ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT The persons to whom this Agreement applies is, as follows: Name of Participant/Volunteer (“Releasee”) IN CONSIDERATION for myself as listed above (“Releasee”) and in exchange for being permitted to participate in the Programs of VETERAN OVERLAND FOUNDATION, INC (the “Organization”), including, but not limited to, gatherings, hiking, off-roading, playing games, camping, spectating, traveling to or from events, or any other activity, active or passive, related to outings, events or exercise during any program affiliated with the Organization (the “Activities” hereafter); on behalf of himself or herself, and on behalf of any minor child(ren), (if applicable), acknowledges, agrees and represents that he or she has carefully considered such Activities or Programs and expressly accepts and assumes the risks of participation, and as such waives any and all potential claims he or she could assert or bring against the Organization or any members affiliated with the organization; including, but not limited to its Board of Directors, Leadership, Volunteers, Team Members, Agents, or Affiliates, (collectively, the “Organization”), or any fellow Participants or their Family Members or Guests, ( “Participants”) as provided herein. Therefore, the Releasee expressly acknowledges and agrees that all risks, and any resulting damage, injury, illness, loss, or death to themselves or their minor child(ren), or damage or loss to their property, incurred in connection with participation in any Organization Activities or Programs, shall be assumed and borne exclusively by the Releasee. IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ORGANIZATION’S PROGRAMS/ACTIVITIES, THE RELEASE HEREBY AGREES TO THE FOLLOWING: 1. RELEASE OF LIABILITY THE RELEASEE, ON HIS OR HER OWN BEHALF AND ON BEHALF OF ANY PARTICIPATING CHILD(REN), HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Organization, Organization Participants, the Board of Directors, Leadership, Volunteers, Team Members, Agents, and any applicable national governing body (collectively, the “Organization”) from any and all claims, liabilities, damages, losses, costs, or expenses—whether brought directly by the Releasee or on the Releasee’s behalf by personal representatives, assigns, heirs, or next of kin. This release applies to claims for property loss or damage, personal injury, illness, or death, whether caused by negligence—active or passive—or otherwise, arising out of or in connection with participation in any Organization Activity or event. 2. ASSUMPTION OF RISKS THE RELEASEE HEREBY ASSUMES ALL RISKS associated with participation in any Organization activity or event, including, but not limited to, risks caused by contact with other persons, sporting equipment, exercise, terrain, facilities, temperature, weather, condition of Participants, equipment failure, vehicular traffic, actions of other people (including Participants, Volunteers, spectators, or Affiliates of the Organization), accident, disease, lack of hydration, or voluntary consumption of alcohol. The Releasee acknowledges that alcohol consumption at Organization events is voluntary and at the Releasee’s own risk, and therefore, HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Organization from any injury, accident, or damage resulting from the Releasee’s own or others’ alcohol use, including intoxication, impaired judgment, or drinking and driving. The Releasee further agrees not to operate a vehicle or engage in Activities requiring sobriety while under the influence. 3. MEDICAL EMERGENCIES AND TREATMENT AUTHORIZATION THE RELEASEE HEREBY ACKNOWLEDGES AND AGREES that any illness or injury sustained during participation may be compounded by negligent first aid or emergency response and HEREBY WAIVES ANY CLAIM relating thereto. In the event of injury or medical emergency, the Releasee authorizes the Organization and its representatives to contact emergency services and act on the Releasee’s behalf to secure appropriate care, including first aid, ambulance transport, hospitalization, anesthesia, surgery, or other medical interventions deemed necessary. THE RELEASEE HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Organization from any costs, claims, or liabilities related to such medical care and accepts sole financial responsibility for all associated expenses. 4. MENTAL HEALTH DISCLAIMER AND RELEASE THE RELEASEE HEREBY ACKNOWLEDGES AND AGREES that the Organization and its representatives are not licensed or qualified mental health professionals and do not diagnose, treat, or counsel for any mental health condition, including post-deployment stress, PTSD, depression, suicidal ideation, or any other psychological disorder—whether known, unknown, diagnosed, undiagnosed, or subsequently diagnosed. THE RELEASEE HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Organization from and against any mental health–related claims, demands, actions, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from or related to the Releasee’s participation in Organization Activities or Programs, whether during or after participation, including those brought by third parties such as the Releasee’s estate, heirs, next of kin, executors, administrators, personal representatives, assigns, or beneficiaries. Furthermore, the Releasee agrees that the the Organization shall not be liable for any harm, injury, or damages caused by the Releasee to themselves or to others during or subsequent to participation in any Organization event or activity, including but not limited to acts of self-harm, suicide, or harm to others. 5. GENERAL INDEMNITY THE RELEASEE HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Organization from and against any and all claims, demands, actions, suits, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or in connection with: (a) The Releasee’s participation in Organization Activities or events; (b) The Releasee’s actions, omissions, or conduct, including alcohol-related conduct; (c) Any medical or mental health incidents; and (d) Any claims brought by third parties on behalf of the Releasee. This agreement applies to the fullest extent permitted by law and expressly includes risks related to communicable diseases such as COVID-19. 6. INSURANCE AND PROPERTY DAMAGE THE RELEASEE HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Organization, Organization Participants, the Board of Directors, Leadership, Volunteers, Team Members, and Agents from any loss, liability, damages, or costs they may incur, whether caused by the Organization’s negligence—active or passive—or otherwise, while the Releasee is participating in any program or activity of the Organization. THE RELEASEE UNDERSTANDS AND AGREES that the Organization is not required to carry or provide insurance coverage for the Releasee and is not responsible for any illness, injury, death, property loss, theft, or damage of any kind to the Releasee or the Releasee’s property, whether occurring on the premises or during participation in any Organization program, excursion, outing, or event. 7. SEVERABILITY AND SCOPE OF AGREEMENT THE RELEASEE EXPRESSLY AGREES THAT THE FOREGOING ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by law, and that if any portion of this agreement is found to be invalid, illegal, or unenforceable under applicable law, that portion shall be modified or severed only to the extent necessary to make it enforceable, and that the remaining provisions shall continue in full force and effect. ACKNOWLEDGEMENT AND ACCEPTANCE I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE ORGANIZATION IN CASE OF ILLNESS, INJURY, DEATH AND/OR PROPERTY LOSS OR DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS I (AND/OR THE MINOR I AM SIGNING ON BEHALF OF), MAY HAVE AGAINST THE ORGANIZATION AND ANY OF ITS AGENTS, LEADERSHIP, VOLUNTEERS, BOARD MEMBERS, AFFILIATES, REPRESENTATIVES, AND/OR NATIONAL GOVERNING BODY. I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO THE ORGANIZATION THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S). I UNDERSTAND AND AGREE THAT THIS DOCUMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN MYSELF AND THE ORGANIZATION WITH RESPECT TO PARTICIPATION IN THE ACTIVITIES DESCRIBED ABOVE, AND THAT IT SUPERSEDES ANY AND ALL PRIOR ORAL OR WRITTEN REPRESENTATIONS OR AGREEMENTS. I FURTHER UNDERSTAND THAT IF ANY PORTION OF THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE UNDER APPLICABLE LAW, THAT PORTION SHALL BE MODIFIED OR SEVERED ONLY TO THE EXTENT NECESSARY TO MAKE IT ENFORCEABLE, AND THAT THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS.
Today's Date: September 9, 2025 |