ATK Kids and Community Together
Release and Waiver of Liability and Indemnity Agreement
(Read Carefully Before Signing) In consideration of being permitted to participate in any way in the ATK Kids and Community Togethers organizations program indicated and/or being permitted the parent(s) and/or legal guardian(s) of the minor participant named below agree:
The parent(s) and/or legal guardian(s), he or she can be permitted to inspect the facilities and equipment to be used and if he or she believes anything is unsafe, the participant should immediately advise someone in charge of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE; I/my child/ren will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
1. I/We fully understand and acknowledge that:
a. There are risks and dangers associated with participation in exercise and any Activities which could result in bodily injury partially and/or totally disability, paralysis and death.
b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
c. These risks and dangers may be cause by the action, inaction or negligence of the participant or the action, inaction, or negligence, of others, including, but not limited to, the Released names below.
d. There may be other risks not known to us or are not reasonably foreseeable at this time.
2. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Released names below.
3. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ATK Kids and Community Together, including its committee members, employees and any administrators, including but not limited to board members, those associated with the ATK Kids and Community Together, managers, promotors, leases of premises used to conduct the events of ATK Kids and Community Together, or program, premises and event locations, inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding any facility or event held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as "Releasee" From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs, and next to kin for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the event(s) caused alleged to be caused on whole or in part by the negligence of the Releasee or otherwise.
4. I /We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) COULD BE DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of the undersigned also expressly acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENCE RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
5.EACH OF THE UNDERSIGNED further expressly agrees that the forgoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the province or state in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
On behalf of the participant and individual, the undersigned partners(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes a claim against any of the Releasees, the parents(s) and/or legal guardians(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.
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 by signing it, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my ELECTRONIC signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
ATK Kids and Community Together 1011 E BENDER BLVD. Hobbs, N.M. 88240