This Release and Waiver of Liability and Youth Participation Agreement (the “Release”) is executed by the “Volunteer” (indicated below) in favor of the State of Iowa, N-Compass, Inc., The University of Iowa, Iowa Department of Natural Resources (DNR), Board of Regents-State of Iowa, Iowa State University, University of Northern Iowa, and any federal, state, county, city, nonprofit organization or other agencies, canoe outfitter, partners, landowners, volunteers, participants, coordinators, sponsors, and any of the assigns, officers, servants, agents and employees of the aforementioned persons and entities (hereinafter referred to as “Releasees”). The Volunteer and/or the Volunteer’s minor child(ren) desires to participate on Iowa Project AWARE as a volunteer and to engage in any and all activities available on Iowa Project AWARE, including but not limited to river paddling, portaging, swimming, whitewater rafting, tubing, floating, hiking, riding in vehicles, attending presentations and seminars, picking up, hauling, loading, unloading, and transporting trash and debris, and any other activities available on Iowa Project AWARE (collectively the “Activities”). Any minor children of Volunteer may be referred to as “Child” or “Children.” The Volunteer hereby freely, voluntarily, and without duress executes this Release for the Volunteer’s self and for his/her personal representatives, heirs, Children, relatives, and next of kin (collectively “Kin”) agrees to the following terms:
Release, Waiver, and Indemnity: Volunteer agrees and does hereby, for himself/herself and his/her Kin, release, forever discharge, covenant not to sue, indemnify, and hold harmless the Releasees from any and all liability, claims, causes of action, judgments, awards, losses, attorney fees, expert fees, costs, expenses, and demands of whatever kind or nature, based in tort, contract, statutory or otherwise, either in law or in equity, relating to or arising out of Volunteer’s or his/her Kin’s Activities. Volunteer, for himself/herself and on behalf of his/her Kin, hereby expressly and specifically assumes full responsibility for all risks related to or arising out of the Activities.
Volunteer, for himself/herself and his/her Kin, understands and agrees that this Release discharges the Releasees from any and all liability, claims, causes of action, judgments, awards, losses, and demands that the Volunteer and his/her Kin may have or obtain against Releasees, including but not limited to those related to or arising out of bodily injury, personal injury, illness, death, or property damage that may result from Volunteer’s or Kin’s Activities, whether caused in whole or in part by the negligence or recklessness of the Releasees. Volunteer and his/her Kin also understand and agree that Releasees do not have any responsibility for or obligation to provide any assistance to Volunteer or his/her Kin, including but not limited to financial, medical, health, disability, long-term care, short-term care, or insurance, in the case of any injury, illness, event, omission, or incident.
Good Samaritan Release: In the event any Releasee renders any first aid, treatment, help, support, or service (collectively “Help”) to Volunteer or his/her Kin or in the event any Releasee fails or refuses to render any such Help, then Volunteer and his/her Kin do hereby release and forever discharge the Releasees from any liability, claims, causes of action, judgments, awards, losses, and demands which relate to or arise from any such Help or lack of Help. This provision is intended to protect Releasees from any Good Samaritan actions or omissions, and this Release shall be interpreted and construed consistently with such intent.
Assumption of the Risk: The Volunteer understands that the Activities may include activities that are hazardous to the Volunteer or his/her Kin, including but not limited to river cleanup, loading and unloading, transportation, paddling, camping, and any other activities, The Volunteer understands that he/she and his/her Kin always have the right to refuse to perform any Activity.
Insurance: The Volunteer understands and agrees that Releasees do not carry or maintain any insurance coverage (health, medical, disability, otherwise) for any Volunteer. Each Volunteer and his/her Kin is expected and encouraged to obtain his/her own insurance coverage.
Photographic Release: Volunteer and his/her Kin do hereby grant and convey unto N-Compass, Inc. all right, title, and interest in any and all photographic images and video or audio recordings made by N-Compass, Inc. during the Volunteer’s and his/her Kin’s Activities, including but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings.
Other: Volunteer and his/her Kin agree that this Release is and is intended to be as broad and inclusive in favor of Releasees as permitted by the laws of the State of Iowa, and this Release shall be interpreted and construed consistently with such intent. This Release shall be governed by and interpreted in accordance with the laws of the State of Iowa, excluding conflict of law principles that would result in application of the laws of any state other than Iowa. Volunteer and his/her Kin agree that venue of any court proceeding related to or arising out of Iowa Project AWARE, any Activities, or this Release shall be brought only in a court located in the State of Iowa. Volunteer and his/her Kin agree that in the event that any clause or provision of this Release shall be held to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions of this Release shall continue to be enforceable.
Personal Flotation Devices (PFDs) are required to be worn at all times for any Activities involving or related to water. Children require appropriately-sized PFDs. It is the responsibility of the Volunteer and his/her Kin to supply and furnish their own PFDs, and Releasees are not required to supply or furnish any PFDs.
All Volunteers and his/her Kin must portage around all dams, obstacles, and obstructions.
If paddling a multi-passenger vessel, all minors under the age of 12 must be accompanied by a legal adult in said vessel. If paddling a vessel solo, all minors under the age of 12 must be within visual sight of their parent/legal guardian or authorized adult companion.
All Volunteers must adhere to the following code of ethics. 1) Volunteers must request permission from landowners to access private property; 2) Volunteers must offer explanations of who we are and what we are doing; 3) Volunteers must respect property owners’ rights and do not harm private property; 4) Volunteers take complete responsibility for their personal safety.
