In
consideration of participating in the Destination Des Moines Polar 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 head first.
(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 Destination Des
Moines, City of Des Moines, their respective administrators, directors, agents,
officers, volunteers, and employees, 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 Destination Des Moines and its agents 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 Destination Des Moines, its agents
and assigns 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.
