontoPWC inc and PWC Club of Rochester, the undersigned acknowledges and agrees to the following terms:
Disclaimer The WNY PWC Owners, TorontoPWC inc and PWC Club of Rochester, their directors, officers, members, employees, coaches, affiliate clubs, volunteers, officials, participants, clubs, agents, sponsors, owners/operators of facilities, and representatives (the “Organizations”) are not responsible for any injury, damage or loss of any kind suffered by a Participant during, or as a result of, any program, activity or event, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.
Description of Risks
In consideration of my participation in such programs, activities and events, I hereby acknowledge that I am aware of the risks and hazards associated with or related to riding personal watercraft and boating. The risks and hazards of riding personal watercraft and boating include, but are not limited to:
• Injuries from executing strenuous and demanding physical techniques;
• Injuries from the activities of others who may or may not be associated with the Organization;
• Injuries from grass, turf and other surfaces including bacterial infections and rashes;
• Injuries resulting from falls to the ground due to uneven or irregular terrain or surfaces;
• Injuries from collisions with walls and equipment and from injuries resulting from being a spectator;
• Injuries resulting from failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
• Spinal cord injuries which may render me permanently paralyzed;
• Injuries from extreme weather conditions which may result in heatstroke, sunstroke or hypothermia;
• Injuries from contact, colliding or being struck by other participants, spectators, equipment or vehicles;
• Injuries resulting from vigorous physical exertion and strenuous cardiovascular workouts;
• Injuries from exerting and stretching various muscle groups;
• Travel to and from events which are an integral part of the organization's activities.
Furthermore, I am aware:
• That injuries sustained from riding personal watercraft and boating can be severe;
• That I may come into close contact with other participants, including the possibility of accidental and unexpected contact;
• That I may experience anxiety while challenging myself during the activities;
• That my risk of injury is reduced if I follow all rules laid out by the Organization; and
• That my risk of injury increases as I become fatigued; and that I have had full opportunity to make inquiry as to the nature of any risks that I am undertaking.
Release of Liability
In consideration of the Organization allowing me to participate, I agree: a) To assume all risks arising out of, associated with or related to my participation; b) To be solely responsible for any injury, loss or damage that I might sustain while participating; and c) To release the Organization from liability for any and all claims, demands, actions and costs that might arise out of my participating, even though such risks, injuries, loss, damage, claims, demands, actions or costs may have been caused by the negligence of the Organization.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the parties irrevocably agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the laws of Ontario and Canada applicable therein. Both parties agree that any action or proceeding relating to this Agreement will be brought to a court of competent jurisdiction in the Province of Ontario, Canada.
Acknowledgment
I acknowledge that I have read this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, executors, administrators and representatives.
