Liability Waiver Draft

LIABILITY WAIVER DRAFT

This Liability Waiver Draft (the "Waiver") is entered into as of by and between Provider Name: and Participant Name: (each a "Party" and collectively the "Parties").

RECITALS

WHEREAS, Provider organizes, supervises, or otherwise makes available certain activities, programs, services, equipment or premises described as:

WHEREAS, Participant desires to participate in the foregoing activities and acknowledges that participation may involve inherent risks, hazards and potential for injury, damage or loss;

WHEREAS, the Parties desire to allocate responsibility and set forth the terms under which Provider permits Participant to engage in such activities.

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

1. DEFINITIONS

In this Waiver, the following capitalized terms have the meanings specified: "Activity" means the program, service or event identified above and all related operations, travel and ancillary services; "Released Parties" means Provider and its owners, officers, directors, employees, agents, contractors, volunteers, insurers, successors and assigns.

2. ASSUMPTION OF RISK

Participant acknowledges that the Activity may include risks that are known and unknown, inherent and unforeseen, including but not limited to physical injury, property damage, and other losses. Participant freely and expressly assumes full responsibility for all such risks, whether arising in whole or in part from the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

3. RELEASE AND WAIVER

To the maximum extent permitted by applicable law, Participant hereby releases, waives, discharges and covenants not to sue the Released Parties for any and all claims, demands, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in any way connected with Participant's participation in the Activity, whether caused by the negligence of the Released Parties or otherwise.

4. INDEMNIFICATION

Participant shall defend, indemnify and hold harmless the Released Parties from and against any and all third-party claims, demands, suits, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of or related to Participant's acts or omissions in connection with the Activity, including breach of this Waiver, negligence, or willful misconduct.

5. MEDICAL TREATMENT AND EMERGENCIES

Participant authorizes Provider to secure emergency medical care in the event of injury or illness and agrees to be financially responsible for all costs incurred. Participant represents that Participant has disclosed any physical or medical conditions that may affect Participant's ability to safely participate.

6. INSURANCE

Participant acknowledges that Provider does not maintain medical or disability insurance for Participant. Participant is solely responsible for obtaining any desired insurance coverage for personal injury, property loss or other liabilities arising from participation in the Activity.

7. REPRESENTATIONS AND WARRANTIES

Participant represents and warrants that Participant is in sufficient physical condition to participate in the Activity, is not under the influence of alcohol or any controlled substance, and has not been advised by a medical professional to refrain from participating in such activity.

8. PHOTO AND PUBLICITY RELEASE

Participant grants to Provider the right to photograph or record Participant during the Activity and to use such photographs, video, or audio recordings for promotional, educational, or documentation purposes without further consent or compensation, unless Participant notifies Provider in writing prior to the Activity.

9. NOTICES

10. AMENDMENT; WAIVER

No amendment, modification or waiver of any provision of this Waiver will be effective unless in writing and signed by both Parties. Failure to enforce any provision of this Waiver shall not be deemed a waiver of future enforcement of that or any other provision.

11. GOVERNING LAW

This Waiver shall be governed by and construed in accordance with the substantive laws of the state or jurisdiction identified for governing law: , without regard to choice-of-law principles.

12. ENTIRE AGREEMENT

This Waiver, together with any attachments and written agreements expressly referenced herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral.

13. SEVERABILITY

If any provision of this Waiver is held to be invalid, illegal or unenforceable in any respect, such provision will be severed and the remaining provisions will continue in full force and effect.

14. COUNTERPARTS AND ELECTRONIC SIGNATURES

This Waiver may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one instrument. Signatures delivered by electronic means, including scanned signatures or electronic signature platforms, will be deemed original signatures for all purposes.

Participant confirms the following statements by checking the box and initialing where indicated:

I acknowledge and accept all risks associated with participation and have read and understand this Waiver.

I certify that I am 18 years of age or older.

By signing below, each Party acknowledges that they have read this Waiver, understand its terms, and intend to be legally bound by it.

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