City of College Park Recreation & Cultural Arts Department PARTICIPANT AGREEMENT, WAIVER, & PROGRAM POLICIES
RELEASE FROM LIABILITY. In consideration of being permitted by the City of College Park to participate in activities at College Park Recreation & Cultural Arts Department Facilities, the Participant, Participant’s heirs, assigns, successors, and representatives, does hereby fully release, indemnify and holds the City of College Park, its officers, elected officials, employees, agents, and representatives (collectively, “Released Parties”), harmless forever and unconditionally from any claims, liabilities, obligations, promises, agreements, disputes, demands, damages (including without limitation attorneys’ fees and related costs), causes of action of any nature and kind, known or unknown, which Participant has or ever had or may in the future have against the Released Parties arising out of or relating to any injury (including without limitation death), accident, loss, and/or other damage that Participant and/or Participant’s property may suffer while participating in any activity and/or using the College Park Recreation & Cultural Arts Department Facilities (“Facilities”) and equipment.
ACKNOWLEDGMENT AND ASSUMPTION OF RISK. Participant understands that Participant’s participation in any activity and/or use of the Facilities or equipment may involve some risk of personal injury from time to time. Participant understands that Participant is voluntarily engaging in any such activities and/or use, some of which may involve vigorous physical activity, and that Participant assumes full responsibility for any loss, property damage or personal injury, including death, that Participant or Participant’s property may sustain as a result thereof, whether caused by the negligence of any of the Released Parties or otherwise, including without limitation as a result of negligent rescue operations. Participant hereby represents and warrants that, to the best of Participant’s actual or constructive knowledge, there is no reason, medical or otherwise, that would make any such participation or use unusually hazardous for Participant personally.
MEDICAL TREATMENT In the event of an emergency, Participant hereby authorizes the City to secure from any licensed hospital, physician, or licensed medical personnel any treatment deemed reasonable and necessary for Participant’s immediate care. Participant understands and agrees that by taking such action, such persons are not admitting any liability to provide or to continue to provide any such services and that such action is not a waiver by such persons of any rights under this Form. Participant agrees that Participant will be responsible for payment of any and all medical services rendered. Participant also acknowledges that if Participant is injured during participation in the Activity, it is Participant's responsibility to seek appropriate medical care and to notify activity personnel .
COVENANT NOT TO SUE. Participant agrees, for Participant and all of Participant’s heirs, assigns, successors, and representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Participant or Participant’s heirs, assigns, successors, or representatives may have as a result of any personal injury, death or property damage Participant may sustain while participating in any activity and/or using the Facilities or equipment.
INDEMNIFICATION. Participant hereby agrees to defend, indemnify, and hold harmless the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Participant’s participation in any activity and/or use of any of the Facilities or equipment.
PHOTOGRAPH/VIDEO RELEASE. Participant grants the City the right and permission to use photographs and/or video recordings of Participant on City and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to Participant. Participant waives the right to approve the final product and agrees that all such photographs and/or video recordings and reproductions thereof shall remain the property of the City. Participant hereby releases, discharges and holds the Released Parties harmless from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
BINDING EFFECT. It is Participant’s express intent that this Form bind Participant’s family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on Participant’s behalf to the extent that any such individual is actually acting on the Participant’s behalf. This Form is deemed as a release, waiver, discharge, and covenant not to sue the Released Parties.