Legal Release and Waiver Form

LEGAL RELEASE AND WAIVER

This Legal Release and Waiver Agreement (the "Agreement") is made and entered into as of the day of , by and between Client Name: (the "Releasor") and Releasee Name: (the "Releasee").

RECITALS

WHEREAS, Releasor intends to participate in or attend the activity described as: (the "Activity"), which is to occur on or about ; and

WHEREAS, Releasee requires that Releasor execute a release and waiver in consideration of permitting Releasor to participate in or attend the Activity; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to claims arising out of or relating to the Activity.

NOW, THEREFORE

In consideration of the mutual covenants and other valuable consideration set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, "Claims" shall mean any and all claims, demands, actions, causes of action, suits, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and court costs), whether known or unknown, alleged or actual, arising from or relating to the Activity, including but not limited to bodily injury, death, property damage, emotional distress, and economic loss.

2. RELEASE

Releasor, on behalf of Releasor and Releasor's heirs, executors, administrators, representatives, agents, successors and assigns, hereby fully, finally and forever releases, waives, discharges and covenants not to sue Releasee, and Releasee's parents, subsidiaries, affiliates, officers, directors, employees, contractors and agents, from and for any and all Claims arising out of, resulting from, or in any way connected with the Activity, whether arising through the negligence of Releasee or otherwise, to the fullest extent permitted by law.

3. WAIVER OF LIABILITY

Releasor expressly waives any right to pursue any claim against Releasee for any injury, damage or loss that Releasor may sustain as a result of participating in the Activity, including claims based on Releasee's negligence, breach of contract, or breach of any statutory duty, except for claims arising from Releasee's willful misconduct or gross negligence to the extent such claims cannot lawfully be waived.

4. ASSUMPTION OF RISK

Releasor acknowledges and understands that participation in the Activity involves inherent risks, hazards and dangers which may result in serious bodily injury, death or property damage. Releasor affirms that Releasor is voluntarily participating in the Activity with full knowledge of the risks involved and accepts and assumes full responsibility for any and all such risks.

5. INDEMNIFICATION

Releasor agrees to indemnify, defend and hold harmless Releasee from and against any and all Claims brought by third parties arising out of Releasor's acts or omissions in connection with the Activity, including reimbursement of reasonable attorneys' fees and costs incurred by Releasee in defending such Claims.

6. CONSIDERATION

As consideration for the promises and covenants contained herein, Releasee has agreed to permit Releasor to participate in the Activity. If other consideration is provided, specify here:

7. REPRESENTATIONS AND WARRANTIES

Releasor represents and warrants that Releasor is of legal age and has the full right, power and authority to enter into and be bound by this Agreement; that Releasor has read and understands the terms of this Agreement; that Releasor has had the opportunity to consult with legal counsel prior to executing this Agreement; and that no promise or inducement has been made other than as set forth herein.

8. SCOPE OF RELEASE

This release applies to all Claims that may arise now or in the future related to the Activity, including claims based on negligence, strict liability, contract, statute or otherwise, except as expressly limited by this Agreement.

Select categories of claims included in this waiver (check all that apply):

Personal injury, including death
Property damage
Emotional distress or mental anguish
Economic loss or consequential damages

9. CONFIDENTIALITY

The parties acknowledge that the terms of this Agreement, including any settlement amounts or consideration, shall remain confidential and not be disclosed to any third party except as required by law or as necessary to enforce the terms of this Agreement, provided that disclosure to legal and financial advisors is permitted.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered by hand, by certified mail, return receipt requested, or by nationally recognized overnight courier to the addresses set forth below or to such other address as either party may specify in writing.

11. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a writing signed by both parties. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the party against whom enforcement is sought. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction selected by the parties: . 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 invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. ACKNOWLEDGMENT

Releasor acknowledges that Releasor has read this Agreement in its entirety, understands its terms, and is executing it voluntarily and without duress. Releasor further acknowledges that Releasor has been advised of the right to seek the advice of independent legal counsel and either has done so or voluntarily elected not to do so.

Sign Now