C.A.S.T. for Kids- Boater Volunteer General Release; Indemnification
I, the undersigned, acknowledge that this C.A.S.T. for Kids Foundation event may be a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss, despite our, your, or others’ implementation of all reasonable precautions. The risks include but are not limited to: dehydration; allergic reaction, knee, back, head, eye, or foot injuries; cuts and punctures, including from fish hooks; muscle strains, pulls or tears; abnormal blood pressure; fainting; heart rhythm disorders or heart attack; stroke; or even death; actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, event monitors and/or producers of the event; inclement weather and/or other hazardous natural conditions; and contracting illness (including COVID-19). I further acknowledge that certain risks may result from or be compounded by the actions, omissions, or negligence of C.A.S.T. for Kids Foundation employees, C.A.S.T. for Kids Foundation volunteers, or others, including any negligent emergency response or rescue operations of the C.A.S.T. for Kids Foundation. I hereby assume all of the risks of participating in this event. I state to the best of my knowledge that I have no medical, physical, mental, or emotional health conditions that would hinder my active participation in this program or put other participants at heightened risk of illness, and I recognize the C.A.S.T. for Kids Foundation cannot accommodate special medical related requests, including but not limited to special requests related to food allergies. In the case of an emergency in which I am unable to give permission for medical treatment, I authorize the staff, sponsors, or agents of the C.A.S.T. for Kids Foundation, and all event volunteers, to obtain whatever medical treatment they deem necessary for my welfare. I further understand and agree that I will be financially responsible for all medical provider charges and fees incurred in the rendering of said emergency medical treatment, regardless of whether my medical insurance would cover such charges and fees. With full acknowledgement of all risks, I hereby assume full responsibility for all risk of injury, death, or other loss that may result from my participation in this activity and hereby agree not to sue and to hold harmless, release, and forever discharge, the C.A.S.T. for Kids Foundation and all its employees, directors, officers, agents, partners, sponsors, vendors, and volunteers related to this event from any and all claims and demands whatsoever. This waiver of liability will be construed broadly to provide a release and waiver of claims against the C.A.S.T. for Kids Foundation and all its employees, directors, officers, agents, partners, sponsors, vendors, and volunteers to the maximum extent permissible under applicable law. Further, I agree to indemnify, defend, and hold the C.A.S.T. for Kids Foundation harmless against any claims, damages, fines, violations, or actions brought by a third-party arising from or relating to my actions during the event.
If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (A) the provision will be interpreted or reformed to the extent reasonably required to render the provision enforceable and consistent with the original intent underlying the provision; (B) the provision will remain in effect to the extent that it is not unenforceable; and (C) the unenforceability of the provision will not affect any other portion of this agreement.