Release
and Waiver of Liability and Indemnity Agreement (Read
Carefully Before Signing) In consideration of
being permitted to participate in any way in the program indicated below
and/or being permitted to enter for any purpose any restricted area (here
in defined as any area where in admittance to the general public is
prohibited), I, or in the case of a minor, the parent(s) and/or legal
guardian(s) of the minor participant named below agree: 1. I
recognize, or in the case of a minor the parent(s) and/or legal guardian(s) will instruct the minor participant
that prior to participating in any activity or event, he or she should
inspect the facilities and equipment to be used, and if he or she believes
anything is unsafe, the participant should immediately advise the
officials of such condition and refuse to participate. I understand
and agree that, if at any time, I feel anything to be UNSAFE; I will
immediately take all precautions to avoid the unsafe area and REFUSE TO
PARTICIPATE further. 2.
I/We fully understand and acknowledge
that: a.
There are risks and dangers
associated with participation in health and fitness events and activities
which could result in bodily injury partial and/or total disability,
paralysis and death. b.
The social and economic losses and/or
damages, which could result from these risks and dangers described above,
could be severe. c.
These risks and dangers may be caused
by the action, inaction or negligence of the participant or the action,
inaction or negligence of others, including, but not limited to, the
Releasees named below. d.
There may be other risks not known to
us or are not reasonably foreseeable at this time. 3.
I/WE accept and assume such risks and
responsibility for the losses and/or damages following such injury,
disability, paralysis or death, however caused and whether caused in whole
or in part by the negligence of the Releasees named below. 4.
I/We HEREBY RELEASE, WAIVE, DISCHARGE
AND COVENANT NOT TO SUE Warrior’s Way, Inc., the facility used by the
participant, including it owners, managers, promoters, lessees of premises
used to conduct the event or program, premises and event inspectors,
underwriters, consultants and others who give recommendations, directions
or instructions to engage in risk evaluation or loss control activities
regarding the Warrior’s Way facility or events held at such facility and
each of them, their directors, officers, agents, employees, all for the
purpose herein referred to as “Releasee”…From all liability to the
undersigned, my/our personal representatives, assigns, executors, heirs
and next to kin For any and all claims, demands, losses or damages and any
claims or demands therefore on account of any injury, including but not
limited to the death of the participant or damage to property, arising out
of or relating to the events(s) caused alleged to be caused in whole or in
part by the negligence of the releasee or otherwise. 5.
I/We HEREBY acknowledge that THE
ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of
serious injury and/or death and/or property damage. Each of THE
UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE
COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF
THE RELEASEES. 6.
EACH OF 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 is held invalid, it is agreed that the balance shall,
notwithstanding continue in full legal force and effect. 7.
On behalf of the participant and
individually, the undersigned partners(s) and/or legal guardian(s) for the
minor participant executes this Waiver and Release. If, despite the
release, the participant makes a claim against any of the Releasees, the
parents(s) and/or legal guardian(s) will reimburse the Releasee for any
money which they have paid to the participant, or on his behalf , and hold
them harmless. I HAVE READ THIS
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND
VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO
ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL
LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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