WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
In consideration of the Great Lakes Equestrian Vaulting LLC (“GLEV”) allowing me, the undersigned, to participate in any capacity (including as a vaulter, longeur, lessee, owner, agent, coach, official, trainer or volunteer) in any GLEV event or activity, including but not limited to clinics, practices, fests, competitions and/or related or incidental activities (“GLEV Event(s)”; I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and or assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the “Agreement”):
A. RULES AND REGULATIONS: I hereby agree to be bound and abide by the rules, regulations, and policies of the American Vaulting Association (“the AVA”) and on the website at www.americanvaulting.org, as amended from time to time.
B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of equestrian vaulting and know that equestrian vaulting (individually and as a pair/team), and all related equestrian activities and/or gymnastic activities are inherently dangerous, including practicing on a barrel (stationary or moving), doing acrobatic exercises (individually and as a pair/team), and that participation in any GLEV Event(s) involves risks and dangers including, without limitation: the potential for serious bodily injury (including, broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; and loss of or damage to personal property (including to my horse(s) & equipment). I acknowledge that incidents arising out of but not limited to: the unpredictable behavior of horses; exposure to extreme conditions and circumstances; accidents involving other participants, staff, volunteers or spectators; contact or collision with other participants and horses, natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of equipment; inadequate safety measures; and any and all situations beyond the immediate control of the GLEV Event(s)’ organizers and or competition management; and other undefined, not readily foreseeable and presently unknown risks and dangers (collectively, the “Risks”).
C. ASSUMPTION OF RISK: I understand that the Risks may be caused in whole or in part directly or indirectly from the negligence of my own or others’ actions or inactions, or the negligent acts or omissions, including but not limited to gross negligence, of the Released Parties defined below, and I do voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my participation in any GLEV Events. I also agree to be responsible for any injury or damage caused by me, my horse (if applicable), my children, or any person or animal under my care and control.
D. WAIVER AND RELEASE: I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: GLEV, Grove Equestrian LLC, the United States Equestrian Association (“the EVUSA”); EVUSA subordinates; EVUSA clubs; EVUSA members; EVUSA regions; any event participants (including but not limited to athletes/vaulters, coaches, trainers, clinicians, judges/officials, and other personnel); competition managers; the promoters, sponsors, or advertisers of any GLEV or EVUSA Event; the owners, managers, or lessors of any facilities or premises where a GLEV practices or GLEV or EVUSA events may be held; all directors, officers, employees, agents, contractors, and volunteers of any of the aforementioned parties (Individually and Collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in any GLEV or EVUSA Events, including claims for Liability caused in whole or in part by the negligent, gross or otherwise, acts or omissions of the Released Parties. I agree that I am not entitled to any refund of any money paid by me or on my behalf for my or my minor child’s participation in any GLEV practices, clinics, events, or AVA events, unless expressly specified otherwise.
E. PHOTO RELEASE. I give my permission to GLEV to use my and/or my minor child’s photo or image and/or videotaping and/or artwork for use in general information, promotional materials, YouTube, Facebook, and any other marketing activities or promotional materials as the GLEV exclusively determines without limitation. All photos, videos, images, etc. loaded onto the GLEV’s website or posted on any of GLEV’s social platform become the sole property of the GLEV for GLEV’s use, distribution, benefit, and determination.
VOLUNTARY AND KNOWING CONSENT: I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER FROM LIABILITY, AS WELL AS A HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS. I expressly agree that the foregoing assumption of risk, release of claims and indemnity are intended to be as broad and inclusive as permitted by law and do hereby voluntarily and knowingly agree to the same. This agreement may be electronically signed, and any electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
Informed Consent for Travel
LOCATION(s): Great Lakes Equestrian Vaulting, 4599 16 Mile Rd NE, Cedar Springs, MI 49319
I, as the parent/guardian of the Minor Athlete identified below, hereby authorize and consent that Michelle McLean or any of the adults designated by Michelle McLean can travel one-on-one with my Minor Athlete to and from all activities related to the Event listed above. This consent is valid for a period of (1) one year from the date of this written consent form. I understand that my Minor Athlete or I can withdraw consent at any time. In connection with and in consideration of Minor Athlete’s participation in the Event listed above, I as Minor Athlete’s parent and or legal guardian hereby represent and consent to the following:
1) I consent and agree to allow the Minor Athlete to attend and participate in the Event and all transportation that is required to facilitate the Event;
2) My minor child can ride alone in a vehicle with any of the adult participants;
3) I consent and agree that I have had the opportunity to review USEF’s Safe Sport Policy and Minor Athlete Abuse Prevention Policies, available at http://safesport.usef.org with my minor child;
4) I understand GLEV recommends that I watch the Parents Guide to Misconduct in Sport, provided at no cost to me and produced by the U.S. Center for SafeSport before providing this consent, which can be found at https://athletesafety.org/;
5) I authorize and consent to the release and disclosure of this consent form, Minor Athlete’s name, any and all Travel details, and other relevant information, as needed, to demonstrate my consent to Minor Athlete’s participation in the travel; and
6) I certify that I am 18 years of age or older and the legal guardian of the Minor Athlete. In addition, I certify that I have read, fully understand, and agree to the terms of this informed consent, and I sign it voluntarily with the full knowledge of its significance.