Waiver and Release of All Claims & Assumption of Risk
Mandatory Waiver & Release. Opportunity Knocks, Inc., an Illinois not for profit corporation (hereinafter referred to as “Opportunity Knocks”), is committed to conducting its education and recreation activities in a safe manner and holds the safety of participants in high regard. Opportunity Knocks continually strives to reduce risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/guardians of minors registering for activities must recognize that there is an inherent risk of injury when choosing to participate.
You are solely responsible for determining if you or your minor child/ward is physically fit and/or skilled for the activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant, disabled in any way, recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity.
Warning of Risk. Recreational activities are intended to challenge and engage the physical, mental and emotional resources of the participant. Despite careful and proper preparation, instruction, medical advice, conditioning, and equipment, there is still a risk of serious injury when participating in any recreational activity. Understandably, not all hazards and dangers can be foreseen. Depending on the particular activities, participants must understand that certain risks, dangers, and injuries exist due to inclement weather, slipping, falling, poor skill level or conditioning, carelessness, horseplay, unsportsmanlike conduct, premises defects, inadequate or defective equipment, inadequate supervision, instruction, or officiating, and all other circumstances inherent to indoor and outdoor recreation activities. In this regard, it must be recognized that it is impossible for Opportunity Knocks to guarantee anyone’s absolute safety.
Waiver and Release of all Claims and Assumption of Risk. Please read this information carefully and be aware that, in signing up for and participating in Opportunity Knocks programs, you will be expressly assuming the complete risk and legal liability and waiving and releasing any and all claims for property damage, physical injuries, damages, losses, or expenses, which you or your child/ward might sustain as a result of participating in these programs (including transportation services/ vehicle operation when provided.)
I agree to and do hereby waive and relinquish both for myself and for my participant child or ward, whether a minor or adult, any and all claims, actions and causes of action which I may have, arising, directly or indirectly as a result of participating in these programs, against Opportunity Knocks and any and all other participating or cooperating governmental units, and all other persons and entities of whatever nature, including but not limited to officers, directors, and employees of Opportunity Knocks who might be directly or indirectly liable for any property damage, physical injuries, damages, losses, or expenses, that I or my participant child/ward may sustain while participating in these programs. (The parties described in the preceding sentence are hereinafter referred to as the “Released Parties”.)
I do for myself and my participant child/ward hereby fully release and discharge Opportunity Knocks and the Released Parties from any and all claims for property damage, physical injuries, damages, losses and expenses which I or my participant child/ward may have or which may arise, directly or indirectly, from my participation in these programs or from the participation of my child/ward in these programs.
I further agree to indemnify, hold harmless and defend Opportunity Knocks and any and all other Released Parties from any and all claims, action and causes of action, losses, damages, costs and expenses, including but not limited to reasonable attorneys fees resulting or arising from property damage or physical injuries, damages, losses and expenses sustained by anyone, and which arise out of or are connected with or in any way associated with my participation or conduct or my child/ward’s participation or conduct in the activities of any of the programs of Opportunity Knocks.
I understand that precautions are taken to protect the safety of each participant. In the event of an emergency, I authorize Opportunity Knocks’ employees to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for me or my child/ward’s immediate care. I further understand that payment for medical attention and/or hospitalization will be the sole responsibility of the individual in question and/or their parent or guardian.
Revocation. All of the foregoing shall remain in full force and effect and shall be binding upon the parties hereto and their respective successors and assigns until revoked in writing signed by all the parties, who have signed this document and until delivered to Opportunity Knocks. Any such revocation shall not have any retroactive application or effect.
I understand the nature of these programs for which I am or may hereafter be registering, and have read and fully understand this Waiver, Consent, Release, Indemnity and Hold Harmless Agreement; and represent to Opportunity Knocks that I have full, legal power and authority to execute and deliver this document on behalf of myself and my child/ward.