INFORMED CONSENT/ASSUMPTION OF RISK
I, PRINT NAME_________________________________________________, agree to participate in one or more event(s) sponsored by Thunder in the City, Inc. which may include, but not necessarily be limited to, scavenger hunts, boating events, poker runs, charitable fund raisers, and/or gatherings of any kind by Thunder in the City, Inc. Thunder in the City, Inc. has made me fully aware of risks germane to the events sponsored by Thunder in the City, Inc. and in which I desire to participate. I the undersigned recognize and understand that gatherings or boating are an inherently DANGEROUS ACTIVITY, and that the events sponsored by Thunder in the City, Inc. are not without varying degrees of risk which may include but are not limited to injury and can result in serious injury or death, injury or death due to negligence on the part of myself, other event participants, or other people around me, whether known or unknown by me. I am aware that any of these above-mentioned risks may result in serious injury or death to myself or those in my presence.
I acknowledge that my participation in events and boating activities sponsored by Thunder in the City, Inc. 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 collisions and other things: slips and falls; accidental drowning; boat capsize and entrapment; travel in remote areas; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur getting on or off; exhaustion; exposure to the elements of the outdoors and natural surroundings 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; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the vehicles; equipment failure; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity. Additionally, fatigue, chill, and/or dizziness may diminish my/our reaction time and increase the risk of an accident. Furthermore, Thunder in the City, Inc. personnel 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 HEREBY FULLY ASSUME THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH, ATTENDING, PARTICIPATING IN, AND SPECTATING A THUNDER IN THE CITY, INC. EVENT EVEN IF ARISING FROM THE NEGLIGENCE OF OTHER PERSONS EXECUTING A SIMILAR WAIVER AND RELEASE FROM LIABILITY.
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.
I hereby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in an event designed by Thunder in the City, Inc. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or event while at, or under direction of, Thunder in the City, Inc.
RELEASE:
In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Thunder in the City, Inc., and with my full understanding of all of the above, I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Thunder in the City, Inc. and its agents, officers, members, principals, employees and volunteers, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Thunder in the City, Inc. or my use of Thunder in the City, Inc.’s equipment or facilities, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
If I am signing on behalf of a minor child, I also give full permission for any person connected with Thunder in the City, Inc. to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child.
INDEMNIFICATION:
I recognize that there is risk involved in the types of activities offered by Thunder in the City, Inc. Therefore, I accept financial responsibility for any injury that another participant or I may cause either to him/herself or to any other participant due to his/her negligence or intentional acts. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Thunder in the City, Inc., their principals, agents, members, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Thunder in the City, Inc. This includes but is not limited to parks, recreational areas, host facilities, areas adjacent to host facilities, and/or any area selected for events by Thunder in the City, Inc.
INSURANCE CERTIFICATION:
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.
USE OF PICTURE(S)/FILM/LIKENESS:
I agree to allow Thunder in the City, Inc., its agents, officers, members, employees, and volunteers to photograph their events and any/all picture(s), film, and/or likeness of me for advertising and/or any lawful purpose(s).
VENUE AND GOVERNING LAW:
In the event that I file a lawsuit against Thunder in the City, Inc., I agree to do so solely in the state of Delaware, and 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.
EVENT RULES:
In addition to the foregoing, I affirm that I have made myself aware of all posted event rules and regulations, including consulting Thunder in the City, Inc.’s website and/or event-specific websites for additional safety rules and regulations. If I am using my vessel or vehicle as part of my participation in a Thunder in the City, Inc. event, I understand that:
- I am fully responsible for ensuring my vessel or vehicle has current/valid insurance coverage,
- I am fully responsible for all occupants therein,
- I may not add occupants to my vessel that were not fully registered (minimally defined to include review and completion of this Waiver and full participation event fee) with Thunder in the City, Inc.,
- I am responsible for ensuring boating safety for all occupants of my vessel, and
- All occupants wear appropriate and required United States Coast Guard-approved safety flotation devices.
ACKNOWLEDGMENT:
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 Thunder in the City, Inc. on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation in Thunder in the City, Inc. events.
I have fully read and fully understand the foregoing assumption of risk, and release of liability, and I understand that by signing, it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form, I am waiving valuable legal rights. 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.
PARENTAL CONSENT AND RELEASE
The undersigned parent/nature/legal guardian of_____________________________________ (“Participant”) hereby executes the foregoing Waiver and Release on behalf of the minor named ___________________________________________.
