WAIVER OF LIABILITY AND RELEASE AGREEMENT October 22, 2024 This Waiver of Liability and Release Agreement (this “Agreement”) is entered into as of the date first set forth above by the undersigned (the “Participant”) in favor of Slackline Chicago, an Illinois not for profit corporation (the “Organization”), its officers, officials, agents, employees, participants, contractors, sponsors, advertisers, representatives, volunteers, partners, related organizations and individuals, members and all other individuals and entities involved in the operation of the Organization (together with the Organization, collectively, the “Released Parties”).
In consideration of being permitted to participate in any way in any program, event or activity that is hosted or sponsored, whether outdoors or indoors, by or related to the Organization, including, but not limited to, slacklining, use of slacklining equipment and facilities, being outdoors, climbing, balancing, or other similar activities (collectively, the “Activities”), and for other good and valuable consideration, the Participant freely, voluntarily and without duress hereby executes and delivers this Agreement and agrees to the following: - Assumption of Risk. The Participant is aware and acknowledges participation in the Activities is inherently dangerous and may expose the Participant to or increase the Participant’s risk of physical injury, illness, harm, loss and/or death (collectively, “Harm”), and no Released Party has the power to prevent the Participant from experiencing any Harm while participating in any Activity and it is impossible to completely prevent the incurrence of Harm. The Participant, after carefully considering all of the foregoing, voluntarily agrees to participate in the Activities and expressly and specifically assumes any and all risks relating thereto, whether foreseen or unforeseen, including, without limitation, the risk of Harm that the Participant may incur as a result of such participation in the Activities.
- WAIVER OF LIABILITY AND RELEASE. For good and valuable consideration, the Participant, on their own behalf, and on behalf of their parents, guardians, family members, heirs, executors and assigns, hereby fully releases forever, irrevocably and unconditionally, each of the Released Parties from, against and with respect to each and every agreement, contract, duty, interest, liability, loss, injury, damage, cost, expense (including, without limitation, attorneys’ fees and expenses), obligation, penalty, reimbursement, remedy, sum of money and tort of every kind, action, cause of action, legal proceeding or other similar dispute, in each case, conducted or heard by or before, or otherwise involving, any arbitrator or governmental authority, in each case, of whatever kind or nature, whether in law, equity or otherwise, foreseeable or unforeseeable (collectively, the “Waived Actions”), which the Participant, his or her parents, guardians, family members, heirs, executors and/or assigns or anyone claiming through or under the Participant ever had or now has, or may hereafter have or acquire, against any of the Released Parties for or by reason of any matter, cause or thing whatsoever relating to, in connection with and/or arising out of the Participant’s participation in any Activity, and the Participant hereby expressly and explicitly waives all of the Waived Actions. The Participant acknowledges the health risks associated with the Activities, including, but not limited to, transient dizziness, lightheadedness, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, other physical injury, illness, loss, Harm and death. Participant agrees that if Participant experiences any of these or any other symptoms during the Activities, Participant shall discontinue participation in the Activities immediately and seek appropriate medical attention. The Participant understands, acknowledges and agrees that the foregoing waiver and release means that the Participant, by executing and delivering this Agreement, is HEREBY giving up his or her right to bring any Waived Action, including, without limitation, any Waived Action for injury, death, disease, loss, ILLNESS, negligence, gross negligence, mental anguish, common law and statutory premises liability, negligent misrepresentation and bystander and derivative Actions of all types, in each case, whether known or unknown, foreseen or unforeseen, against any Released Party.
- MEDIA RELEASE. The Participant hereby grants the Organization (or any bona fide news media personnel or authorized agent of the Organization) permission to use the Participant’s likeness, voice and words in photos, video, television, radio, audio and similar media, on print and online promotional and/or marketing materials, social media platforms or display boards of the Organization and its affiliates. The Participant understands that neither the Organization nor its affiliates will provide the Participant with any compensation for use of the Participant’s image or likeness and that the Participant may not be informed in advance of the specific use of the Participant’s image or likeness.
- REPRESENTATIONS AND WARRANTIES. The Participant hereby represents and warrants to the Organization as follows:
- Participation in the Activities is of such value to the Participant that the Participant accepts the risk of incurring Harm in order to participate in such Activities.
- The Participant is in proper health and physical condition to participate in the Activities.
- The Participant hereby consents to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if the Participant is injured or requires medical attention during his or her participation in the Activities. The Participant understands and agrees that he or she is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.]
- This Agreement constitutes the sole and entire agreement of the Organization and the Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Organization and the Participant and each party’s respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Cook County, Illinois and the Participant hereby consents to the exclusive jurisdiction of such courts.
- BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, BEAR THE SOLE RISK FOR THE FOREMENTIONED ACTIVITIES, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SUE THE ORGANIZATION.
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