SPECIAL OLYMPICS NORTH CAROLINA RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT IN CONSIDERATION of being permitted to participate in any way in any capacity for the 2024 Caldwell County Polar Plunge on February 24, 2024 or designated date, I, for myself, my personal representatives, assigns, heirs, and next of kin agree to the following: 1. ACKNOWLEDGMENT. I ACKNOWLEDGE, agree and represent that I understand the nature of Polar Plunge Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity. I further agree to follow all safety rules and instructions, including, but not limited to, wearing required safety equipment and informing the instructor of conduct or a condition that might endanger myself or others. 2. ASSUMPTION OF THE RISK. I FULLY UNDERSTAND that: (a) Polar Plunge ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, SCRAPES, BRUISES, BROKEN BONES, CONCUSSIONS, PERMANENT DISABILITY, PARALYSIS, AND DEATH; (b) these Activities involve risks and dangers of less severe injury, including, but not limited to scrapes, bruises, broken bones, and concussions; (c) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (d) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES that I incur as a result of my participation or that of the minor in the Activity. 3. WAIVER OF NEGLIGENCE. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Special Olympics, Inc., Special Olympics North Carolina, its respective administrators, directors, agents, officers, members, volunteers, team members and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the RELEASEES herein) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. This waiver of negligence applies to all phases of participation (i.e., warm-ups, use of equipment, use of facility, instruction, supervision, etc.). 4. INDEMNITY AGREEMENT. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, REIMBURSE, DEFEND, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or costs which may be incurred as the result of such claim. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. |