WAIVER AND RELEASE OF LIABILITY
In consideration of Spartanburg Water furnishing services, food and/or equipment to enable me to participate in Paddle Fest offered by Spartanburg Water, I agree as follows:
I fully understand and acknowledge that outdoor recreational activities have: (a) inherent risks, dangers and hazards and such exists in my use of Spartanburg Water equipment and my participation in Spartanburg Water activities; (b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Spartanburg Water; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, terrain, weather, trail or river/lake route location, and water level, risks of falling out of or drowning while in a canoe, or kayak, risks of falling off while operating a these watercraft, and such other risks, hazards and dangers that are integral to recreational, meal, and other activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility of any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Spartanburg Water, or by any other person.
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Spartanburg Water and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Spartanburg Water equipment or my participation in Spartanburg Water activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Spartanburg Water.
The venue of any dispute that may arise out of this agreement or otherwise between the parties to which the Spartanburg Water or its agents is a party shall be in the County Courts in Spartanburg County.
I permit the use of any photos, slides, films, or sketches of him/her taken during the day’s activities for publicity, advertising, promotion or other commercial purpose.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE SPARTANBURG WATER FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.