Release of Liability
ACCEPTANCE OF THIS WAIVER IS REQUIRED FOR ACCEPTANCE OF MEMBERSHIP OR PARTICIPATION
IN CONSIDERATION of being given the opportunity to participate in any activity with RowNC, Inc., CHaOS Rowing, Crosswinds Boating Center, LLC or the State of North Carolina, I, for myself, my personal representatives, assigns, heirs, and next of kin:
ACKNOWLEDGE, agree and represent that I understand the nature of Rowing Activities, both on water and land based, and that I am qualified, in good health, and in proper physical condition to participate in such Activity.
FULLY UNDERSTAND that: (a.) ROWING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death ("Risks"); (b.) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasees named below; (c.) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.
AGREE AND WARRANT that I will examine and inspect each Activity in which I take part as a member or guest of RowNC, Inc., CHaOS Rowing, Crosswinds Boating Center, LLC or the State of North Carolina and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
HEREBY RELEASE, discharge, and covenant not to sue RowNC, Inc., CHaOS Rowing, Crosswinds Boating Center, LLC, the State of North Carolina, and their administrators, directors, agents, officers, volunteers, members, rowers, coaches, captains and employees, other participating regatta organizers, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the Activity takes place, (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim, to the fullest extent permitted by law.
AGREE to be familiar with, comply with, and be bound by the Rules and Regulations of RowNC, Inc., CHaOS Rowing, Crosswinds Boating Center, LLC, the State of North Carolina, the World Anti-Doping Code (www.usada.org), and the codes, rules, policies and procedures of the U.S. Center for SafeSport (the "SafeSport Rules," www.SafeSport.org), including with respect to the exclusive authority and jurisdiction of the U.S. Center for SafeSport to investigate and resolve reported sexual misconduct and the discretionary authority to investigate and resolve reports of other misconduct. I further agree that arbitration pursuant to the binding arbitration provisions of the SafeSport Rules shall be the exclusive method to resolve any dispute over any disciplinary action taken by RowNC, Inc., CHaOS Rowing, Crosswinds Boating Center, LLC, or the State of North Carolina as a result of a USCSS investigation (the "Arbitration Procedure"). I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
IN CONSIDERATION of being permitted to compete, officiate, observe, work, or participate in any way in the EVENT(S), I for myself, my personal representatives, heirs, and next of kin:
Affirm that I have not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including but not limited to the virus commonly referred to as COVID-19) within the last 14 days, or that I have complied with all local, state, and federal guidelines and regulations as related to communicable diseases;
Acknowledge that I am aware that by entering the premises and participating in rowing-related and sponsored activities that there are risks to me and to those with whom I interact of exposure, directly or indirectly, to communicable disease(s) including but not limited to the virus "severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)", "COVID-19" and/or any mutation or variation thereof;
HEREBY RELEASE, discharge, and covenant not to sue RowNC, Inc., CHaOS Rowing, Crosswinds Boating Center, LLC or the State of North Carolina, their administrators, directors, agents, officers, volunteers, members, rowers, coaches, captains and employees, other participating regatta organizers, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the Activity takes place, all for the purposes herein referred to as “Releasees”, from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor, whether caused by the negligence of the Releasees or otherwise;
HEREBY agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to my illness or death, whether caused by the negligence of the Releasees or otherwise.
HEREBY GRANT the RowNC, Inc. permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I irrevocably authorize the RowNC, Inc. to edit, alter, copy, exhibit, publish, or distribute these photos/videos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo/video.
I HAVE READ THIS RELEASE OF LIABILITY and COMMUNICABLE DISEASE RELATED HOLD HARMLESS, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Participant Acknowledgement
Living Our Values
CHaOS was founded with the credo that “We are a small group, so having the right members is a matter of survival. ‘Right members’ contribute on and off the water, aim to become better rowers, are ready to support others in their quest for the perfect stroke (irrespective of their starting point), will show initiative and contribute where it is needed, and make CHaOS Rowing better for all members.”
As part of making CHaOS better for all participants, and because we are united by a love of rowing, no matter our differing levels of experience and expertise, we will endeavor always to treat each other with mutual respect. When conflict arises, we will do our best to assume positive intent as we seek resolution.
Putting Safety First
Any doubt about whether conditions are safe enough for a row is sufficient reason not to leave the dock.
Any doubt about whether a rower feels physically or mentally fit to row in any given situation is also sufficient reason not to leave the dock.
Participants should review the USRowing safety video (https://www.youtube.com/watch?v=Rx5SUe_RdgQ ) prior to participating in any rowing activities.
It is incumbent upon each participant to examine and inspect each aspect of the rowing activities in which they take part and that, if they observe any condition which they consider to be unacceptably hazardous or dangerous, they will notify the proper authority in charge and will not to take part in the rowing activities until the situation has been corrected to their satisfaction.
