ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of Adventure Sports Unlimited athletic program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to
MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I, MYSELF AND/OR CHILDREN, WILL NOT COME TO CLASS IF ANYONE IN THE HOUSEHOLD HAS A FEVER, RUNNY NOSE OR COUGH; and,
3. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
4. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If I, however, observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
5. People considered to be at a higher risk for contracting illnesses should not participate in such activities where a communicable illness may be present and therefore will require a medical statement signed by a licensed physician; and,
- a. I acknowledge being considered “high risk” are those people with chronic lung disease or moderate to severe asthma, have serious heart conditions, severe obesity (body mass index [BMI] of 40 or higher), with diabetes, chronic kidney disease undergoing dialysis, liver disease, or are immunocompromised (Many conditions can cause a person to be immunocompromised, including cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medications).
6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Adventure Sports Unlimited their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
7. In consideration of your acceptance for enrollment in the Adventure Sports Unlimited Swim Program, I, my heirs, executor and administrator agree to aware and understand that activities involving Swimming/ SCUBA/ Snorkeling are dangerous and involve risk of drowning, serious injury and/or death. I acknowledge that I am voluntarily participating in the activities with the knowledge of the dangers involved and hereby accept and assume any and all risks of injury including death, even if arising from the negligence of the releasees.
8. I expressly waive and release any and all claims against Adventure Sports Unlimited and its owners, managers, officers, employees, agents, affiliates, successors, and assigns (collectively, releases), on account of injury or death arising out of or attribute to my participation in the activities. Whether arising out of the negligence of the Adventure Sports Unlimited or any releases or otherwise. I covenant not to make or bring any such claim against Adventure Sports Unlimited or any other release and forever release, discharge and hold Adventure Sports Unlimited and other releases harmless from liability under such claims.
9. I hereby authorize any representatives of Adventure Sports Unlimited to have the participant treated in any medical emergency during his/her participation in the activities. Further, the participant and/or parent/guardian agrees to pay all costs associated with medical care for and transportation of the participant. I have notified Adventure Sports Unlimited of any medical/health problems of which the Adventure Sports Unlimited’s staff should be aware prior to participating in the Swim Program.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.