Waiver & Release of Liability,
Assumption of Risk and Indemnification Agreement
In
consideration of participating in the Freezin for the Season Plunge
(“Event”),
(1)
I represent that I understand the nature of the
Event and that I and/or my minor child am qualified, in good health, and in
proper physical condition to participate in such Event.
(2)
I acknowledge that if I and/or my minor child
believe event conditions are unsafe, I and/or my minor child will immediately
discontinue participation in the Event.
(3)
I fully understand that Event involves risk of
serious bodily injury, including permanent disability, paralysis and death,
which may be caused by my own actions, or inactions, those of others
participating in the event, the conditions in which the event takes place, or
the negligence of the “releasees” named below; and that there may be other
risks either not known to me or not readily foreseeable at this time.
(4)
I agree not to jump into the water headfirst.
(5)
I fully accept and assume all such risks and all
responsibility for losses, costs, and damages I and /or my minor child incur as
a result of my and/or my minor child’s participation in the Event.
(6)
I hereby release, discharge, and covenant not to
sue Westbrook Athletics Boosters, their officers, volunteers, other participants, any sponsors,
advertisers, owners and lessors of premises on which the Activity takes place,
(each considered one of the ‘RELEASEES’ herein) from all liability, claims,
demands, losses, or 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
(7)
I further agree that if, despite this release,
waiver of liability, and assumption of risk I, or anyone on my and/or my minor
child’s behalf, makes a claim against any of the Releasees, I will indemnify,
save, and hold harmless each of the Releasees from any loss, liability, damage,
or cost which any may incur as the result of such claim.
(8)
I authorize Westbrook Athletic Boosters and its
and all persons acting under its authority to promote the Event to use written
statements, photos, videotapes and recordings of, about or obtained by me or my
minor child or ward. I waive any right to inspect or approve the finished
product or the advertising or other copy, which may be used in connection or
the use to which it may be applied. I release and discharge Westbrook Athletic
Boosters, and all persons acting under its authority, from any liability for
any violation of any personal or property rights which I might have in
connection with such materials.
(9)
If registering myself, I hereby represent that I
am over the age of 18. If registering a child under the age of 18 or a ward, I
hereby represent that I am the parent or legal guardian of such person and have
the legal authority to enter into this agreement on their behalf.
I have read this RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, AND PARENTAL CONSENT AGREEMENT,
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 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.
