WISE FOOL NEW MEXICO ACCIDENT WAIVER AND RELEASE OF LIABILITY
I acknowledge that by signing this document I am releasing Wise Fool New Mexico (WFNM) and its respective agents, employees, members, sponsors, promoters and affiliates (collectively “Releasees”) from liability. This Accident Waiver and Release Of Liability is a contract with legal consequences.
In consideration of the Releasees acceptance of my entry in the event listed below, I hereby freely agree to and make the following contractual representations and agreements:
I acknowledge that this event is inherently dangerous and carries with it the potential for serious injury. The risks include, but are not limited to those caused by facilities, temperature, condition of participants, equipment, inadequate safety equipment, the Releasees’ own negligence, actions of other people including, but not limited to, participants, volunteers, spectators, event monitors, and/or producers of the event. These risks are not only inherent to participants, but also to spectators. I hereby assume all of the risks of participating and/or spectating in this event. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, contained or controlled by them or because of their possible liability without fault.
For myself, my heirs, executors, administrators, legal representatives assignees and successors in interest (collectively “Successors”) I hereby waive, release, discharge, hold harmless and promise to indemnify and not sue the Releasees and the sponsors of this event, their organizers and any promoting organizations, property owners, public entities and their respective agents, officials and employees through or by which the event will be held (the foregoing are collectively deemed to be Releasees) from any and all rights and claims including claims arising from the Releasees’ own negligence which I have or which may hereafter accrue to me and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the event.
I agree it is my sole responsibility to be familiar with the Releasees’ rules, and any special regulations for the event. I have no physical or medical condition which to my knowledge would endanger myself or others if I participate in this event, or would interfere with my ability to participate in this event.
I agree, for myself and my successors, that the above representations are contractuarily binding and are not mere recitals, and that should I or my successors assert my claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence.
Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
The Wise Fool New Mexico Accident Waiver and Release Of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I hereby certify that I have read this document and understand its contents.