For and in consideration of the opportunity to use Michael and Annette Impola’s property known as 14715 McElroy Rd, Arlington, WA 98223 and surrounding property (“the Property”), including the opportunity to use go-karts, bomber cars, quads/ATVs/UTVs, motorcycles, softball fields, soccer field, race track, skid pad, pond, skeet shoot and other equipment, facilities or items thereon (the “Equipment”), whether such Equipment is provided by Michael and Annette Impola, or brought to the Property by the undersigned or some other third party, the undersigned for myself, executors and administrators agree to and acknowledge the following:
- I understand that Michael and Annette Impola assume no responsibility for injuries, illnesses, death, disability, property damage or other damages or liabilities I may sustain or incur arising out of or related in any way to my use of the Property or the Equipment. I am responsible for wearing any safety equipment that is recommended, advisable or that may protect me or others while using the Property and/or the Equipment.
- By signing this Release of Liability, I acknowledge, understand and assume all risks inherent in the use of the Property and Equipment and understand such activity involves risks to me and to third parties, including property damage, bodily injury, partial or total disability, permanent paralysis, and death, and that I have full knowledge of said risks. I further acknowledge that there may be risks and dangers which I am assuming and which are not known to me, or are not reasonably foreseeable at this time. I also acknowledge, understand and assume the risks, if any, arising from the condition of the Property and/or the Equipment and acknowledge and understand that included within the scope of this waiver and release is any cause of action, arising from the performance of, or failure to perform, maintenance, inspection, supervision or control of the Property and/or Equipment and for the failure to warn of any dangerous conditions existing.
- The novel coronavirus which causes COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. By signing this Release of Liability, I further acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Property and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Property may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, volunteers, and program participants and their families.
- I hereby release and hold harmless Michael and Annette Impola, all family members and their agents and employees (the "Released Parties") from any and all liability, claims and causes of action arising out of or in any way connected with my use of the Property or any Equipment or item thereon or connected thereto, or from my presence on the Property during the use by others of the Property and/or Equipment, or from infection from COVID-19 or any other contagion, disease or illness, whether such infection occurs before, during or after my presence on the Property.
- To the fullest extent allowed by law, I agree to indemnify Michael and Annette Impola and the other Released Parties from any and all liability for injuries, illnesses, death, disability, property damage or other damages or liabilities I may sustain or incur on or connected with the Property or any Equipment or other items thereon and I agree not to sue or make a claim against Michael and Annette Impola or any other Released Party or their properties for any injuries or damages relating to or connected with the Property or the Equipment. I agree that if any claim for my personal injury or wrongful death, loss or property damage, or any claim by third parties for property damage, personal injury, death, fines, penalties, or any other loss or property damage, is commenced or threatened against Michael and Annette Impola or any other Released Party arising from or relating to my use of the Property and/or Equipment, or from my presence on the Property during the use by others of the Property and/or Equipment, I agree to defend, indemnify and save harmless (including reasonable attorney fees) Michael and Annette Impola and/or any other Released Party from any and all claims or causes of action by whomever or wherever made or presented. The foregoing indemnity shall be binding upon my heirs, executors, administrators, representatives and assigns.
I have carefully read this Release of Liability, fully understand its contents, have not relied upon any representations of Michael and Annette Impola or any Released Party. This is a binding contract that supersedes any other agreements or representations and is intended to provide a comprehensive release of liability. If any part of this contract is deemed unenforceable, all other parts shall be given full force and effect. I sign it of my own free will.
I agree that the above terms shall also serve as full release and assumption of risk for my heirs, executors, administrators, representatives, assigns, and family members, including any minors.
This Release of Liability shall apply to the use of the Property and/or Equipment on the day this Release of Liability is executed and shall further apply in perpetuity to any future uses of the Property and/or Equipment.
Date: March 5, 2021