Given the nature of Jordan Lake, participants at the very least should be able to swim 300 yards and tread water for ten minutes. Participants who cannot should strongly consider rowing with PFDs.
Participants should check current conditions through the weather station at Crosswinds (https://www.wunderground.com/personal-weather-station/dashboard?ID=KNCAPEX37) and the weather forecast for Pittsboro (27312) at https://www.wunderground.com/hourly/us/nc/pittsboro before launching. Participants should not row if there are thunderstorms in the forecast. If thunder is heard while rowing, they should return to the dock immediately if possible, and if not, attempt to beach the boat and seek immediate shelter. They should then wait at least 20 minutes until after the last thunder, or until lightning has moved at least 10 miles away from the lake, before launching.
Participants should not initiate a row when fog or other severe weather prevents being able to see or distinguish the arches of the bridge from the dock.
Participants should not attempt to be on the water if the wind prevents safe launching, rowing, or docking. USRowing recommends no rowing if wind speeds exceed 11mph. What is considered safe depends on wind direction and wind strength as well as boat size. White caps and water splashing over the dock are good indicators of unsafe conditions. Be aware that winds increase as the morning progresses.
Participants should understand the dangers of rowing during periods of high and low temperatures. If heat indices exceed 950F, they should substantially limit the intensity of their training.
If wind chill conditions are at or below freezing, participants should only row after taking extra precautions (e.g., dressing appropriately, using a personal flotation device (PFD), staying within 100 yards of shore, favoring bigger boats) and inform their spouse, partner, or significant other before rowing on their own. They should not row if they cannot close the oarlock with their bare hands.
Rowing a single in winter can be particularly dangerous. In addition to the above, participants who choose to row alone should also consider additional safety measures including personal locator beacons, mobile phone connectivity, rowing within clear sight of others and bringing along an emergency safety blanket.
There is no broadly mandated traffic pattern on Jordan Lake, so all participants must stay vigilant to avoid collisions with other boaters, paddlers, SUPs, swimmers and all other craft and people on the water. Additionally, all participants should follow the “CHaOS Rowing Pattern,” which means always keeping starboard (left) shoulder, as close to shore as is practical. Details of the suggested pattern as well as significant obstacles are posted at the boat racks, and are available at https://www.chaosrowing.org/trafficpattern
In the event of an incident resulting in personal injury or equipment damage, the participants involved are required to file an Incident Report within 24 hours at https://www.chaosrowing.org/incident-reporting
Respecting Our Facilities & Equipment
We use Crosswind Marina at the pleasure of its landlord. Participants are expected to follow all rules set forth by Crosswinds, including parking locations and practice times.
We are fortunate to have excellent equipment. Participants are expected to take good care of our physical assets. If equipment is damaged, whether on land or on water, an Incident Report must be filed within 24 hours at https://www.chaosrowing.org/incident-reporting.
If a participant notices damage to the dock, to our boats, riggers, and oars, or to our storage facilities, they should make the necessary repairs wherever possible and otherwise notify the CHaOS Captain (row@chaosrowing.org) as soon as possible.
Parties involved in damaging RowNC equipment are responsible for getting it fixed (either by engaging somebody who can repair it or if appropriate and under supervision, do the repair themselves). Alternately, they are responsible for their share of the damage up to the amount of the deductible if RowNC determines the repairs should be covered by insurance.
RowNC property (boats, oars, slings, etc.) is prioritized for use at scheduled practices. If there is a desire to take such equipment to an out-of-town race whose timing would conflict with practice, such use must first be approved by the CHaOS Captain (row@chaosrowing.org).
Welcoming Guests
A guest must be announced to CHaOS Captain (row@choasrowing.org) at least 48 hours in advance of their first outing with the club. When a guest is announced, their skill level in sweep rowing and/or sculling must be stated. The guest must sign the online waiver and agreement at least 24 hours before the outing.
Ideally, the first outing of a guest should be during regular club practices. Exceptions must be discussed with CHaOS Captain before the outing. When setting boatings with guests, the purpose of the outing, the weather conditions, and the skill level of the guest should be considered to ensure a safe, enjoyable outing for all involved rowers.
Promoting CHaOS & RowNC
I grant RowNC permission to use my likeness in a photograph, video, or other digital media (“photo”) in all its publications, including web-based publications, without payment or other consideration. I irrevocably authorize the RowNC to edit, alter, copy, exhibit, publish, or distribute these photos/videos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo/video.
SafeSport
Participants will be familiar with and follow the US rowing SafeSport policy, in its current and any future form.
Dealing with the Unknown
From time to time, other issues relevant to the safety and success of the organization will arise (e.g., COVID-19). When this happens, RowNC and CHaOS will determine policies that participants will be expected to support.
I have read the Participant Acknowledgment and understand that if I fail to live up to the spirit of this agreement, which was crafted to enhance the safety, enjoyment, and sustainability of CHaOS, that my rights as a participant may be curtailed and/or terminated.
I agree with the terms of this acknowledgement.