Legal Waiver & Release Form

Legal Waiver & Release Form

This Legal Waiver & Release Form (the "Agreement") is made and entered into as of by and between Releasor Name: whose address is and Releasee Name: whose address is .

Recitals

WHEREAS, Releasor intends to participate in or be associated with the activity described as ; and

WHEREAS, Releasee operates, sponsors, administers or otherwise provides services in connection with that activity and seeks to obtain from Releasor a full release of claims to the extent permitted by law; and

WHEREAS, Releasor acknowledges receipt of consideration in the form of , which Releasor acknowledges as adequate and sufficient.

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

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Claims" means any and all actions, causes of action, liabilities, demands, losses, damages, costs, expenses (including reasonable attorneys' fees), judgments, fines, penalties and rights of recovery of any kind whether at law, in equity or otherwise, known or unknown, foreseen or unforeseen; "Releasee Parties" means Releasee and its past, present and future officers, directors, employees, agents, representatives, volunteers, affiliates, successors and assigns.

2. Release and Waiver

Releasor, on behalf of Releasor and Releasor's heirs, executors, administrators, agents, insurers, successors and assigns, hereby fully, finally and forever releases, discharges, covenants not to sue and holds harmless the Releasee Parties from and against any and all Claims arising from, relating to, or in any way connected with Releasor's participation in the activity described above, whether arising in contract, tort, strict liability or otherwise, including but not limited to claims for personal injury, wrongful death, property damage, emotional distress, and economic loss, to the fullest extent permitted by applicable law.

3. Assumption of Risk

Releasor expressly acknowledges that participation in the activity involves inherent risks, hazards and dangers that may result in bodily injury, death, or property damage. Releasor freely and voluntarily assumes all such risks and agrees that Releasor is solely responsible for Releasor's own safety and welfare while participating.

4. Indemnification

Releasor shall indemnify, defend and hold harmless the Releasee Parties from and against any and all Claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with Releasor's acts, omissions or breach of this Agreement, except to the extent such Claims are finally determined by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of a Releasee Party.

5. No Admission of Liability; Limited Scope

The execution of this Agreement is not and shall not be construed as an admission of liability by any party. This Agreement is intended to be a complete and unconditional release of liability to the maximum extent permitted by law. If any portion of this release is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

6. Representations and Warranties

Releasor represents and warrants that Releasor is at least eighteen (18) years of age and has the full right, power and authority to enter into this Agreement and to grant the release herein. If Releasor is executing this Agreement as a parent or legal guardian on behalf of a minor, Releasor represents that Releasor is the lawful parent or guardian and has full authority to bind the minor to the terms hereof. Indicate status:

Individual Parent/Legal Guardian

7. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth in the opening paragraph or to such other address as the party may designate by written notice. Notices shall be deemed given upon personal delivery, or three (3) business days after deposit with the United States postal service, postage prepaid, or upon confirmed delivery by nationally recognized overnight courier.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state specified below without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in that state for resolution of any dispute arising under this Agreement.

9. Entire Agreement; Severability; Amendments

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No amendment to this Agreement shall be effective except in a writing signed by both parties.

10. Waiver; Counterparts

No waiver of any breach of this Agreement shall constitute a waiver of any other or subsequent breach. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be treated as originals for all purposes.

11. Acknowledgement

Releasor acknowledges that Releasor has carefully read this Agreement, understands its contents, and signs it voluntarily and of Releasor's own free will. Releasor further acknowledges having had the opportunity to consult with legal counsel prior to executing this Agreement.

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