| In consideration of being permitted to voluntarily view,
use, and/or otherwise access any of the information, forms,
advice, or manuals found on www.teamnacwo.org (the “Website”),
owned and operated by NACWO, LLC, a California Limited Liability
Company (“NACWO”), you (the “Licensee”)
must carefully read and agree to each of the terms of this Agreement
by clicking the “I ACCEPT” button below.
Release; Waiver of Liability and Indemnification Agreement
In consideration of being permitted to view, use or otherwise
access any of the information, forms, advice or manuals found
on the Website, you, on behalf of yourself, your spouse, your
attorneys, directors, officers, employees, shareholders, principals,
agents, successors, assignors, parent organizations, subsidiaries,
affiliates, heirs, executors, administrators and assigns,
if any, hereby:
1. Represent and warrant that you have the full, complete
and unrestricted authority to make the statements, representations,
warranties and covenants contained in this Agreement; and,
2. Acknowledge and agree that the operation of commercial
water sports activities and/or participating in a water sports
activity is an inherently dangerous activity that involves
substantial risk of serious bodily injury, death and/or property
damage; and,
3. Release, waive, discharge, and covenant not to sue NACWO,
affiliated corporations or companies, managers, officers,
members, directors, shareholders, principals, agents, successors,
assignors, parent organizations, or other persons or entities
who provide information contained on the Website, (all for
the purpose herein referred to as the “Released Parties”)
from all liability to the Licensee, his/her personal representatives,
assigns, heirs, and next of kin for any and all loss or damage,
and any claim or demands therefore on account of injury to
the person or property or resulting in the death of the Licensee,
whether caused by the negligence or gross negligence of the
Released Parties or otherwise attributable to the Licensee’s
use of the information, forms, advice or manuals found on
the Website; and,
4. Agree to indemnify and save and hold harmless the Released
Parties and each of them from any loss, liability, damage,
or costs they may incur due to the Licensee’s use of
any of the information, forms, advice or manuals contained
on the Website and whether or not caused by the negligence
or gross negligence of the Released Parties or otherwise;
5. Assume full responsibility for the risk of bodily injury,
death, property damage and/or litigation relating thereto
in the operation of Licensee’s business, general activities
or otherwise, due to the negligence or gross negligence of
Released Parties or otherwise in the use of the information,
forms, advice or manuals found on the Website; and,
6. Agree that the foregoing releases, waivers, and indemnity
agreements are intended to be and shall be as broad and inclusive
as is permitted by law, and that if any portion of this Agreement
is held invalid, it is agreed that the remainder shall, notwithstanding,
continue in full legal force and effect; and,
7. Acknowledge that the information, forms, advice, and manuals
contained on the Website are the sole and absolute property
of NACWO, and that Licensee will not use, disseminate or reproduce
any such materials in contravention of this Agreement, the
Licensee’s Membership Agreement (as applicable), or
otherwise without the express prior written consent of NACWO,
which may be withheld in NACWO’s sole and absolute discretion.
By clicking “I ACCEPT,” the Licensee signifies
that he/she has read and voluntarily agrees to the terms of
the Release and Waiver of Liability and Indemnity Agreement.
The Licensee further certifies that he/she is over the age
of 18.
I ACCEPT I DO NOT ACCEPT
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