Voluntary: I acknowledge that my participation in the Activity covered by this form is strictly voluntary. I will select the activities in
which I will participate. I have consulted a medical professional, if necessary, and will only participate in activities that are within my
Activities and Associated Risks: I acknowledge entering the water is strictly prohibited unless directly instructed by a Staff Member
and that my participation in this activity could include but is not limited to: (a) clean up and/or removal of trash items from potentially
slippery stream and river banks or near highways, roads or other areas of high vehicular traffic, (b) cutting vegetation with sharp tools, (c)
handling of sharp items, (d) standing or walking near to or on the banks of a stream or river that may contain harmful pollutants, bacteria,
or parasites, and (e) carrying or lifting of potentially heavy items on stairs or uneven ground.
Assumption of Risks: I acknowledge that work near streams, creeks and rivers is inherently dangerous and that any and all risks
associated with such work are voluntarily assumed. Such risks include but are not limited to: (a) cuts and abrasions, (b) loss of personal
property such as watches, jewelry or cell phones, and (c) serious bodily injury including drowning or death.
Release of Liability: I hereby release and forever discharge Buffalo Niagara RIVERKEEPER and the sponsors, organizers and their directors, officers, trustees, employees, representatives, or agents, volunteers, and site property owners (the “Released Parties”) from any and all liability, causes of actions, claims, and/or demands that arise in any way out of my participation in the Activity, including claims for negligence, to the fullest extent authorizes by law.
Indemnity: I further agree to indemnify and hold harmless Released Parties against all actions or claims including costs and reasonable
attorneys’ fees arising from any injuries, death, or other damages or losses, resulting from my participation in the Activity. I further
agree to hold the Released Parties harmless against any and all claims for my own negligence. I also agree and acknowledge that the
terms of this agreement will be binding on my estate, heirs, assigns and my administrators, executors, or personal representatives.
Medical Treatment: If I am injured during the Activity, the organizers or volunteers of the Activity assume no responsibility to render
medical care. If an Organizer or Volunteers renders medical care, the organizers and volunteers are not admitting any liability or duty to
provide or to continue to provide any such services and that such action is not a waiver by the Released Parties of any rights under this
Agreement. I acknowledge that I am financially responsible for costs of transport to a medical facility and medical treatment costs resulting
from my injury. It is my responsibility to seek appropriate medical care and to notify the Activity organizers. I understand that this waiver
will have no bearing on any workers compensation claims that I may make as a result of my participation in this event.
Promotion: I understand that I may be photographed during the activity and hereby grant permission for my name, image, likeness,
and voice to be used by Buffalo Niagara RIVERKEEPER, any of the Co-Sponsors, and/or Activity Organizers for any legitimate purpose
in any media or promotional materials now or hereinafter developed.
Severability: I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad
and inclusive as is permitted by New York State law. I agree that if any portion or provision of this agreement is found to be invalid
or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or
partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT. I UNDERSTAND THIS DOCUMENT AFFECTS MY LEGAL RIGHTS AND ANY QUESTIONS I MAY HAVE HAD ABOUT THIS DOCUMENT WERE ANSWERED TO MY SATISFACTION.
I understand that I am electronically signing this waiver as an individual and all other members of my group will need to fill out a copy of the waiver form I will be receiving in my confirmation email.