Waiver Form
AFRIM SPORTS, INC.
RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT
IN AGREEMENT.
(“AGREEMENT”)
IN CONSIDERATION of being permitted to participate in any way in the sports activity
(“Activity”) I, for myself for personal representatives,
assigns, heirs, and next of kin:
1.
Acknowledge,
agree, and represent that I understand the nature of the
sports Activities and that I am qualified, in good
health, and in proper physical condition to participate
in such Activity. I further agree and warrant that if
at any time I believe conditions to be unsafe, I will
immediately discontinue further participation in the
Activity.
2.
FULLY
UNDERSTAND THAT: (a) SPORTS ACTIVITES INVOLVE RISKS AND
DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT
DISABILITY, PARALYSIS, AND DEATH (“RISKS”);
(b) these Risks
and danger may be caused by my own actions of inactions,
the actions or inactions of others participating in the
Activity, the condition in which the Activity takes
place, or THE NEGLIGENCE OF THE “RELEASES” NAMED BELOW;
(c) there may be
OTHER RISK AND SOCIAL AND
ECONOMIC LOSSES
either not known to me or not readily foreseeable at
this time; and
I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL
RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES
I incur as a result of my participation or that of the
minor in the Activity.
3.
HEREBY
RELEASE, DISCHARGE, AND COVENANT NOT TO SUE AFRIM SPORTS
INC.,
their respective
administrators, directors, agents, officers, members,
volunteers, and employees, other participants, any
sponsors, advertisers, and if applicable, owner and
lessors of premises on which the Activity takes place,
(each considered one of the
“RELEASES” 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 “RELEASES” OR OTHERWISE,
INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER
AGREE that if,
despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION
OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my
behalf, makes a claim against any of the Release's, I
WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE
RELEASE'S from any litigation expenses, attorney fees,
loss, liability, damage, or cost which may incur as the
result of such claim.
I
HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT
INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTENT IT TO
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.
MINOR RELEASE
AND
I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND
THE NATURE OF SPORTS ACTIVITIES AND THE MINOR’S
EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE
QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL
CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY
RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO
INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE
RELEASE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR
DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE
CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE
“RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE
OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS
RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF
MAKES A CLAIM AGAINST ANY OF THE RELEASE'S NAMED ABOVE,
I WILL INDEMNITY, SAVE, AND HOLD HARMLESS EACH OF THE
RELEASE'S FROM ANY LITIGATION EXPENSES, ATTORNEY FEES,
LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE
RESULT OF ANY SUCH CLAIM.