The Freedom Paddle 2023 Indemnity and Waiver of Liability.
I hereby declare that I am in good health and and do not suffer from any disability or other limitation that would prevent or limit participation in activities offered by the Freedom Paddlers Club, organisers, Treble Entertainment, property owners, Oceana Power Boat Club, Western Cape Canoe Union, Canoeing South Africa along with the sponsors of any and all liability arising and I have sufficient experience to participate in this event held by the same organisers at the same venue.
I have inspected the equipment and facilities and have determined each to be reasonably suited for my use and agree that if, at any time, anything unsafe is observed, notice of such condition will be given immediately to the organisers by me and I will immediately cease all activities.
I assume all risks of participation in the Freedom Paddle. I understand that there are inherent risks of injury in using equipment and participating in activities such as used and offered by the organiser including but not limited to, falls, collisions, cuts, bruises, sprains or strains, with resulting damage to bones, joints, ligaments, muscles or other body parts. In some cases I may suffer certain other risks which could include abnormal blood pressure, fainting, disorders of heart rhythm, stroke and in certain instances heart attack, brain damage, drowning or other causes of distress or even death. I agree that I will promptly report any discomfort or signs indicating abnormality or distress and stop any activity that is causing discomfort or distress.
Understanding the above, to the fullest extent permitted by law, I, on behalf of myself, my heirs, COVENANT NOT TO SUE AND RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS the organiser, property owners, volunteers, rescue personal, Freedom Paddlers Club, organisers, property owners, Oceana Power Boat Club, Western Cape Canoe Union, Canoeing South Africa, Treble Entertainment and the sponsors (the “Released Parties”) for any liability, claims, demands, actions or rights of action for any DEATH, INJURY, ILLNESS, DISEASE, PHYSICAL OR MENTAL DAMAGE, PROPERTY DAMAGE OR LOSS OR ANY OTHER HARM suffered by me or any of my property during, as a consequence of or using the Equipment and/or participating in the Activities offered by the organiser including, but not limited to, any injury or harm suffered as a result of negligence or acts or omissions (either pre-injury or post-injury) of any of the Released Parties or any defect in or damage to any of the Equipment, property or facilities of the Released Parties.
BY CHECKING THE "I ACCEPT" on the entry form I AM SIGNING THIS DOCUMENT. I RECOGNIZE THAT IF ANYONE IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE I AM USING THE EQUIPMENT OR PARTICIPATING IN THE ACTIVITIES, I WILL HAVE NO RIGHT TO FILE A LAWSUIT OR MAKE A CLAIM AGAINST ANY OF THE RELEASED PARTIES EVEN IF ANY OF THE RELEASED PARTIES NEGLIGENTLY CAUSED THE BODILY INJURY OR PROPERTY DAMAGE. I AGREE TO HOLD HARMLESS AND TO INDEMNIFY EACH OF THE RELEASED PARTIES from all liability, claims, demands, actions or rights or action, damages, defence costs, including attorney’s fees, or from any other costs incurred in connection with claims for bodily injury or property damage which I may negligently or intentionally cause to any property or to other parties in the course of my use of the Equipment or participation in the Activities.
I have carefully read and fully understand the foregoing. I have had an opportunity to ask any questions about the equipment used and Activities offered by the Freedom Paddlers Club, organisers, property owners, Oceana Power Boat Club, Western Cape Canoe Union, Canoeing South Africa, property owners, volunteers, rescue personal, Treble Entertainment, and the waiver. All of such questions have been answered.
I agree to all of the foregoing with the intent to be legally bound on behalf of myself, the participant (if signed by a guardian), and the spouse or other relatives of myself and/or participant, if any, and to the extent that I am able to do so, any heirs, executors, administrators and assigns. It is intended that if any portion hereof is held invalid, the remainder shall remain in full force and effect. I also agree to abide by all the safety and other rules the organiser or safety representatives may In addition participants agree that sponsors and/ or organisers may use photographic or video material from the race in their advertising material. I acknowledge and accept that by checking the check box marked "I accept" I am signing and agreeing to the terms of this agreement.