Pilot Waiver

West Coast Tub Society

COMPETITION, RACING AND TRAINING

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT

WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!

THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS

INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

All Tub Pilots and Support Vessel Operators MUST have a minimum of a Personal Craft Operators Card

1. The person who is taking part in Bathtub racing, competition, or training activities as an athlete, coach, crew member, spectator or other participant is referred to as “Participant.” I am the Participant or, if the Participant is under 18, I am the Participant’s parent or legal guardian. I understand that Bathtub Racing in sport recreation, race training, competition, performance testing, other equipment testing, propeller and engine testing, using skills course, an oval, boomerang, circle or any other shaped course features, competing and any other training or competition related activities, and/or using any of the facilities of the event area, including but not limited to use of the tub lifts, beach access slopes, trails, and other associated equipment, for any purpose of (the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.

2. I understand the dangers and risks of the Activity and that the Participant, as an “team member” and/or “competitor” (as may be defined by statute or other applicable law), ASSUME ALL INHERENT DANGERS AND RISKS. 

3. I expressly acknowledge and assume additional risks and dangers that may result in property damage, physical injury and/or death that may be above and beyond the inherent dangers and risks of the Activity, including but not limited to: Falling or loss of balance; wet, slick or uneven surfaces; ramps, waves; shallow water, shallow beach approaches, collisions with natural or man-made objects or other people; other vessel wakes, inclement weather, small craft winds, rocks, drainage channels, obstacles, debris, Buoys and other rugged beach terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; the negligence of Participant, Tub Area volunteers, event officials or organizers, a guide/instructor, or others (including selection of conditions that exceeds Participant’s ability); guests’ failure to comply with signage; collisions with safety boats and/or other motor or over-water vessels; equipment malfunction, failure or damage; improper use or maintenance of equipment; misloading, entanglements, or falls from boat lifts; varying visibility, storms, lightning, hail, and other adverse weather; becoming lost or separated; limited access to and/or delay of medical attention; Participant’s health condition, physical exertion, exhaustion, dehydration, hypothermia, sea sickness, cold shock; swimming failure and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

4. Participant assumes the responsibility of always maintaining control while engaging in the Activity and for reading, understanding, and complying with all signage, including instructions on the use of courses. Participant must have the physical dexterity and knowledge to safely navigate on the water with due regard to the “Collision Regulations”, as well as drive and beach the Tub in a safe manner. I understand that a minor Participant may participate in the Tub competition without an adult present or may test, practice on the courses with West Coast Tub Society members as guests. I understand that competition Tubs, observation equipment, other Tubs and support or safety vessels may be encountered at any time, and that capsizing, collisions, and injuries are an inherent risk in the sport.

5. I agree that the Participant is a “competitor” at all times, whether practicing for competition or in competition, that Participant shall inspect the training and competition courses prior to participating in the Activity, and that Participant assumes the risk of all course conditions, including but not limited to course construction, layout and obstacles.

6. Additionally, in consideration for allowing the Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE West Coast Tub Society Inc., Any sponsors of West Coast Tub Society, Corporate sponsors each competitor , any of their affiliated companies and subsidiaries, the Campground, owner/operator, land owner, activity operator, the equipment manufacturer, Activity organizer, Activity promoter,  Her Majesty The Queen In Right Of The Province Of British Columbia and all their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees or volunteers, representatives, assignees, officers, directors, (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN BRITISH COLUMBIA ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY. In further consideration for allowing Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.

7. I ALSO AGREE TO PAY ALL COSTS, INCLUDING ATTORNEYS’ FEES, INCURRED BY ANY RELEASED PARTY IN DEFENDING AN INVESTIGATION, CLAIM OR LAWSUIT BROUGHT BY OR ON PARTICIPANT’S BEHALF WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.

8. I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating in the Activity.

9. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care.

10. I agree that any and all claims for loss, injury and/or death arising from Participant’s participation in the Activity shall be governed by the law of the State or Province where the alleged incident occurred and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in the State or Province where the alleged incident occurred.

11. BY SIGNING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old 16 years old (Canada). I understand that a minor Participant may use the Tech Area without an adult present or may navigate, practice and compete on the designated courses with non-West Coast Tub Society members as guests.

12. I understand that this Agreement will apply for each and every day participant engages in any Activity during the applicable operating season. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, subregions, distributors, heirs, next of kin, executors, and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives.

Always practice good “Spirit and Intent”

MINOR PARTICIPANT INFORMATION 

Requires Parent/Guardian to Complete, Sign & Date Below

MINOR #1 – Last Name, First Name, M.I. (print) Date of Birth (MM-DD-YYYY) 

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MINOR #2 – Last Name, First Name, M.I. (print) Date of Birth (MM-DD-YYYY)

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MINOR #3 – Last Name, First Name, M.I. (print) Date of Birth (MM-DD-YYYY)

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ADULT PARTICIPANT / PARENT / LEGAL GUARDIAN INFO.

 Required to Complete, Sign & Date Below

ADULT/PARENT/GUARDIAN – Last Name, First Name, M.I. (print) 

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Date of Birth (MM-DD-YYYY)

SIGNATURE DATE

X ____________________________________________________________________________________

ADDRESS – Street Address/Mailing Address, City, State, Zip/Postal Code (please print)

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EMERGENCY CONTACT (print) RELATION PHONE NUMBER

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