I understand that paddleboard racing, surfing, and paddling is a dangerous sport and that I could be killed or injured participating in a paddleboard event. I voluntarily assume all risks of participating in this event, including risks arriving from the negligence of its sponsors, organizers and Paddle Monster, Inc. Furthermore, I waive any right I might have or will have in the future, to sue the sponsors, organizers or Paddle Monster, Inc of the stated event for any injury related to my participating in it. I understand that the event may be covered using general photographic, film, and/or digital video cameras and maybe televised. By signing the entry, and providing any of the aforementioned media, I release all rights or proprietary claims for the use of my image or voice to be photographed, videotaped or filmed for commercial or any other purposes. I authorize the unconditional use of my image or voice in any form while participating in this event.
PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services of the Paddle Monster Solo Race Series, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “PM"), I hereby agree to release, indemnify, and discharge PM, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in The PM Solo Race Series and in all Stand Up Paddle Boarding, Surfing, Body Boarding, Prone Paddle Boarding, canoeing, and other water sports activities entails 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, among other things:
slips and falls collision with fixed or movable objects or other watercraft; boat capsize and entrapment; travel in remote areas; rapidly changing adverse weather and water conditions; watercraft are slippery when wet and accidents can occur getting in or out; damage to equipment or personal injury; accidental drowning; crashing; forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat-related illnesses), heat exhaustion, sunburn, dehydration, exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; consumption of food or drink; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity. Traveling to and from the beach raises the possibility of any manner of transportation accidents.
Furthermore, PM organizers, employees, and volunteers 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 or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
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. Additionally, I agree to wear a U.S. Coast Guard-approved personal flotation device (life jacket) while participating in this activity and comply with all local and federal laws, rules and regulations.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PM from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or my use of PM s equipment or facilities, including any such claims which allege negligent acts or omissions of PM, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf. Should PM or anyone acting on it' 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.
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. Epilepsy fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis, and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs. I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness. Even if I have a health condition as stated above of which I am unaware, by signing this form I still choose to participate in the activity of Stand Up Paddleboarding, prone paddleboarding, canoeing or surfing and agree to waive all responsibilities to all above-mentioned parties concerning any consequences that would result from my actions. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of any of the above-referenced activities, I will notify an organizer, or volunteer immediately and before leaving the premises and starting participation in any event.
I have read these declarations, understand them, and I agree to be bound by them.
Important: If you cannot sign the above declaration because of any of the above conditions, you acknowledge that you are not an official participant and therefore hold PM harmless for any activities that resemble this event.
In the event that I file a lawsuit against PM, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I agree to do so solely in the state of North Carolina, and in New Hanover County. I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By accepting these terms, 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 PM 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.