RELEASE OF LIABILITY,
ASSUMPTION OF RISK, AND
INDEMNIFICATION AGREEMENT

WATER SPORTS

This document affects your legal rights: Read carefully before signing.

1. ACTIVITIES AND ASSOCIATED RISKS: I have chosen to participate in the following activity: FOWI Poker Paddle (hereinafter referred to as "the Activities"), which is organized by Friends of Whiskeytown, Inc. (hereinafter referred to as "FOWI"). I understand that:

the Activities are hazardous, and I may be exposed to inherent dangers and hazards, including but not limited to some of the following: unpredictable ocean or river currents, lightning, hypothermia, hostile or aggressive wildlife, venomous or disease-carrying animals or insects, communicable diseases, exposure to allergens which could cause life-threatening reactions, drowning, death, falls, fractures, concussions, dangerous or unanticipated weather, overexertion, overheating, injuries from my lack of fitness or conditioning, equipment failures, or my failure to wear a personal flotation device or use other protective gear, and negligence of others;

as a consequence of these risks and other risks associated with the Activities that may not be listed here, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged;

hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited, or unavailable during portions of the Activities; and

FOWI assumes no responsibility for providing medical care during the Activities, and I will have to pay for any medical care and/or evacuation that I incur.

In consideration of the permission to participate in the Activities, I agree to the terms contained in this document.

ASSUMPTION OF THE RISKS: I hereby freely assume the inherent risks as well as any other risks not listed that are part of these Activities, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Activities or during any transportation to or from the Activities—including any injury, illness, or loss caused by the negligence of FOWI, its employees, agents and officers, its contractors, and other Activities participants. I also understand that any equipment that I provide or may borrow or rent from FOWI or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.

RELEASE OF LIABILITY: I hereby RELEASE FOWI, its employees, agents, officers, and contractors, the providers of any equipment used in the Activities, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors ("the Released Parties") FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during the Activities or in any way related to the Activities, including during transportation to or from the Activities. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims that California law does not permit to be released by Agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activities or are related in any way to the Activities.

INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activities. In accordance with these promises, I will reImburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney's fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

Images by: Tammy Reynolds

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