The above-named Participant/Volunteer (“Participant”) and/or Parent/Guardian on behalf of the above-named Participant/Volunteer (the “Minor”) by signing this Waiver and Release of Liability Agreement (“Release” or “Agreement”) on behalf of him/herself, his or her executors, administrators, heirs, next of kin, successors, assigns, and any legal and personal representatives (“Releasees”), hereby agrees to and makes the following contractual representations pursuant to this Agreement:
I, the Participant, and/or on behalf of the Minor, understand and acknowledge the risks and dangers associated with my and/or the Minor’s participation in the event(s), activity(ies), and function(s) (the “Event” or the “Events”) sponsored by Outdoor Chattanooga and/or Open Spaces (the “Event Sponsor”), including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; dangers arising from adverse weather conditions; land, water and surface hazards; equipment failure; inadequate safety measures; situations beyond the immediate control of the Event Sponsor; and other undefined, not readily foreseeable and presently unknown risks and dangers ("Risks" I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Releasees defined above. I, and/or on behalf of the Minor, hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of my participation in any Event.
I, the Participant, and/or on behalf of the Minor, hereby WAIVE, RELEASE, DISCHARGE, INDEMNIFY, DEFEND and HOLD HARMLESS the Event Sponsor/City of Chattanooga, its departments, administrators, employees, officers, contractors, representatives, and volunteers, from any and all liabilities, claims, causes of action, lawsuits, judgments, demands, losses or expenses (including request for costs and attorneys’ fees) of any kind or nature resulting from bodily injuries, disability, death, property damage, and loss of use arising from or attributable to my participation in any Event, including by way of example and no limitation, any liability that may arise from negligence on the part of Releasees, from dangerous or defective equipment or property owned, maintained, or controlled by Releasees, or because of Releasees’ possible liability without fault.
I, the Participant, and/or on behalf of the Minor, certify that I and/or the Minor am physically fit, and if necessary, have sufficiently prepared and/or trained for participation in the Event and that I and/or the Minor have not been advised not to participate by a qualified medical professional. I certify that there are no health-related reasons which precludes my and/or the Minor’s participation, and that I have the ability to pay for any and all costs related to any medical treatment I and/or the Minor may need as a result of participation in the Event.