In exchange for being permitted to participate in the Pedal, Paddle and Play event hosted by the Northeast Indiana Water Trails, their agents, employees, officers, members, volunteers, participants, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively known as "NEIWTs"), I hereby acknowledge the risks associated with the event, and agree to release from liability, indemnify, and discharge NEIWTs on behalf of myself, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that there are certain inherent risks associated with the activities that will take place during the Pedal, Paddle, and Play event and I understand that those inherent risks include both known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties, and I expressly agree and promise to accept and assume all of the risks existing in the activities I choose to participate in during this event. My participation in this event is purely voluntary, and I am choosing to participate despite those risks.
2. I agree to observe and obey all oral or written rules, warnings, instructions, or directives given by NEIWTS or its event partners or affiliates. I further agree to follow all applicable laws, including but not limited to, those associated with bicycling and water activities in the State of Indiana.
3. I certify that I will wear appropriate protective gear during the event, included but not limited to, a helmet if will be bicycling during the event and/or personal flotation device if I will be boating during the event.
4. I further certify that I will not participate in any event while under the influence of alcohol, drugs or any other substance that could impair my judgment or ability to participate in the event.
5. I hereby voluntarily release, forever discharge, hold harmless, and agree to indemnify and defend NEIWTS against all claims, demands, causes of action, judgments, costs or expenses, including attorney fees and other litigation related expenses, which are in any way connected with my participation in any activity associated with the Pedal, Paddle, and Play event, including all claims which allege negligent acts or omissions of NEIWTS. Furthermore, should NEIWTS or anyone acting on their behalf be required to incur attorney's fees or costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. I agree to pay for any damage to equipment or facilities owned or under the control of NEIWTS or its event partners or affiliates caused by my or my families negligent, reckless, or willful actions.
7. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or in the alternative I agree to bear the costs of such injury or damage. I further certify that I have no preexisting medical or physical conditions that could interfere with my safety during any activity, or in the alternative I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such preexisting condition during the Pedal, Paddle, and Play event.
8. This Agreement constitutes the entire agreement between the parties on the subject matter hereof and supersedes all previous discussion, promises, or representations. No alternation or modification of this Agreement shall be valid unless agreed to in writing and duly signed by both parties. This provision may not be orally waived.
9. I agree that any legal or equitable claims arising from my participation in the Pedal, Paddle, and Play event, or by my signing this agreement shall be resolved under the laws of the State of Indiana.
10. By signing this document, I am certifying that I have read this document and understand that by signing this release I am voluntarily surrendering certain legal rights, including my right to maintain a lawsuit against NEIWTS, on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this document. I assert that I have read and understood it, and further I agree to be bound by its terms.
