RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of myself, and in the case of any minor child or ward in consideration of my child or ward, being permitted to practice, train, compete, use equipment, observe, volunteer, assist, set up equipment, fund raise, coach, or participate in any way in practices, competitions, and all other track and field related activities, (hereinafter referred to collectively as Events), EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin, and for his/her child or ward:
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Green Bay Track Club Inc, and regardless of any affiliation with Green Bay Track Club Inc, all members, athletes, promoters, coaches, volunteers, participants, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, rescue personnel, owners and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents and employees, all for the purposes herein referred to as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin, and FROM ALL LIABILITY TO THE UNDERSIGNED’S CHILD OR WARD, FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED OR TH UNDERSIGNED’S CHILD OR WARD, ARISING OUT OF OR RELATED TO THE EVENT (S), CAUSED BY THE NEGLIGENCE OF THE RELEASEES.
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they or their child or ward may incur arising out of or related to the EVENT(S) CAUSED BY THE NEGLIGENCE OF THE RELEASEES.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE to themselves or to their child or ward, arising out of or related to the EVENT(S) caused by the NEGLIGENCE OF RELEASEES.
4. HEREBY ACKNOWLEDGES THAT THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED BY THEM OR BY THEIR CHILD OR WARD MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. 5. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the province or State in which the Event(s) is/are conducted and that if any portion thereof is held in valid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The undersigned further acknowledges that if the terms and conditions of this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT are unacceptable, they have the opportunity to discuss the potential modification of this agreement, the provision of insurance coverage and cost related thereto, modification of the scope of the participant’s activities, and otherwise bargaining for a mutually acceptable alternative.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS OF MY OWN AND OF MY CHILD OR WARD BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19 Green Bay Pole Vault cannot prevent you or your children from becoming exposed to, contracting, or spreading COVID-19 while utilizing Green Bay Pole Vault’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Green Bay Pole Vault’s services and/or enter onto Green Bay Pole Vault’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19. ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children to utilize Green Bay Pole Vault’s services and enter Green Bay Pole Vault’s premises. These services are of such value to me and my children, that I accept the risk of being exposed to, contracting and/or spreading COVID-19 to utilize Green Bay Pole Vault’s services and premises in person. WAIVER OF LAWSUIT/LIABILITTY: I hereby forever release and waive my right to bring suit against Green Bay Pole Vault, and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID- 19 related to utilizing Green Bay Pole Vault’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen, or unforeseen. CHOICE OF LAW: I understand and agree that the law of the Sate of Wisconsin will apply to this contract. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
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