Letter-to-the-Editor: The Slide the City Waiver–Rowan Drought–Who Pays for the Water and Police Overtime?

Prudence Killjoy, Bodily Fluids, N.C.

♦ I don’t mean to rain on anyone’s parade especially in hard times Salisbury, N.C., but I do have questions about Downtown Salisbury Inc.’s partnering with “Slide the City” on a thousand yard water slide from Fisher Street down South Main.  I wonder about the practicality of this undertaking and the great cost the City of Salisbury might incur for doing this on August the 29th.

My questions:

• What responsible parent would sign the Slide the City Waiver and waive away any possible claims for possible injury, disease, or death as detailed in the “waiver”.  It’s obvious that traveling one thousand yards, sometimes at high-speeds in water often crowded with bodies, that someone faces risks.  Slide the City Waiver: http://www.slidethecity.com/waiver

**Great news! We’ve since learned that fortunately for any injured plaintiffs, the Slide the City waiver will protect Slide the City, but it does NOT absolve the City of Salisbury of premises liability. So without the option for suing Slide the City, there is still the option of suing Salisbury for its own negligence. So if you have the misfortune of getting a spinal cord injury, a fractured scull, a nasty feral dog bite, or an infection from coliform bacteria from raw sewage–you can still come out on top!**

• Who pays for all those many thousands of gallons of water being pumped into the Slide the City waterway or have it recycled?  I hope the Rowan-Salisbury utility payers are not stuck with the bill.

• Our area of North Carolina has been undergoing a month long drought and its only the end of May.  The weather services are viewing the dry spell as lasting into the summer months.  Can we afford to waste precious water when we will likely be told not to water our lawns and cut down on tap use?

• While its “alleged” that 4,000 people are going to flock here from out-of-town, will we have anywhere near the police resources to cope with these crowds?  While I doubt many would want to come to Salisbury around August the 29th to pay those kinds of ticket prices when the shores and mountains of North Carolina are far more inviting.  How is the City of Salisbury going to pay for all that Police overtime?  Will Salisbury’s taxpayers be stuck with the security bill? And will out-of-towners have safety issues especially on South Main?  Heaven forbid one of our visitors gets turned into a “human fillet”?  This IS Salisbury.

• Why have other cities turned Slide the City down?

Slide the City Waiver: from http://www.slidethecity.com/waiver/

Slide the City™ Assumption of Risk and Warning of Risk Waiver and Release of Claims (“Agreement”)

Participant Name:  (Referred to herein as “I,” “me,” or “my”) In consideration of being allowed to participate in any way in Slide the City™ related events and/or activities (the “Event”), I, the undersigned, acknowledge, covenant and agree that:

1. The risk of injury, illness, disability and/or death from the activities involved in the Event is significant including, but not limited to the following: (i) sprains; (ii) strains; (iii) fractures; (iv) burns, cuts and tears; (v) bruises; (vi) heat and cold injuries; (vii) drowning and near-drowning; (viii) over-use syndrome; (ix) accidents and/or injuries involving vehicles; (x) animal and/or insect bites and or/stings; (xi) contact with poisonous plants; (xii) accidents and/or injury involving, but not limited to falling, slipping, sliding, running, travel by boat, truck car or other convenience; (xiii) heart attack; (xiv) potential for permanent paralysis and/or death; (xv) illness; (xvi) those risks created by other Event participants; (xvii) those risks due to defects or conditions of or at the Event and (xviii) I understand that by participating, I will be through water and potentially mud and other fluids, which has not been tested for chemicals or disease. While particular rules, equipment and personal discipline may reduce these risks, the risk of death, illness, disability or injury does exist;
2. AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, and assume full responsibility and all risks of all nature for my participation in the Event;
3. I agree to abide by any decision of an Event official relative to my ability to safely complete the Event, which decision is at the sole discretion of the Event official and I agree lack of a decision does not create any liability or waiver thereof whatsoever;
4. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE Slide the City, LLC and their officers, directors, members, managers, representatives, officials, principals, owners, licensees, franchisees, agents and/or employees, subsidiaries and/or assigns, as well as their independent contractors, sponsoring agencies, sponsors, advertisers, volunteers and if applicable, owners and lessors of the premises used to conduct the Event (collectively “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, ILLNESS, INCAPACITY, DAMAGES, EXPENSES, DEATH, and/or loss or damage to person or property incurred by me in connection with participation in the Event. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with the Event.
5. I attest and verify that, unless otherwise indicated below, I am over 18 years of age, am free from all illnesses, injuries and defects that could interfere with my safe participation in the Event and that I am physically fit and sufficiently trained to participate in all activities associated with the Event. My participation in the Event is entirely voluntary. I further certify and represent that on the date of the Event I will possess and be covered by medical/health insurance, individually or as part of an organization. I understand and agree that children under the age of 12 are not permitted to participate or accompany me in the Event unless a parent or guardian signs a waiver on their behalf and if no signature is obtained I assume full and complete liability and this Agreement extends to such minor’s participation.
6. I consent to administration of first aid and other medical treatment and transportation in the event of any injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment. This release extends to any liability arising out of, or in any way connected with the medical treatment and/or transportation.
7. The Event may be postponed, cancelled, or modify due to weather conditions, Acts of God or other factors beyond the control of any Releasee. There is no refund granted.
8. I acknowledge and verify that I may be dismissed from participation, without refund, if I endanger the safety or negatively affect the Event, a person, a facility or property of any type or kind.
9. I hereby irrevocably, absolutely and in perpetuity, grant unlimited permission to the Releasees to film, videotape and record gratis the performance of the above named participant in the Event and subsequently to telecast, sell, distribute and other utilize the same in whatever manner Releasees deem appropriate. Such permission includes without limitation granting the unlimited and irrevocable right to Releasees, without compensation of any kind to me, to own, use, publish, republish, copyright, reproduce, sell, distribute, or broadcast my name, nickname, image, likeness, voice, photograph, signature facsimile, biographical information or any other depiction of any kind of me or my likeness (collectively the “Images”), in connection with or due to my participation in the Event, in any electronic or print format or media or format whatsoever, whether such format is now known or later developed. I acknowledge and agree that Releasees and their representatives will have this unlimited right throughout the world.
10. In consideration and in return for being allowed to participate in the Event, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the Events that may be made by me, my family, estate, heirs or assigns.
11. I understand and acknowledge that participation in the Event is strictly personal and registration cannot be transferred. Participation in the Event will be deemed full agreement to each and every term of this waiver of liability and release.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION AND WARNING OF RISK AGREEMENT, I DO FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I UNDERSTAND THERE ARE NO REFUNDS.    /s/    

MINORS: IF UNDER 18 -SIGNATURE OF PARENT OR GUARDIAN REQUIRED I, the undersigned hereby certify, warrant and represent that I am the legal parent or guardian of the above, [ (“Participant”), and that after fully informing myself regarding the nature and risks of the Event, I give my permission for Participant to participate in the same and by my signature below, I fully ratify, accept and agree to all of the terms of the above Agreement for both myself individually, on behalf of the Participant and as a legal parent or guardian of the Participant.         /s/