VOLLEYBALL OF THE ROCKIES, INC. (VOTR) & SOUTH OF THE BORDER VOLLEYBALL VACATIONS, INC. (SOB) WAIVER AND RELEASE FORM FOR MARCH 7-14, 2020 CABO SAN LUCAS, MEXICO TRIP *
The intent of the undersigned, is: (1) to agree not to sue; and, (2) to waive any and all claims for liability, as a result of any injury, illness, material loss, or death which may arise from the undersigned’s voluntary participation in the March 7-14, 2020 South Of the Border Volleyball Vacations, Inc. sponsored trip to Cabo San Lucas, Mexico (hereinafter the “Cabo Trip”). Further, the undersigned agrees, to relinquish liability on the part of Volleyball Of The Rockies, Inc. and South Of the Border Volleyball Vacations, Inc. (hereinafter “VOTR/SOB”), its directors, agents, employees, servants, and assigns, for any negligent acts, or breaches of warranty, whether expressed or implied, while coordinating, providing, or overseeing activities associated with the Cabo Trip. The undersigned recognizes that there are inherent risks, which are significant risks, associated with international travel and travel within the country of Mexico, including, but not limited to, air travel, land vehicle travel, and travel by ships or motorized water vehicles of any type. Knowing of these inherent risks, and the significant risk of physical injury or material loss, the undersigned assumes all risks associated with such dangers and agrees to hold harmless VOTR/SOB from any and all loss which may occur as a result of the undersigned’s voluntary participation in the Cabo Trip, regardless of whether such loss was directly or indirectly caused by negligence on the part of VOTR/SOB, its directors, agents, employees, servants, or assigns. The undersigned acknowledges that the trip takes place in Cabo, Mexico, and that the surrounding ocean and country contain inherent dangers, which are significant dangers. Such dangers include, but are not limited to: (1) the risk of injury or death while swimming, snorkeling, playing, or coming in contact with the ocean or swimming pools; (2) the risk of injury, illness, or death associated with the exposure to sun, insects, and marine life; and, (3) the risk of injury, illness, or death associated with the food and drink of Mexico, or coming in contact with the local flora and fauna. These dangers are made more significant because of the unavailability of standard medical care. The undersigned expressly acknowledges such risks and dangers and agrees to hold harmless VOTR/SOB from any and all injury, illness, death, or material loss which may occur as a result of voluntarily participating in the Cabo Trip, regardless of whether such injury, death or loss was directly or indirectly caused by negligence on the part of VOTR/SOB, its directors, agents, employees, servants, and assigns. In consideration of services received, the undersigned for himself/herself, and his/her heirs and assigns, hereby releases VOTR/SOB, its directors, agents, employees, servants, and assigns, from any and all liability for claims, demands, or actions or causes of actions whatsoever, whether known or unknown, including loss of consortium, arising out of any damages, loss, injury or death to undersigned or undersigned’s property, while undersigned voluntarily participates in the Cabo Trip organized and offered by VOTR/SOB, regardless of whether such loss, damage or injury results from negligence of VOTR/SOB, its directors, employees, servants, agents, or assigns. In addition, the undersigned recognizes that there are inherent risks, which are significant risks, associated with the playing of volleyball outdoors. Knowing of these inherent risks, the physical exertion and rigors, and the significant risk of physical injury (including, but not limited to, knee injuries, head injuries, back injuries, foot injuries, and internal injuries) involved with outdoor volleyball, the undersigned certifies that he/she is at least eighteen years of age, in good physical health, and fully capable of participating in the rigorous activities and conduct associated with outdoor volleyball. By choosing to play outdoor volleyball, the undersigned hereby assumes full responsibility for him/herself for any and all bodily injury, death, loss of personal property, and expenses (including, but not limited to, ambulance services, medical fees and attorneys' fees), which may occur as a result of playing outdoor volleyball. The undersigned expressly acknowledges, and assumes the risk for all dangerous conditions associated with the playing of outdoor volleyball. The undersigned waives any and all notice or warning as to the existence of such conditions, including playing field conditions, unpredictable play or behavior from other volleyball players, and weather conditions, and releases VOTR/SOB, its directors, agents, employees, servants, and assigns from any liability with respect to claims, demands, actions or causes of action whatsoever, whether known or unknown, with respect to such notice or warning, regardless of whether such failure to give notice or warning was negligent. In consideration of services received, the undersigned for himself/herself, and his/her heirs and assigns, hereby releases VOTR/SOB, its directors, agents, employees, servants, and assigns, from any and all liability for claims, demands or actions or causes of actions whatsoever, whether known or unknown, arising out of any damages, loss, injury or death to undersigned or undersigned’s property, while undersigned participates in outdoor volleyball play organized by VOTR/SOB, regardless of whether such loss, damage or injury results from negligence of VOTR/SOB, its directors, employees, servants, agents, or assigns. The undersigned acknowledges that the playing of outdoor volleyball as well as the setting up of equipment used to play outdoor volleyball, involves the inherent risk of personal injury to any person or groups of persons, and the undersigned acknowledges that the playing of volleyball, and the setting up of equipment for playing volleyball, irrespective of the skills of the undersigned or other participants wishing to play outdoor volleyball, involves behavior which is unpredictable and not controllable by VOTR/SOB, its directors, agents, employees, servants, or assigns. Undersigned expressly assumes such risks, and waives any claims, demands, actions or causes of action whatsoever, whether known or unknown, for negligence on the part of VOTR/SOB, its directors, agents, employees, servants, and assigns with respect to foreseeing, controlling or abating unpredictable behavior or negligent behavior on the part of other volleyball participants, and/or spectators, either during the playing of volleyball or when setting up to play volleyball, or taking the equipment down after playing volleyball. VOTR/SOB provides some, but by no means all, equipment necessary for playing outdoor volleyball. VOTR/SOB provides a net, boundary-marking ropes, aluminum poles and ropes used to set the net up, and metal stakes and a hammer used to set the aluminum poles into the ground/sand. VOTR/SOB provides no warranty, either expressed or implied, as to either the completeness of the equipment for purposes of volleyball play, or the fitness of the above-stated equipment, and the undersigned waives any and all claims as to breach of express or implied warranty for fitness; further, undersigned expressly assumes the risk of playing with and handling of volleyball equipment listed above, recognizing that there is risk of personal injury associated with working with, setting up or playing with such equipment, including the risk of lightning strikes as the equipment described in this paragraph will attract lightning. VOTR/SOB does not warrant the safety of the equipment, and undersigned assumes all risk associated with such equipment. Playing of outdoor volleyball includes inherent risks with respect to varying weather conditions and undersigned acknowledges that weather is unpredictable. Undersigned assumes all risks associated with weather- related accidents or occurrences while playing outdoor volleyball and releases VOTR/SOB, its directors, agents, employees, servants, and assigns from any liability from claims, demands, actions, or causes of actions whatsoever, whether known or unknown, arising out of weather-related occurrences, including, but not limited to, lightning, wind, rain, tornadoes, hurricanes, earthquakes, tidal waves, standing water, wet hills or grounds, holes in the ground, trees, or tree limbs falling, debris in sand, and any other natural occurrence or disaster; further, undersigned waives any claims, demands, actions or causes of actions whatsoever, whether known or unknown, for negligence against VOTR/SOB, its directors, employees, agents, servants, or assigns concerning their acts related to such weather conditions or occurrences. Your signature below indicates you have read this waiver and understand the waiver of liability, acknowledge and understand its contents clearly, and have signed it voluntarily.
