SMUD Property Access Waiver — Release and Waiver of Liability

All persons entering SMUD property related to the US National Whitewater Rafting Championships must read and sign this waiver.

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH RAFTING and occupying property that is not maintained for public access (“Activities”), including but not limited to acts of other participants, adverse water and weather conditions, my own limited skills and knowledge, my own health conditions, and I HEREBY ASSUME SUCH RISKS. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO. I WILL FOLLOW ALL APPLICABLE LAWS.

I assert that I am physically fit for Activities, and I will not hold the Sacramento Municipal Utility District, or their employees, agents, or other associated personnel/volunteers (“Releasees”) responsible if I am injured as a result of any difficulties or situations (medical, accidental, or otherwise) which occur related to participating in Activities related to the US National Whitewater Rafting Championships.

I have no expectation that Releasees will or are obligated to perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold Releasees responsible for any actions or inactions on their part in terms of rescue and/or first aid.

I, for myself, my heirs, executors, administrators and assigns hereby release, waive, discharge and relinquish any action or causes of action which may arise for myself or my heirs and estate, and agree that under no circumstances will I or my heirs, executors, or administrators and assigns bring or allow to be brought any claim (civil or criminal) for personal injury, property damage, breach of contract/warranty, equitable relief, wrongful death, tort, or any other type of claim or cause of action against Releasees. It is the intention of the undersigned, by this instrument, to exempt and relieve Releasees from liability and responsibility for any and all injuries or damages.

THE UNDERSIGNED acknowledge that they have read the foregoing paragraphs, have been fully and completely advised of the potential dangers incidental to engaging in the activity/activities listed above, and are fully aware of the legal consequences of signing the waiver.

I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.

Name: _____________________________
Signature: __________________________
Date: _____________________

SMUD File: AR/RP 035 Chili Bar Reservoir

American Canoe Association — Adult Waiver & Release of Liability

Read before signing. All participants in ACA-insured activities must hold ACA membership in one of the categories below.

Membership options: 1-year ACA Individual Membership $40 · 1-year ACA Competition Individual $40 (plus $80 Competition License if applicable) · ACA Event Membership $10 (one activity, no member benefits). Existing members enter their member number instead.

IN CONSIDERATION of being permitted to participate in any way in the American Canoe Association, Inc. sports and recreation program and related activities (“Activities”) I, for myself, my personal representatives, assigns, heirs, and next of kin:

1. ACKNOWLEDGE, agree, and represent that I understand the nature of paddlesports and related activities and that I am qualified, in good health, in proper physical condition to participate in such activity and willingly agree to comply with the stated and customary terms and conditions of participation. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. If I decide to leave early and not complete the trip as planned, I assume all risks inherent in my decision to leave.

2. FULLY UNDERSTAND that: (a) Paddlesports and related ACTIVITIES INVOLVE RISKS AND DANGERS OF DAMAGE TO PERSONAL PROPERTY AND 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 or that of the minor in the Activity.

3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the American Canoe Association, Inc., its Paddle America Clubs, affiliated clubs and organizational affiliates, their respective ACA certified instructors, certified instructor trainers, and certified instructor trainer educators, administrators, directors, agents, officers, members, volunteers, and employees, other participants, 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, INJURIES, DAMAGE TO PROPERTY, OR OTHER 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 the result of such claim.

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.

Name (print) ______________________   Date of Birth __________   ACA # (if any) __________
Street Address ______________________________________________
City ________________ State ______ Zip ________
Email ____________________   Phone ____________________
Date __________   Adult Signature ______________________________
Name / Description of Activity or Event ______________________________
Sponsoring Club / Organization ____________________   Activity Date __________

ACA Adult Waiver · revised 1/6/2021