By signing below, I represent that I fully understand the risks related to my association with and/or participation in the World Ocean School Walk The Plank (the "Event"), which is a fund raising event by walking a plank from Roseway into Boston Harbor in open water greater than (10) feet in depths, with access to and from the water by ladders affixed to a wooden dock. I have read, understand, and agree to the terms of this Waiver and Release of Liability
("WRL"). I understand that I am being allowed to participate in the Event in consideration of my agreement to the terms of this WRL and in reliance on the truth of all of my statements and representations regarding my participation in the Event, including those made in this WRL, my application or otherwise.
Certification of Eligibility; Understanding of the Risks. If I am participating in the Event, I represent that: (i) I am physically fit and have not been advised otherwise by a health or medical professional; (ii) I am in sufficient and appropriate condition to participate in the Event; (iii) I fulfill the requirements listed for this Event; and (iv) I understand and accept that this event carries a potential for death, serious injury, illness, and temporary or permanent disability. I acknowledge that I am aware of all of the risks inherent in walking a plank from Roseway into Boston Harbor. The risks of participating in the Event include, but are not limited to, those caused by the water, terrain, facilities, amenities, supplies, temperature, weather, condition of participants, lack of hydration, boats, equipment, vehicular traffic, or the actions of other people, including but not limited to participants, volunteers, spectators, coaches, event officials, event monitors, and/or producers or sponsors of the event. I understand that the risks include property damage, theft or loss. I hereby assume the risks of participating in this Event.
Waiver, Release and Discharge. I hereby agree to forever waive, release and discharge World Ocean School Event organizers, exhibitors and sponsors, and the directors, officers, shareholders, employees, volunteers, contractors, suppliers, representatives, agents and affiliates of any of the foregoing, from any and all liability whatsoever in connection with my participation in, presence at, or association with the Event, including without limitation, any claims, actions, costs or expenses of any kind arising in connection with my death, disability, personal injury, property damage, theft or loss.
Indemnity. I hereby indemnify all of the entities or persons listed in Paragraph 2 above from any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees) resulting from or arising out of or in connection with my negligence, willful misconduct, misrepresentations, fraud, or violation of race rules, this WRL, or any applicable law, ordinance or regulation.
Consent to Medical Treatment. I hereby consent to receive, and authorize Event representatives and medical personnel to provide, first aid and medical treatment which may be deemed advisable in the event of injury, accident or illness during this Event.
Compliance with Event Rules. I agree to abide by all rules of the Event and the rules and regulations of World Ocean School, which have been provided to me, including without limitation, those governing pollution, and self-promotion.
Consent to Use Image; Ownership of Copyright. I hereby grant full permission to World Ocean School Event employees, organizers, exhibitors and sponsors, to use photographs, videotapes, motion pictures, recordings, and any other record of this Event for any purpose whatsoever. I understand that the World Ocean School or its designee holds all copyright rights to photographs, videotapes, motion pictures, recordings, and other records of this Event. Any reproduction or use of this material without the written consent of the World Ocean School is forbidden.
This WRL shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any provision is deemed unenforceable by a court of competent jurisdiction, such provision or unenforceable portion thereof shall be deemed deleted and reformed to the maximum legally enforceable extent to achieve the intent of the original provision.
THE WORLD OCEAN SCHOOL AND ITS DIRECTOR(S) RESERVE THE RIGHT TO CHANGE THE LOCATION OR CANCEL THE EVENT FOR ANY REASON, IF, IN THEIR SOLE DISCRETION, WEATHER CONDITIONS, ACTS OF GOD, OR UNFORESEEN CIRCUMSTANCES SO WARRANT.
BY CHECKING THIS CHECKBOX, I CERTIFY THAT I HAVE READ, UNDERSTAND, AND ON BEHALF OF MYSELF, MY EXECUTORS, ADMINISTRATORS, HEIRS, NEXT OF KIN, SUCCESSORS AND ASSIGNS, AGREE TO BE BOUND BY, THE TERMS OF THIS WRL.