Liability Release Waiver

LIABILITY RELEASE WAIVER

Effective Date:

Provider/Organizer Name: , Address:

Participant Name: , Address:

RECITALS

WHEREAS, Organizer operates, sponsors and conducts certain activities, events and services described as: (the "Activity");

WHEREAS, Participant desires to participate in the Activity on the following date(s): and any ancillary dates related thereto; and

WHEREAS, in consideration for being permitted to participate in the Activity, Participant acknowledges and agrees to release, waive, and indemnify Organizer and related parties as set forth below.

SCOPE OF ACTIVITY

ASSUMPTION OF RISK

Participant acknowledges that participation in the Activity involves inherent risks, including but not limited to bodily injury, property damage, permanent disability and death. Participant voluntarily assumes all such risks, whether known or unknown, foreseeable or unforeseeable, arising from or related to the Activity, whether caused in whole or in part by the negligence of Organizer or third parties.

RELEASE AND WAIVER

In consideration for being permitted to participate in the Activity, Participant, on behalf of Participant and Participant's heirs, executors, administrators, agents, assigns and next of kin, hereby releases, discharges, waives and covenants not to sue Organizer, its officers, directors, employees, volunteers, agents, contractors, affiliates, successors and assigns (collectively "Released Parties") from any and all liability, claims, demands, actions or causes of action whatsoever arising out of or related to any loss, damage, injury or death that may be sustained by Participant, or to any property belonging to Participant, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

INDEMNIFICATION

Participant agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, demands, liabilities, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) resulting from or arising out of Participant's acts, omissions, breach of this Agreement, negligence, willful misconduct or violation of law in connection with the Activity.

PAYMENT TERMS

TERM AND TERMINATION

Term Commencement: — Term Expiration:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within the notice period above. Termination shall not relieve Participant of obligations that by their nature survive termination, including but not limited to indemnification and payment of outstanding fees.

CONFIDENTIALITY

The parties acknowledge that during the term they may receive Confidential Information from the other. "Confidential Information" means non-public information disclosed in any form. Each party agrees not to disclose or use Confidential Information except as necessary to perform its obligations under this Agreement, except where disclosure is required by law. Confidentiality obligations survive termination for a period of two (2) years.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral. Any amendment must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Severability: If any provision is held unenforceable, the remainder shall remain in full force and effect. Waiver: A party's failure to exercise any right is not a waiver of that right.

ACKNOWLEDGMENT

Participant acknowledges that Participant has read this Agreement, understands its terms, and signs it voluntarily. Participant acknowledges receipt of any safety instructions and has had the opportunity to ask questions.

ADDITIONAL INFORMATION

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