Fill and Sign the Subaru Telescope Visitors Tour Release of Liability Form

Copyright 2004 USLegalforms.com WAIVER AND RELEASE FROM LIABILITY FOR OBSERVATORY/ARBORETUM I, ________________________, HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge ________________________ and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, i n law or equity, that I ever had or may have, arising from or in any way related to my pa rticipation in any of the events or activities conducted by, on the premises of, or for the benefit of, ________________________ provided that this waiver of liability does not apply to any acts of gross negligence, or inte ntional, willful or wanton misconduct. I understand that the activities that I will participate in are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myse lf, my heirs, assigns and next of kin, I waive all claims for damages, injuries and death sustai ned to me or my property, that I may have against the aforementioned released party to such Activity. By this Waiver, I assume any risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with ________________________ including but not limited to observing the Activity, using the facility and its equipment in any ma nner, form or fashion, and practicing and/or engaging in any other related activities offered by this facility. I do represent and warrant that I have been given a general description of and understand the nature of the Activi ty and what is involved on my part, I am not suffering from a condition requiring hospital care, medication, m edical or surgical treatment, or any other condition which would otherwise limit or in any way re strict my observation of and/or participation in the Activity, my health and physical condition a re such that I am and will be able to fully observe and/or participate in the Activity, and that I wil l voluntarily immediately refrain from observing and/or participating in the Activity if I or others become aware t hat my health or physical condition limits me in any way. This WAIVER AND RELEASE contains the entire agreement between the parties, and supercedes any prior written or oral agreements between them concerning the subject matter of thi s WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provision of this WAIVER AND RELEASE will continue in full force and effect even a fter the termination of the activities conducted by, on the premises of, or for the benefit of ________________________, whether by agreement, by operation of law, or otherwise. I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I underst and and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to e xecute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 year of age or older and mentally competent to enter into this waiver. ____________ Date ________________________ Printed Name ________________________ Signature