~~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 Lake Barrington Canlan Sportsplex (Be Strong Together or any of its constituents) I, for myself for personal representatives, assigns, heirs and next of kin:
1. ACKNOWLEDGE, agree and represent that I understand the nature of LAKE BARRINGTON CANLAN SPORTSPLEX Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
2. FULLY UNDERSTAND THAT; (a) LAKE BARRINGTON CANLAN SPORTSPLEX ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) These Risks and dangers may be caused by my own actions or inaction’s , the actions or inaction’s of others participating in the Activity, condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASE'S” NAMED BELOW; (c) there may be OTHER RISK 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 I incur as a result of my participation or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE LAKE BARRINGTON CANLAN SPORTSPLEX, their representative administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the “RELEASES” herein) FROM 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 AND I FURTHER AGREE that if, despite this RELEASE AND WIAVER OF LIABILTIY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releases, I WILL INDEMNIFY, SAVE , AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss liability, damage, or cost which may incur as the result of such claim.
4. I grant full permission to the Releases with no obligation to compensate me to use my and / or my participants child's name, voice, statements, image, likeness, and / or actions, in addition to any photographs, videotapes, motion pictures, recordings, and / or other record of my and / or my participant child's performance (s) in the Event in perpetuity worldwide in any manner and in any and all media, whether now known or hereafter devised (the “Materials”), and represent that I have the right to grant such permission;
5. Hereby forever release and discharge, and covenant and agree not to sue, any or all of the Releasees (including, without limitation, Canlan Sportsplex and its successors or assigns), from and against any and all liability, claims, damages, demands, or losses caused, or allegedly caused, in whole or part by the negligence any of the Releasees. I further covenant and agree that if, despite this release, waiver of liability, assumption of risk and indemnity agreement, anyone on my behalf makes a claim against any or all of the Releasees (including, without limitation, Canlan Sportsplex or its successors or assigns) based upon the negligence or alleged negligence of any or all of the Releasees, I will indemnify and hold harmless each of the Releases (including, without limitation, Canlan Sportsplex and its successors or assigns) from any loss, liability, damage, cost, expense of litigation, and attorneys’ fees.
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 INDUCEMENT OR ASSURANCE OF ANY NAUTRE AND INTENT IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OFALL 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.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF LAKE BARRINGTON CANLAN SPORTSPLEX ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITEIS AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABITLIY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED ORALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
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