By signing this Agreement, I agree to the above terms and conditions.
Reston Association & Surf Reston waivers for lake activities involving Stand Up Paddleboarding
Reston Association Waiver
I hereby assume all risk and agree to accept full responsibility and liability for any damages or bodily injuries I or any of my dependents may cause, sustain, or suffer arising out of participation in the above-referenced Activity including any such damages or bodily injuries occurring during, resulting from, or related to any travel to or from the Activity.
I hereby agree to be fully liable for and I hereby agree to waive and release on behalf of myself and my heirs, successors, and assigns, the Reston Association, its Board of Directors, officers, employees, agents, volunteers, and members from any and all injuries, bodily injuries, costs, damages, causes of action, claims and any consequential and incidental damages arising out of or resulting from any injury, death, or damage to property which I or my dependent may sustain, suffer, or cause as a result of my participation in the above-referenced Activity, including any such injuries, costs, damages, causes of action, claims and any consequential and incidental damages occurring during, resulting from, or related to any travel to or from the Activity.
I further agree to indemnify, reimburse, and forever hold harmless the Reston Association, its Board of Directors, officers, employees, agents, volunteers, and members from any and all injuries, bodily injury, costs, damages, including attorneys fees, arising out of or resulting from any injury, death, or damage to property which I or my dependents may sustain, suffer or cause as a result of participation in this Activity, including any such injuries, costs, damages, causes of action, claims and any consequential and incidental damages occurring during, resulting from, or related to any travel to or from the Activity.
I am aware of the risks associated with participation in this Activity and hereby accept and assume on behalf of myself or dependent full responsibility for any and all such risks, including, without limitation, the need to check with a physician before engaging in this Activity, including any physical activity associated with this Activity. I understand that participation in this Activity may involve activities where injury can occur and shall be undertaken at my sole risk and expense. I hereby certify that I am physically fit and have not been otherwise informed by a physician. I understand that Reston Association does not employ physicians and that its staff cannot and do not diagnose medical problems.
I further represent that I or my dependent currently have and carry health insurance and agree that any claim for medical treatment of other purposes shall be made against such health insurance and that my own or dependent’s own personal health insurance shall be primary insurance and the primary source of health insurance coverage in the event that I or my dependent sustain or suffer any bodily injury or medical crisis while participating in this Activity.
I acknowledge that I have read and voluntarily agree to the terms of this Indemnification and Waiver. If any portion of this Indemnification and Waiver shall be held invalid for any reason under the laws of the United States, Virginia, or Fairfax County, those parts that are not held invalid shall continue in full force and effect.
In addition, I promise to abide by the rules and regulations adherent to this Activity or event and to exercise care ad caution for my personal safety and that of my fellow participants. I understand that Reston's lakes are not managed for water quality and that I will enter the lake at my sole risk. I understand further that Reston’s pathways may have irregularities and I have familiarized myself with these conditions.
In consideration of the services of Surf Reston, LLC and Reston Association, its owners, members, officers, directors agents, employees, volunteers and all other persons or entities acting in the capacity on its behalf (hereinafter Surf Reston, LLC referred to as SR and Reston Association referred to as RA), I hereby agree to release and discharge SR AND RA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1) I acknowledge outdoor activities, including instruction and travel to such activities, entail known and inherent risks, as well as unknown and unanticipated risks which could result in serious emotional or physical injury, paralysis, death, drowning or damage or loss to myself, third parties and my own or other property. I understand such risks cannot be eliminated without jeopardizing the essential qualities of the activity. Furthermore, SR AND RA staff has difficult jobs to perform. They seek safety but are not infallible. They might ot be aware of a participants fitness or abilities. They might misjudge the weather, the elements, terrain, trail, lake or river route location. They may give insufficient warnings or instruction, and the equipment being used might malfunction.
2. I hereby voluntarily release, discharge and agree to indemnify and hold harmless SR AND RA from any and all claims, demands, liability, losses or causes of action which ar in any way connected with my participation in this activity or use of SR AND RAs equipment or facilities, including claims related to injury to person or property, disability or death, arising from the negligent act or omission of SR AND RA or otherwise, breach or contract and/or warranty or any other legal theory. This waiver does not apply to claims, demands, losses or liability determined to be the result of the gross negligence or willful misconduct of SR AND RA.
3. Should SR AND RA or anyone acting on its behalf, be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify then for all such fees and costs. I agree that this document and all other aspects of my relationship with SR AD RA are governed by the laws of the State of Virginia and that any legal action resulting from my participation in this activity shall be brought only in Fairfax County, Virginia. In the event that any portion of this agreement is deemed invalid or unenforceable, all other portions of this agreement shall remain in full force and effect.
4. I certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
5. I understand it is required by law to have a U.S. Coastguard approved flotation device (lifejacket) while in and on the water. The undersigned understands that Stand Up Paddle boarding may have inherent risks and SR AND RA is not providing such training in connection with the rental of equipment. The undersigned assumes full responsibility for deciding where, when and with whom to float with. The undersigned acknowledges and agrees that the rental equipment provided by SR AND RA is for the sole and exclusive use of the undersigned and may not be used by any other person.
6. In signing this document, I fully recognize that if injury, illness, death, loss or damage occurs to me while I am engaged in Stand Up Paddle Boarding, I will have no right to make a claim or file a lawsuit against SR AND RA or its officers, agents, or employees, even if they or any of them negligently cause or contribute to my injury, illness, death, loss or damage. I hereby grant SR AND RA the right to take and utilize photographs and video of me participating in these activities for the purpose of sale, promotion, and advertising.
I have carefully read this agreement and understand its contents and I agree to be bound by its terms. I am aware this is a waiver and a release of liability and I sign it voluntarily. I also understand that I should not and may not participate in this activity if I am under the influence of alcohol or drugs.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE.