HANLAN BOAT CLUB
Liability Waiver and Assumption of Risk
Risks of rowing in general
I, (enter participant's name / parent or guardian if participant is under 18 years of age)
understand and hereby acknowledge that rowing and sculling include activities both on land and on the water (all of which are the "Rowing Activities") that involve certain risks and dangers incidental thereto. Rowers do not face the direction in which they are rowing in boats, including “coastal” and similarly designated vessels, that, to a greater or lesser extent, are unstable and not designed to handle rough water conditions.
Moreover, rowing vessels can be fast, can carry significant weight and momentum, and by design can suffer from limited maneuverability.
Moreover, I understand that the risks include, but are not limited to, injury from collision with another vessel or stationary objects and from the malfunctioning of equipment and injury or drowning as a result of capsizing or being swamped by waves from passing vessels or adverse weather. Such risks are increased when the air or water temperature is low creating the risk of hypothermia. I also understand that the physical exertion of rowing, including carrying boats in and out of the water, can result in injury or death.
Responsibilities of members to assume their own liabilities and risks (Not an exhaustive list)
I further agree and acknowledge that:
I have read the HANLAN BY-LAWS, the SAFETY CODE & TRAFFIC PATTERN, the BOAT USAGE POLICY, the ATHLETE CODE OF CONDUCT & MEMBER RESPONSIBILITIES and other materials made available by the club as a part of, but not limited to, the Member Handbook;
I also have read, and agree to continue to read, other safety materials for the benefit of members, including, but not limited to, checklists, maps, notices and weather updates as may be posted both on digital media and in the boathouse;
I assume responsibility for continuing to examine any of the above materials, both online and in the boathouse, for any changes or additions at any time;
I am responsible for being medically fit to engage in the activity of rowing and I confirm that I can swim and that am in good health and do not suffer from a heart condition or other ailment that could be exacerbated by the exertion involved in rowing;
I am responsible for ensuring the working condition and good repair of any boat or vessel or equipment I choose or agree to use, including the adequate provision of approved safety equipment as outlined in Transport Canada’s “Safe Boating Guide”;
I am responsible for ensuring the working condition and good repair of any vessels and equipment used in activities ancillary to rowing I use, including, but not limited to, rowing machines and exercise equipment, motorized launches (“coach boats”/“safety boats”) and engines, tools and hardware, life jackets and survival suits, footwear and clothing, paddles and bailers, boat racks and boat storage, oar racks and other equipment storage, boat lights and marine signaling devices, radio communications equipment, dollies and trailers, road vehicles, boat stretchers, steps and stools, strapping, lines and ropes, engine fuel and oil, and I am responsible for the safe usage and approved operation thereof;
I am responsible for my safety when using the property, lands, vehicles and other non-rowing equipment pertaining to the club and its facilities, including, but not limited to, the grounds, boathouses, grounds maintenance equipment, office and shelters (i.e. the trailer), utilities, shoreline, docks, fencing and gates, storage areas, and hygiene facilities.
I am responsible for providing myself with sufficient, appropriate clothing and other protection from the elements, as suitable to the conditions;
I am responsible for providing myself with an appropriate, working, approved life jacket and other personal safety equipment (unless otherwise the explicit responsibility of my programme, e.g. schools rowing) where required;
I am responsible for my own transportation to off-site events, as well as any expenses or liabilities which may befall me as a result, even in circumstances where a club official or fellow member has organized shared travel arrangements;
I agree to be bound by rules not otherwise mentioned including, but not limited to, those rules established by Hanlan Boat Club, and/or established by Rowing Canada Aviron (RCA), and/or established by Transport Canada and administered by the Canadian Coast Guard, and/or established by PortsToronto (when in its jurisdiction) and administered by the Marine Unit of the Toronto Police Service, and/or established and administered by another jurisdiction and its agencies;
Furthermore, I am responsible for my personal safety and welfare in the operation of any boat or vessel, and in providing due consideration for the safety and welfare of other club members, club guests and other water users;
Furthermore, I am responsible for learning and employing the skills of rowing, for learning and employing boat operating skills generally, in learning and employing marine safety procedures, in learning and employing first aid, and in the ongoing acquisition and employment of new knowledge and skills as may pertain to my activities, rowing-related or otherwise, at Hanlan Boat Club;
Further to the points above, any expenses or liabilities which may befall me as a result of my participation in the activities of Hanlan Boat Club, rowing-related or otherwise, whether as an athlete, a coach, or a member generally, are my own responsibility.
Damage to Equipment Policy
In the event of damage being caused to Club equipment it must be
immediately reported to the Club Captain or Head Coach and an Incident
Report completed. Club equipment in this context includes any items
that are owned, borrowed, or leased by the Club.
Repairs to the equipment will be estimated and paid for by the Club.
However, the individual crewmembers, including coxies, who were using
the equipment when the damage was sustained, will be asked for an
equal contribution of up to $250 each to cover the cost of the repairs.
Any additional balance will be paid for out of Club funds and/or an
insurance claim will be made. In a multi-boat collision all crewmembers
and coxies involved will be assessed equally regardless of the damage to
each individual shell.
The Club members so assessed will be allowed a period of twenty-one
(21) days to make their payment to the Club. Should any payment not be
received by then, water privileges will be revoked for that member(s) until payment is received.
In spite of and fully understanding such risks and other risks not expressly stated I wish to participate in the Rowing Activities at the Hanlan Boat Club ("the club") and hereby assume all the risks of doing so.
In consideration of Hanlan Boat Club and RCA agreeing to allow me to participate in the Rowing Activities accompanied or unaccompanied (meaning with or without a safety/coach boat), employing the club's or private equipment, and permitting my use of club facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree to not hold the club, its Directors, officers, employees, agents, coaches, instructors, independent contractors, subcontractors and representatives, or those of RCA (all of whom are herein after referred to as the "Releasees") liable for my personal injury, death and/or property loss, and;
TO WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST THE RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in the Rowing Activities, on land or on water, due to any cause whatsoever, including NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES AND FURTHER, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ROWING ACTIVITIES REFERRED TO ABOVE.
I agree to hold harmless and to indemnify the Releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Rowing Activities. I agree that this agreement shall be binding upon my heirs, next of kin, executors, administrators and assigns in the event of my death. In entering into this agreement I am not relying on any oral or written representation or statements made by the Releasees with respect to the safety of the Rowing Activities other than as set forth in this agreement.
I have read and understood this agreement and I am aware that by signing this agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators and assigns may have against the Releasees.