SPBA APPLICATION FOR MEMBERSHIP
AGREEMENT OF RELEASE
IN CONSIDERATION of being granted the Benefits of membership in the Seneca Power Boat Association:
I, THE UNDERSIGNED, for myself, my personal representatives, heirs, next of kin, successors and assigns, DO:
(a) HERBY AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL ACTS OR ACTIVITIES of myself, my passengers, assistants and crew for any and all damage or injury that may be caused by any or all of us or by our boat, motor, properties or possessions in any way growing out of or resulting from the operation of my SPBA registered boat, boat equipment and/or as a result of our participating in a SPBA event during the actual Sanctioned period.
(b) HEREBY AGREE to be bound by all of the rules of the Association and agree that decisions of it officials and/or interpretation of its rules will be governed exclusively by the administrative review procedure set forth in such rules.
( c) HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE SPBA AS AN ASSOCIATION INCLUDING ALL ITS CORPORATE, ELECTED AND APPOINTED OFFICIALS, ALL MEMBERS OF COMMITTEES, REFEREES AND INSPECTORS, ITS INDIVIDUAL MEMBERS, IT’S MEMBER CLUBS, AGENCIES OF GOVERNMENT WHICH CONTROL ESSENTIAL LAND, WATERSITES, FINANCIERS AND FIRMS WHICH RENDER ESSENTIAL SERVICE GRATIS, INCLUDING ALL OFFICERS, AGENTS AND EMPLOYEES OF THE FOREGOING AND VOLUNTEER WORKERS ASSISTING IN SANCTIONED SPBA EVENTS, all hereinafter referred to as, “releases” from or for any and all liability to me, my personal representatives, heirs, next of kin, successors and assigns, for all loss or damage for bodily injury, death or damage to property of the undersigned which is any way grows out of or results from any such SPBA event or activity or part thereof, during the actual Sanction period and whether any such claim may be based upon alleged breach of any statutory duty or obligation; and
(d) HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in or upon the restricted area or in any way, officiating, observing, or working for, or for any purpose participating in the event and whether caused by negligence of the releases or otherwise.
( e) HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releases or otherwise while in or upon the restricted area and/or while, officiating, observing, or working for or for any purpose participating in the event.
(f) THE UNDERSIGNED EXPRESSLY ACKNOWLEDES AND AGREES THAT THE ACTIVITIES OF THE EVENT ARE VERY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
(g) HEREBY ACKNOWLEDGE AND AGREE that I have no right, property or interest in any radio or television broadcast, motion pictures, still photographs, tape or sound reproductive taken, made, transmitted, reproduced, or used for any purpose of any event, also including, but not limited to pictures and sound of me alone or with other persons, with or without boating equipment, as well as any and all receipts there from, and any transcription thereof.
(h) IN CONSIDERATION OF THEIR PROMOTIONAL EFFORTS ON BEHALF OF THE SPORT, I hereby assign all commercial communication and broadcast rights to the Seneca Power Boat Association, and do declare it as my lawful agent and representative regarding such rights. I AGREE, the SPBA or its assigns, on a non exclusive basis, may us my name and pictures, including pictures of my boat or boating equipment and pictures taken at any SPBA sanctioned event for publicity purposes.
BY VOLUNTARILY AFFIXING MY SIGNATURE BELOW, I WARRANT THAT I have read and understand all of the foregoing: I accept the valuable benefits of membership as good, valid and adequate considerations; the statements in my application are true and the releases will rely on them and upon all my commitments in entering into a membership contract with me.
IN WITNESS WHEREOF, I have hereto set my hand and seal the _________ day of ________________20_____.
APPLICATION OF MEMBERSHIP WILL NOT BE ACCEPED UNLESS
THIS AGREEMENT IS SIGNED BELOW
Signed:________________________________________________________
Date:______________________
Date:______________________Witness Signature:_______________________________________________Date:_____________________
Date:_____________________