Legal Assumption of Risk Form

LEGAL ASSUMPTION OF RISK FORM

This Legal Assumption of Risk Form (the "Agreement") is entered into as of by and between Organization Name: with principal place of business at (hereinafter "Provider"), and Participant Name: residing at (hereinafter "Participant").

RECITALS

WHEREAS, Provider conducts, sponsors, or facilitates certain activities, programs, events and services including but not limited to: (collectively, the "Activities");

WHEREAS, Participant desires to participate in the Activities and acknowledges that participation may involve inherent risks, hazards, and exposure to injury or illness; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to assumption of risk, release, and indemnification arising from Participant's participation in the Activities.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, "Claims" means any and all claims, demands, causes of action, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and costs of investigation and litigation).

2. ACKNOWLEDGMENT OF RISK

Participant acknowledges that the Activities involve inherent risks that may result in property damage, personal injury, permanent disability, or death. Participant expressly assumes full responsibility for, and accepts, all risks of loss, damage, or injury that may be sustained while participating in the Activities, whether known or unknown, foreseeable or unforeseeable, inherent or otherwise.

3. ASSUMPTION OF RISK

Participant voluntarily and knowingly assumes all risks associated with the Activities, including but not limited to risks arising from:

(a) the nature of the Activities;
(b) the acts or omissions of other participants, spectators, instructors, coordinators, or third parties; and
(c) the failure or inadequacy of equipment or facilities.

4. RELEASE AND WAIVER

In consideration of being permitted to participate in the Activities, Participant hereby, for Participant and Participant's heirs, executors, administrators, predecessors, successors and assigns, hereby releases, waives, discharges and covenants not to sue Provider, its officers, directors, employees, agents, volunteers, affiliates, contractors and insurers (collectively, the "Released Parties") from any and all Claims arising out of or related to Participant's participation in the Activities, including Claims arising from the negligence of any Released Party, to the fullest extent permitted by applicable law.

5. INDEMNIFICATION

Participant agrees to defend, indemnify and hold harmless the Released Parties from and against any and all Claims arising out of or resulting from Participant's negligent or willful acts or omissions in connection with the Activities, including reasonable attorneys' fees and costs incurred by the Released Parties in connection with any claim, action or proceeding.

6. REPRESENTATIONS AND WARRANTIES

Participant represents and warrants that Participant is of lawful age and mentally competent to enter into this Agreement. If Participant is signing on behalf of a minor, the undersigned certifies that he or she is the minor's parent or legal guardian and has authority to enter into this Agreement on the minor's behalf.

Participant further represents that Participant has disclosed any medical conditions or physical limitations that may affect Participant's safe participation in the Activities:

7. MEDICAL AUTHORIZATION

In the event of injury or illness, Participant authorizes Provider to obtain or provide emergency medical treatment and transport as deemed necessary. Participant understands and agrees Participant is solely responsible for all costs of medical care and transportation.

8. INSURANCE; ASSUMPTION OF COSTS

Participant acknowledges that Provider may not carry health or accident insurance covering Participant and that Participant is responsible for maintaining Participant's own insurance coverage, if any.

9. TERM; TERMINATION

This Agreement is effective as of the effective date set forth above and will survive the completion of the Activities with respect to any Claims arising out of acts or omissions occurring during Participant's participation in the Activities. Provider may terminate Participant's participation at any time for failure to comply with safety rules or reasonable instructions.

10. NOTICES

11. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment to this Agreement must be in a writing signed by both parties. No waiver of any provision will be effective unless in writing and signed by the party granting the waiver. This Agreement may be executed in counterparts and delivered by electronic transmission, each of which will be deemed an original.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement will be governed by and construed in accordance with the laws of the state or jurisdiction specified here: without regard to conflict of laws principles.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13. MISCELLANEOUS

Participant acknowledges that Participant has carefully read this Agreement, fully understands its contents, and signs it voluntarily with full knowledge of its legal significance. Participant acknowledges receipt of a copy of this Agreement.

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