A. I do hereby release, waive, discharge, and covenant not to sue UnC.A.G.ED, LLC. and their respective board members, agents, advisors, directors, employees, affiliates, volunteers, and representatives (collectively, the “Releases”) from any and all claims including, not by way of limitation, any claims arising from negligence of Releasees or any of them resulting in personal injury, accidents, or illnesses (including death) and/or property loss arising from or relating in any way to participate in the Activity and/or travel before, during, or after the Activity.
B. I acknowledge that participation in the Activity, consumption of food items provided by the Activity, use of incentives and materials provided by the Activity, and travel to and from the Activity by car, bus, or Activity sponsored rideshare carry certain inherent risks, regardless of the care taken to avoid injury. I acknowledge that the above is not inclusive of all possible risks associated with the Activity and agree that the above in no way limits the extent or reach of this Waiver of Liability, Assumption of Risk Indemnity. I assert that the participation of my myself, my family, and my child is voluntary and of our own choosing, and I knowingly assume all such risks.
C. I agree to indemnify, hold harmless, and defend Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees, and to reimburse Releasees for any such expense incurred in connection with or as a result of (1)(a) my participation in the Activity or (b) travel associated with the Activity or (2) efforts arising in connection with or as a result of any attempt by anyone, including, but not by way of limitation, me or anyone claiming on my behalf, to avoid the terms of this Waiver of Liability, Assumption of Risk and Indemnity.
D. I understand that, in the case of a medical emergency, (if I am a minor) a reasonable effort will be made, if feasible, to contact the parent or guardian signing below and, in the event the parent or guardian signing below cannot be reached, permission is hereby given to the physician on site to do what is medically necessary, if and as needed.
I further expressly agree that (1) this document and/or any action or claim relating to this document and/or the Activity shall be governed by the laws of the State of Ohio without regard to the laws of conflict of law thereof; (2) any action or claim relating to this document and/or the Activity shall be initiated and maintained in municipal or state court in Franklin County, Ohio or in United States District Court for the Southern District of Ohio; and (3) the foregoing Waiver, Assumption of Risk and Indemnity is intended to be as broad and as inclusive as is permitted by the laws of the State of Ohio and that if any portion thereof is held invalid it is agreed that the balance shall, notwithstanding, continue in full force and effect.
I have read this Waiver of Liability, Assumption of Risk and Indemnity, fully understand its terms, and understand that I am giving up substantial rights – including my right to sue. I know, understand and appreciate these and other risks that are inherent in the Activity. I expressly agree and assert that participation in the Activity is voluntary and I knowingly assume all such risks and elect to proceed with the participation despite all the risks. I acknowledge that I am signing this Waiver of Liability, Assumption of Risk and Indemnity freely and voluntarily and intend, by my signature, the complete and unconditional release of all liability to the greatest extent allowed by law.
TO BE READ AND SIGNED BY PARENT/GUARDIAN OF MINOR CHILD :
I hereby represent that I am the parent or guardian of the minor whose name appears above. I have read and consent and agree to the terms and provisions set forth in this Waiver of Liability, Assumption of Risk and Indemnity on behalf of myself and said minor.