ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT ("AGREEMENT")
In consideration for being permitted to utilize the club(s) and/or community amenity(s) selected above (collectively the "Club"), as well as its facilities, activities, and events (collectively the "Club F&E's"), whether they are owned, provided, or coordinated by the Club, its governing homeowners' association and/or its employees, directors, officers, managers, partners, agents, affiliates, owners, successors and assigns (collectively the "Coordinator"), I/we for myself, my personal representatives, spouse, family members, guests, assigns, estate, heirs and next of kin (collectively "I/we"):
Voluntary Participation: Acknowledge, understand and agree I/we are/am participating in the Club F&E's voluntarily and agree to be completely responsible for my/our own actions. I/we further agree to abide by all safety standards, rules, and guidelines, which may be imposed by the Coordinator.
Term: Acknowledge, understand and agree that, due to the potentially ongoing nature of use and access provided to the Club and Club F&E's, the term of this Agreement is considered to be in perpetuity. Any future use of the Club or Club F&E's is considered an acknowledgement of the validity of this Agreement.
Acknowledgment and Assumption of Risks: Fully understand that: (a) the Club F&E's involve danger to my/our person and property and risks of serious bodily injury, including permanent disability, paralysis and death (collectively "Risks"); (b) these Risks may be caused by (i) my own actions, or inactions, (ii) the actions or inactions of others participating in the Club F&E's, the Coordinator, (iii) the condition in which the Club F&E's take place, or (iv) the negligence of the Releases (defined below); (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time (collectively “Other Risks”); and I/we fully accept and assume all such Risks and Other Risks and all responsibility for any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees and court costs of any kind or nature whatsoever, whether direct or indirect or consequential, I/we incur as a result of participation in the Club F&E's, or arising out of or in any way related to Club F&E's, presence on Club property and use of the Club facilities by me/us.
Release: Covenant, promise and agree I/we will not prosecute or present any claim for personal injury, theft, property damage or wrongful death or any other claim or bring any action against the Coordinator, other participants, or their respective, officers, trustees, administrators, executors, personal representatives, next of kin or any other representatives ("Releasees") and hereby release, waive, discharge, relinquish any action, causes of action or claim, which may hereafter arise from any and all liability, claims, demands, losses or damages on my/our account caused or alleged to be caused in whole or in part by the negligence or other acts or omissions of the Releasees or otherwise, including injuries received or that may have been compounded or increased by negligent operations or rules and procedures of the Releasees.
Indemnification: Covenant, promise and agree to defend, indemnify and hold the Releasees harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees and court costs, of any kind or nature whatsoever, whether direct, indirect or consequential, that arise out of or are in any way related to involvement or participation in the Club F&E's, presence on the Club property and use of Club facilities by me/us. Furthermore, I covenant, promise and agree to defend, indemnify and hold the Releasees harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys’ fees and court costs, of any kind or nature whatsoever, whether direct, indirect or consequential, that arise out of or are in any way related to involvement or participation in the Club F&Es by any of my family members, invitees or guests.
Miscellaneous: Hereby declare I/we am/are of lawful age and legally competent to sign this Agreement, I/we understand the terms herein are contractual and not a mere recital and I/we have signed this document of my/our own free will. I/we further acknowledge, understand and agree that the covenants and releases in this Agreement are intended to be as broad and inclusive as is permitted by the laws of the State in which the Club F&E's are conducted and if any portion of this Agreement is held invalid, I/we agree that the balance, notwithstanding, continue in full legal force and effect. I/we agree that this Agreement shall be interpreted under the laws of the State where the Club facilities are located, and that to the extent not covered by the Club's governing documents, the courts of the State where the Club facilities are located shall have exclusive jurisdiction to hear all such disputes. To the extent of any minor family members, I/we are acting as parent and/or guardian of their person with full authority to execute this Agreement and bind such parties to the provisions hereof.
Marketing Use: Furthermore, I/we understand that in conjunction with the use of the Club facilities and participation in Club F&E's, photos or videos of me/us may be taken. I/we authorize the Club and its affiliates to copyright, use and publish the same in print and/or electronically. I/we agree that the Club and its affiliates may use such photos or videos of me/us with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
I/WE ACKNOWLEDGE THAT I/WE HAVE READ THIS AGREEMENT, HAVE HAD THE OPPORTUNITY TO CONSULT A LAWYER AS TO ITS PROVISIONS, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A FULL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
