RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Charleston Waterkeeper volunteer activities, including but not limited to transportation and use of equipment related to the activities, and travel to and from activity sites in which I am about to engage.  Inherent hazards and risks include but are not limited to:

1.    Use or operation of equipment related to Charleston Waterkeeper volunteer activities, and travel to and/or from such activities.

2.    Possible equipment failure and/or malfunction of my own or others' equipment which may have been rented, borrowed or personally owned.

3.    My own negligence and/or the negligence of others, including that of Charleston Waterkeeper, Waterkeeper Alliance, or any of their respective employees, agents, independent contractors, representatives, officers, directors, servants, managers, personnel, subsidiaries, parent companies, and other volunteers.

4.    Hazards related to operating or occupying a water vessel which include but are not limited to:  collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, marine life forms, and/or drowning.

5.    Cold weather and heat related injuries and illness, including but not limited to, frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.

6.    Exposure to outdoor elements, including but not limited to severe weather conditions.

7.    Attack by or encounter with insects, reptiles, or animals, including but not limited to marine animals.

8.    Accidents or illness occurring in remote places where there are no immediately available medical facilities.

** I understand the descriptions of risks are not complete and that unknown or unanticipated risks may result in injury, illness, or death.

 

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in any way in Charleston Waterkeeper volunteer activities, I hereby agree, acknowledge and appreciate that:

1.    I agree to waive any and all claims, in law or equity, against, and to assume, defend, indemnify, protect and hold harmless Charleston Waterkeeper, Waterkeeper Alliance, and any of their respective employees, agents, independent contractors, representatives, officers, directors, servants, managers, personnel, subsidiaries, parent entities, insurers, and other volunteers against any and all costs, including attorney's fees, claims, demands, damages, losses, actions, judgments, or causes of action of whatsoever kind, arising from, in whole or in part, volunteer activities with Charleston Waterkeeper.  This waiver includes but is not limited to travel to and from Charleston Waterkeeper volunteer opportunities, and includes but is not limited to claims of personal injury, disability, death, or loss or damage to person or property.  This wavier applies WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE by Charleston Waterkeeper, Waterkeeper Alliance, or any of their respective employees, agents, independent contractors, representatives, officers, directors, servants, managers, personnel, subsidiaries, parent entities, insurers, and other volunteers.

2.    This waiver applies not only to myself, but to my estate, heirs, survivors, executors, or assigns.

3.    By entering into this Agreement, I am not relying on any oral or written representation or statements made by Charleston Waterkeeper, Waterkeeper Alliance, or any of their respective employees, agents, independent contractors, representatives, officers, directors, servants, managers, personnel, subsidiaries, parent entities, insurers, or volunteers, other than what is set forth in this agreement.

4.    The interpretation of this document in any dispute in any way related to this document or any underlying claim shall be governed by the law of the State of South Carolina.

**This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

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By selecting "I Accept" you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement. By selecting "I Accept" using any device, means, or action, you consent to the legally binding terms and conditions of this Agreement. You further agree that your signature on this document (hereafter referred to as your "E-Signature") is as valid as if you signed the document in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature. You are also confirming that you are the individual authorized to enter into this Agreement. You further agree that each use of your email equates to your E-Signature and constitutes your agreement to be bound by the terms and conditions of this Agreement as they exist on the date of your E-Signature on this form.