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AMERICAN SCHOOL FOR THE DEAF (ASD) POLAR BEAR CHALLENGE "TIGER PLUNGE" FUNDRAISER EVENT (FEBRUARY 23, 2019) WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT
In consideration of my being permitted to participate or the named participant (if the participant is under age 18) being permitted to participate in the ASD TIGER PLUNGE I make the following contractual representations and agreements.
I understand and acknowledge the dangers of participating in athletic events such as the ASD TIGER PLUNGE, and I hereby fully assume all the risks associated with such participation, even if due to the NEGLIGENCE of ASD and/or any of its officers, directors, agents, servants, employees, representatives, volunteers, and/or sponsors. I understand and acknowledge that those participating in the ASD TIGER PLUNGE may be exposed to the risk of serious bodily injury, sickness or death due to circumstances inherent in the event, including the NEGLIGENT acts or omissions of others, including those of ASD and/or any of its officers, directors, agents, servants, employees, representatives, volunteers, and/or sponsors. I understand and acknowledge that there are a number of specific risks and dangers inherent in participating in an event such as the ASD TIGER PLUNGE. These include, without limitation, the following: the dangers of falls; the risk of drowning or other injury from swimming; the dangers arising from the number of participants or the inexperience of many of the other participants; the dangers arising from hazards, inadequate safety equipment and weather conditions; property damage or loss; the dangers of travel to and from the event; and the possibility of serious physical or mental trauma, death or injury associated with participation. With knowledge of these risks, I nevertheless wish to participate in the ASD TIGER PLUNGE and agree to assume those risks and to release, as described below, all persons and/or entities specified below from liability for any injury, death, or property damages occurring on account of or in connection with my participation or in travel to or from the ASD TIGER PLUNGE, even though such injury, death, or property damage may arise out of NEGLIGENCE or CARELESSNESS of ASD and/or any of its officers, directors, agents, servants, employees, representatives, volunteers, and/or sponsors.
Having read this Agreement and fully appreciating the risks involved in participation in the ASD TIGER PLUNGE, I, for myself, or the minor participant if applicable, and my or our heirs, executors, administrators, legal representatives, successors and assigns (hereinafter collectively referred to as the “Releasors”), do hereby remise, release and forever discharge ASD and any of its officers, directors, agents, servants, employees, representatives, volunteers, sponsors, and any of its or their heirs, executors, administrators, successors and assigns (collectively the “ASD Releasees”) from any and all claims, causes of action, damages, losses (economic and non-economic) and liabilities of every kind (collectively the “Claims”), including, without limitation, any and all claims for personal injuries, death or property damages which may arise out of my participation in or my traveling to or from the ASD TIGER PLUNGE, even if due to the NEGLIGENCE of ASD and/or any of its officers, directors, agents, servants, employees, representatives, volunteers, and/or sponsors; any and all other claims for NEGLIGENCE arising from any acts or omissions to act by ASD and/or any of its officers, directors, agents, servants, employees, representatives, volunteers, and/or sponsors; and any and all claims relating to the provision of first aid, medical care, medical treatment or medical decisions in connection with the ASD TIGER PLUNGE.
I hereby certify that I am physically fit, sufficiently trained and have no physical or medical condition which to my knowledge would endanger myself or others if I participate in the ASD TIGER PLUNGE or which would interfere with my ability to participate.
I agree it is my sole responsibility to be familiar with event conditions and any special rules in connection with the ASD TIGER PLUNGE.
I further covenant and agree not to sue any of the ASD Releasees in connection with any of the Claims that I have waived, released or discharged by this Agreement. I further agree to indemnify and hold harmless the ASD Releasees from any and all expenses incurred, claims made or liabilities assessed against them, including but not limited to, attorney’s fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Agreement, my breach or failure to abide by any of the ASD TIGER PLUNGE rules, and/or from my acts or omissions to act which may cause injury or damage to any other person.
I expressly grant permission to use any photographs, motion pictures or recordings of this event for any legitimate purpose.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I WILL BE GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.