Dominion Energy Riverrock





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Black Diamond Guided Hike Selection



Waiver

Dominion Energy Riverrock
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Assumption of Risk – Waiver of Liability – Indemnification Agreement (“Agreement”)

 

The activities at Dominion Energy Riverrock Demo Activities (hereafter collectively referred to as “DERDA”) include Try a Kayak, Try a SUP, Try Bouldering, Try Slackline and Group Hikes.  The physical exertion required for these activities is up to you and, consequently, suitable for most levels of fitness and skill.

Try a Kayak and Try a SUP (stand up paddleboard) both involve paddling in a shallow, slow-moving canal.  Try Bouldering provides an opportunity to test oneself in climbing a low, challenging wall with a padded floor.  Try Slackline allows one to challenge oneself by balancing on low-hanging webbing.  Group Hikes all take place on off-road terrain.   

While the many benefits of these activities are apparent, DERDA and its staff regard participant safety as a top priority and attempt to make the activities as safe as possible and have.  Nevertheless, we feel it is important that the Participant (and Parent/Guardian) understand that there are risks inherent in any activity that cannot be eliminated without altering the nature of the activity.  Inherent risks of these activities include, but are not limited to, getting wet, entrapment, drowning, being struck by a paddle or kayak, striking the paddleboard when balance is lost, falling from a  boulder, striking framework, landing awkwardly, collisions with co-participants, bike / vehicle collisions, heat-related illness, and tripping.  Other inherent risks include, but are not limited to, careless co-participant behavior, unexpected equipment failure and unknown facility hazards.

 

Assumption of Inherent Risks: I, the Participant/Parent, understand that all activities of DERDA include important inherent risks that cannot be totally eliminated without changing the nature of the activity.  I, the Participant/Parent, 1) know, 2) understand, and 3) appreciate the types of injuries inherent in DERDA activities.  I, the Participant/Parent, hereby assert that Participant/Parent knowingly and voluntarily assumes all inherent risks of the activity.

 

Waiver of LiabilityIn consideration of permission to use the property, facilities, equipment, and services of DERDA, today and on all future dates, I, the Participant/Parent, on behalf of myself, my spouse, heirs, personal representatives, assigns, and others representing the interests of the participant (hereafter referred to collectively as “Releasing Parties”) do hereby waive, release, discharge and covenant not to sue DERDA and Metropolitan Richmond Sports Backers (Sports Backers), Venture Richmond LLC, City of Richmond, DERDA related companies / entities associated with Dominion Riverrock (including but not limited to: Trickline Collective LLC, Peak Experiences, Blue Sky Fund, Appomattox River Company, Trinity Episcopal School), sponsors of Dominion Energy Riverrock, as well as all owners, directors, officers, employees, volunteers, property owners, independent contractors, agents and suppliers of the foregoing (hereafter referred to collectively as “Protected Parties”) from all claims and / or liabilities of any kind arising out of my participation / involvement in the DERDA activities.

                This Agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in DERDA activities including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; individual use of facilities, equipment, shower/locker room areas; and all premises including the associated sidewalks, parking lots, trails, roads, and streets and to 2) any and all claims resulting from the damage to, loss of, or theft of property.

 

Indemnification: I, the Participant/Parent, also agree to hold harmless, defend, and indemnify DERDA and Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties arising from participant death, injury, or loss due to involvement in DERDA activities (including those arising from the inherent risks of the activity).  I, the Participant/Parent, further agree to hold harmless, defend, and indemnify DERDA and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the Participant in the course of his or her participation in DERDA activities.

 

Clarifying Clauses: I, the Participant/Parent, confirm that:

1) this Agreement supersedes any and all previous oral or written promises or agreements.  I understand that this is the entire Agreement between me and DERDA and cannot be modified or changed in any way by representations or statements by any agent or employee of DERDA;  

2) this Agreement is intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Virginia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect;

3) I will engage in good faith efforts to mediate any dispute, controversy, and / or claim that might arise from this Agreement and / or my participation in DERDA activities.  Any agreement reached at such mediation will be formalized by a written contractual agreement at that time.  Should the issue not be resolved by mediation, I agree that all disputes, controversies, and / or claims arising out of, connected with, or relating to my participation in DERDA activities and / or this Agreement shall be submitted to binding arbitration in accordance with the applicable Commercial Rules of the American Arbitration Association (“AAA”) then in effect.  The place of arbitration shall be the City of Richmond, Virginia.  Judgment on any award rendered in any such arbitration may be entered in the Circuit Court for the City of Richmond; and

4)  this Agreement is governed by, and all disputes, controversies, and / or claims arising out of, connected with, or relating to my participation in DERDA activities and / or this Agreement, shall be resolved in accordance with the laws of the Commonwealth of Virginia.

 

Acknowledgements to Promote Participant SafetyThese affirmations aid DERDA in providing for participant safety.  

Health Status.  The Participant/Parent affirms that the Participant:

·      Possesses no health problems or physical disabilities that would preclude participation in the activity.

·      Will cease activity and inform the activity leader of any health problem that arises during participation.

·      Possesses sufficient skills, coordination, and physical fitness to safely participate.

·      Has been advised by DERDA to seek medical clearance prior to participation.

Medical Care.  The Participant/Parent affirms that the Participant:

·      Agrees that DERDA can administer emergency first aid, CPR, and AED when deemed necessary.

·      Authorizes emergency transport to medical care should that be deemed necessary by DERDA.

·      Authorizes DERDA to secure medical care when it is deemed necessary.

·      Agrees to assume all cost of the care and transportation listed above.

Rules and SafetyThe Participant/Parent affirms that the Participant:

·      Agrees to report all injuries (even minor injuries) so that DERDA may make a record of the injury.

·      Agrees to wear all required safety gear during participation.

·      Agrees to follow all rules of the activity and DERDA.

·      Agrees that DERDA has authority to halt participation if it endangers the participant or others.

·      Agrees to inform DERDA of any conduct or condition that creates a hazard for participants or others.

·      Is not under the influence of alcohol or drugs.

 

Acknowledgment of Understanding:  I, the Parent, assert that I have explained the risks of the activity to my minor son or daughter and that he or she understands the Agreement.  I, the Participant/Parent, have read and understand this Agreement.  I understand that I am giving up substantial rights, including the right of the ADULT PARTICIPANT or the MINOR PARTICIPANT and the PARENT(S) OR GUARDIAN(S) to sue for damages in the event of death, injury or loss.  I acknowledge that I am voluntarily signing the Agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks, to the greatest extent allowed by law of the Commonwealth of Virginia.