RELEASE OF LIABILITY AND HOLD HARMLESS
Release of liability hold harmless and indemnification I desire to engage voluntarily in recreational activities and/or exercise programs at the Bowman Parks and Recreation Rouzie Recreation Center for enjoyment and/ or to attempt to improve my physical fitness. I understand that some of the activities are designed to place a gradually increasing workload on the cardio respiratory system and to thereby attempt to improve its function. The reaction of the cardio respiratory system to such activities cannot be predicted with complete accuracy. There is a risk of certain changes that might occur during or following some exercises. These changes might include abnormalities of blood pressure or heart rate. I understand that the purpose of an exercise program is to develop and maintain cardio respiratory fitness, body composition, flexibility and muscular strength and endurance. I may request assistance for a specific exercise plan, based on my needs and interests and my doctor’s recommendations. I understand that I am responsible for monitoring my own condition throughout any recreational activities and/or exercise programs and should any unusual symptoms occur, I will cease my participation and inform the program instructor or manager on duty of the symptoms. In signing this consent form, I affirm that I have read this form in its entirety and that I understand the nature of my recreational activity and/or exercise program. I also affirm that my questions regarding the recreational activity and/or exercise program have been answered to my satisfaction. In the event that a medical clearance must be obtained prior to my participation in any exercise program, I agree to consult my physician and obtain written permission from my physician prior to the commencement of any exercise program. Waiver and Release: In consideration of Bowman Parks and Recreation granting me and my minor children the permission to engage in and assume the risk of recreational activities and/or exercise programs with the Bowman Parks and Recreation Department, I/ we agree to assume the risk of such activity and/or exercise and further agree to release, hold harmless and indemnify the Bowman Parks and Recreation Board, its employees, agents and independent contractors conducting the recreational activity and/or exercise program from any and all claims, suits, losses or related causes of action for damages, including but not limited to, such claims that may result from my/our injury or death, accidental or otherwise, during or arising in any way from recreational activity and/or exercise program, loss of property, personal injury to me/us or the act or failure to act by the Bowman Parks and Recreation Board or its employees, agents or independent contractors. The undersigned further assumes the risk of all dangerous conditions in and about the Bowman Parks and Recreation Department property both real and personal and waive any and all specific notice of the existence of such dangerous conditions, if any. Registrants and participants of programs and special events permit the taking of photos and videos of themselves and their children during the Department activities for publication in the program brochure, website, and additional uses as the Department deems necessary. Furthermore, the release bars claims by the undersigned’s children, heirs, assigns, executors and administrators.
Please read this form carefully and be aware that by registering your child/ward for participation in this Bowman Park and Recreation District (BP&R) program, you will be waiving and releasing all claims for injuries and infection you or your child/ward might sustain arising out of the BP&R program. I acknowledge and fully understand the inherent risks of the COVID-19 virus and I am voluntarily enrolling my child/ward in an environment where the COVID-19 virus may be present and contains risk not only from my actions but also from the action, inaction or negligence of others. I acknowledge that I am choosing to enroll my child/ward in this BP&R program, understanding the risks. I recognize and acknowledge that there are certain risks of COVID-19 infection, physical injury and/or death to participant in this program and, I agree to assume the full risk of any such injuries, death, damages, or loss regardless of severity which I or my child/ward may sustain as a result of involvement in the BP&R program. Further, I hereby waive and relinquish all claims that I, my insurer, or my child/ward may have against the Bowman Park and Recreation District, the City of Bowman, Bowman County Public Schools, and their officers, servants, and employees of each of these three entities, (“Provider Entities”) from any and all claims for injuries, damages, or loss, including with the COVID-19, which I or my child/ward may have or which may accrue to me or my child/ward in relation to his/her involvement with the BP&R program, regardless whether the activities involved are supervised or unsupervised. I also agree to hold harmless the Provider Entities for any injuries, death, or damages, including COVID-19, sustained in relation to my child/ward’s involvement with the BP&R program. This agreement shall bind the members of my family, my heirs, assigns, and personal representative. Nothing in this release shall be intended to release the Provider Entities from responsibility of fraud or willful injury to person or property, nor for any violation of law. This release is intended to and releases only claims for negligence and/or non-willful or non-criminal claims.
BOWMAN PARKS AND RECREATION CUSTOMER RELEASE OF LIABILITY AND ASSUMPTION OF RISK – JUMP WAIVER
*** THIS IS A CONTRACT – READ BEFORE SIGNING ***
In consideration of being permitted by City of Bowman Park Board, doing business as: “Bowman Parks and Recreation” to participate in its activities and to use its equipment and facilities, now and in the future, I hereby agree to release, indemnify and forever discharge Bowman Parks and Recreation, its agents, owners, members, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in BOWMAN PARKS AND RECREATION trampoline games and use of BOWMAN PARKS AND RECREATION facilities entail known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things and without limitation: Trampoline(s) entails certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Trampoline(s) exposes its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants often fall off equipment, sprain or break wrists and ankles, and can suffer more serious injuries as well. Traveling to and from trampoline locations raises the possibility of any manner of transportation accidents. Double bouncing, more than one person per trampoline, can create a rebound effect causing serious injury. Flipping and running and bouncing off the walls is dangerous and can cause serious injury and must be done at the participants own risk. Similar risks are also inherent in using the Air Bag and Moving Obstacle, Climbing Wall, Ninja Course, Dodgeball, Dunk Hoop, Playground. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. Furthermore, BOWMAN PARKS AND RECREATION employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that BOWMAN PARKS AND RECREATION employees may be negligent in, among other things, monitoring and supervising use of its equipment and facilities and in the maintenance and repair of its equipment and facilities.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of BOWMAN PARKS AND RECREATION equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES.
4. Should BOWMAN PARKS AND RECREATION or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. This means that I will pay all of those attorney’s fees and costs myself.
5. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.
6. In the event that I file a lawsuit against BOWMAN PARKS AND RECREATION, I agree to do so solely in the state of North Dakota and I further agree that the substantive law of North Dakota shall apply in that action without regard to the conflict of the law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at BOWMAN PARKS AND RECREATION, grant BOWMAN PARKS AND RECREATION, and all RELEASED PARTIES, the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with Bowman Parks and Recreation to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the Photograph and/or Recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All Photographs and/or Recordings are exclusive to Bowman Parks and Recreation.
8. If the participant is a minor, I agree that this Release of Liability and Assumption of Risk Agreement (“RELEASE”) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to this Agreement.
9. If the participant is a minor, I further agree to defend, indemnify and hold harmless BOWMAN PARKS AND RECREATION from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity.
10. In consideration of not being required to sign a fresh copy of this RELEASE before each visit, I further agree that this RELEASE shall apply to all future visits for one calendar year by me and by the minor participant until he/she is 18 years old in full, including Paragraphs 8 and 9. By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against Bowman Parks and Recreation or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I agree to the terms of the above agreement, and
I HAVE READ AND FULLY UNDERSTAND THE ABOVE AGREEMENT OUTLINING MY ASSUMPTION OF RISK AND WAIVER AND RELEASE OF ALL CLAIMS.
December 6, 2023