Negligence Liability Waiver

NEGLIGENCE LIABILITY WAIVER

This Negligence Liability Waiver (the "Waiver") is entered into by and between Participant Name: and Organization Name: on the Effective Date: .

RECITALS

WHEREAS, Participant desires to participate in the activity described as: (the "Activity"), which is organized or hosted by Organization; and

WHEREAS, Participant recognizes that participation in the Activity may involve inherent risks, including but not limited to bodily injury, property damage, and death; and

WHEREAS, Organization requires that participants execute this Waiver as a condition to participation and as consideration for permitting participation in the Activity.

NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions contained herein, and 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 Waiver: (a) "Releasees" means Organization and its parent entities, affiliates, officers, directors, employees, volunteers, agents, representatives, successors and assigns; (b) "Claims" means any and all actions, causes of action, suits, debts, accounts, covenants, contracts, claims, demands, liabilities, losses, expenses and costs, including attorneys' fees and costs; and (c) "Negligence" includes ordinary negligence but does not include conduct determined by a court to constitute gross negligence, willful misconduct or intentional tort, except to the extent allowed by applicable law.

2. ASSUMPTION OF RISK

Participant acknowledges and expressly assumes all risks associated with participation in the Activity, whether known or unknown, foreseeable or unforeseeable, including but not limited to risks of personal injury, permanent disability, paralysis and death. Participant affirms that Participant is physically fit and has not been advised otherwise by a qualified medical professional.

3. RELEASE AND WAIVER

To the fullest extent permitted by law, Participant, on behalf of Participant and Participant's heirs, personal representatives, assigns and next of kin, hereby releases, waives, discharges and covenants not to sue Releasees from and for any and all Claims arising out of or related to Participant's participation in the Activity, including Claims arising out of Negligence by Releasees. Participant acknowledges that this release extends to all Claims, whether known or unknown at the time of signing, except as limited by applicable law.

4. INDEMNIFICATION

Participant agrees to indemnify, defend and hold harmless Releasees from and against any and all Claims brought by third parties arising out of Participant's acts or omissions in connection with the Activity, including Claims arising from Participant's own negligence. This obligation includes costs of investigation, settlement and reasonable attorneys' fees incurred by Releasees.

5. MEDICAL TREATMENT AND INSURANCE

Participant authorizes Releasees to secure emergency medical treatment for Participant if deemed necessary, and Participant agrees to be financially responsible for such treatment. Participant represents that Participant has adequate insurance to cover any injury or damage Participant may suffer or agrees to bear the costs of such injury or damage.

6. REPRESENTATIONS AND WARRANTIES

Participant represents and warrants that Participant is over the age of majority, has the capacity to enter into this Waiver, and is not under the influence of alcohol or illegal substances while participating in the Activity. Participant further represents that all information provided in this Waiver is true and correct.

7. MINOR PARTICIPANTS

If Participant is under 18 years of age, a parent or legal guardian must sign this Waiver on Participant's behalf. By signing as a parent or legal guardian, the undersigned affirms that they have authority to enter into this Waiver on behalf of the minor and agrees to be bound by and perform the obligations contained herein.

8. NOTICES

All notices required or permitted under this Waiver shall be in writing and shall be deemed given when delivered personally, by certified mail return receipt requested, or by nationally recognized overnight courier to the addresses set forth above or to such other address as a party may designate in writing.

9. AMENDMENT; WAIVER; COUNTERPARTS

This Waiver may be amended only by a writing signed by both parties. No failure or delay by any party in exercising any right under this Waiver shall operate as a waiver of that right. This Waiver may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Waiver shall be governed by and construed in accordance with the laws of the state or province in which the Activity takes place, without regard to conflict of law principles. This Waiver constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings. If any provision of this Waiver is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

11. ACKNOWLEDGMENT

Participant acknowledges that Participant has read this Waiver in its entirety, understands its terms, and signs it voluntarily. Participant further acknowledges receipt of any rules or safety instructions provided by Organization and agrees to comply with such instructions.

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