THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF LIABILITY. IT AFFECTS YOUR LEGAL RIGHTS. YOU SHOULD READ IT FULLY AND CAREFULLY BEFORE SIGNING. The individual(s) named below (referred to as “I” or “me”) desires to participate in educational and recreational activities pertaining to woodworking, machining, and other construction-related trades and use of tools and equipment and related activities (collectively, the “Activities”), as provided by Girls Build, an Oregon public benefit corporation (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activities, I agree to all the terms and conditions set forth in this Agreement. - INHERENT RISKS: I am aware and understand that the Activities involve risks, dangers and hazards that are inherent (collectively, the “Risks”). Some of the Risks are obvious, but others may not be. The Risks can result in serious physical, mental or emotional injury; illness; disability; death; property damage; and other losses to me. The Risks include, but are not limited to: equipment malfunction; equipment misuse; injury resulting from the use of powered and unpowered tools including tools with blades or other hazardous components; failure, malfunction, defect, or lack of safeguards or protective equipment; exposure to chemicals, particulates, or other toxins; tripping hazards; noise exposure; fire, smoke or flame exposure; electrical shock; negligent maintenance; premises hazards; activities or negligence of instructors, volunteers, and other participants in the Activities; and negligent emergency response or rescue operations. By signing this Agreement, I acknowledge that I have read, understand and accept all the Risks disclosed in this Section 1 and elsewhere in this Agreement.
-
- REPRESENTATIONS: I represent and warrant that:
- I am voluntarily participating in the activities with knowledge of the danger involved; and
- No physical or mental limitations, conditions or other restrictions (including use of legal or illegal substances) make my participation in the Activities inadvisable.
-
- RELEASE, WAIVER, ASSUMPTION OF RISK AND INDEMNIFICATION: I agree on behalf of myself; my representatives; heirs; relatives; family members; dependents; executors; administrators; successors; assigns; and anyone who could assert claims by me, through me, or on my behalf as follows:
-
- RELEASE AND WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE LIABILITY, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO INITIATE AT ANY TIME ANY CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY NATURE IN ANY JURISDICTION (collectively, the “Claims”) AGAINST THE COMPANY, WIND & OAR, DEWOLF PROPERTIES, HANSET METAL FABRICATORS, WILDCAT HOBBY SHOP, LEASE CRUTCHER LEWIS, TRUEBECK CONSTRUCTION, NECA-IBEW TRAINING CENTER, THREE RIVERS SCHOOL DISTRICT, PHOENIX-TALENT SCHOOL DISTRTIC, WARRENTON-HAMMOND SCHOOL DISTRICT, TILLAMOOK SCHOOL DISTRICT, TALENT MAKER CITY, UNIVERSITY OF PORTLAND AND EACH OF THEIR SUBSIDIARIES’ AND AFFILIATES’ RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, INSURERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (collectively, the “Released Parties”) FOR ANY INJURY (INCLUDING DEATH), ILLNESS, DISABILITY, PROPERTY DAMAGE, LOSS OR EXPENSE ARISING OUT OF OR RESULTING FROM, IN WHOLE OR IN PART, MY PARTICIPATION IN THE ACTIVITIES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, MY RELEASE, WAIVER, DISCHARGE, HOLD HARMLESS AGREEMENT AND AGREEMENT NOT TO INITIATE A CLAIM IN THE PRECEDING SENTENCE WILL BE EFFECTIVE WHETHER OR NOT MY INJURY (INCLUDING DEATH), ILLNESS, DISABILITY, PROPERTY DAMAGE, LOSS OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.
-
- ASSUMPTION OF RISK: I understand and acknowledge that the Activities are an inherently dangerous activity. I voluntarily elect to participate in the Activities. I agree that the Activities are recreational in nature. My participation is completely at my own option, and I have the choice not to participate in the Activities. I accept and assume full responsibility for any and all Risks and for any injury, illness, disability, death, property damage or other loss arising out of or resulting, in whole or in part, from my participation in the Activities. My assumption of risk will be effective to the maximum extent allowed by law, even if my injury, illness, disability, death, property damage or other loss is caused, in whole or in part, by the negligence of one or more of the Released Parties.
-
- INDEMNIFICATION: I hereby agree to defend, indemnify and hold harmless the Released Parties against any and all claims, demands, causes of action, liabilities, judgments, settlements, interest, awards, penalties, fines, costs, or expense of any kind, including attorneys’ fees, and any fees and costs of enforcing any right under this Agreement, arising out of or resulting from, in whole or in part, my participation in the Activities. This paragraph will be effective to the maximum extent allowed by law, even if my injury, illness, disability, death, property damage or other loss is caused, in whole or in part, by the negligence of one or more of the Released Parties.
-
- SAFETY EQUIPMENT; INSTRUCTIONS; RULES: The Company may provide some safety equipment for use during the Activities. The Company does not guarantee that the safety equipment will be adequate to prevent injury or death. I acknowledge that I may bring and use my own safety equipment. I agree to abide by and follow any directions, instructions, or rules given or established by the Released Parties with regard to the Activities. If I choose not to wear or use any provided safety equipment, or if I fail to abide by or follow the directions, instructions, or rules given or established by the Released Parties I shall do so at my own risk, shall be totally responsible for all injuries, damages, losses, costs and expenses, including death, resulting from such choice, and I will hold the Released Parties harmless from, indemnify them for and defend them against any and all claims, demands, legal actions, liabilities and expenses arising out of such choice.
-
- ENTIRE AGREEMENT; SEVERABILITY; INTERPRETATION: This Agreement constitutes the entire agreement between me and the Company with respect to the subject matter contained herein, and it supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. If any provision cannot be enforced to the extent provided in this Agreement, it is the intent of me and the Company that the provision nevertheless be enforced to the extent allowed by law. As used in this Agreement, the words “include,” “including” and their derivatives are deemed to be followed by the phrase “without limitation”; the word “and” includes “or,” and vice versa; the singular form of any word shall include the plural form of such word, and vice versa.
I UNDERSTAND THAT I MAY CHOOSE NOT TO SIGN THIS RELEASE AND WAIVER. I UNDERSTAND THIS AGREEMENT INCLUDES A RELEASE AND WAIVER, ASSUMPTION OF RISK AND HOLD HARMLESS PROVISIONS THAT AFFECT MY SUBSTANTIAL LEGAL RIGHTS. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE FULLY AND CAREFULLY READ, UNDERSTAND AND AGREE TO THIS ENTIRE AGREEMENT AND ALL OF ITS TERMS. I am an adult the over 18 or the parent/legal guardian of the minor(s) named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Agreement.
|