General Waiver, Agreement Not to Sue, Release of Liability, and Indemnification (“Waiver”) Regarding Access to and Use of Arc Studio
The undersigned (referred to as “I” or “me”) and the Participant (as identified below) wish to use the facilities of The Arc of Essex County, Inc. (the “Arc”) known as Studio Arc located at 264 Passaic, Ave, Fairfield, New Jersey (the “Facilities”). I acknowledge that this Waiver will be used and relied upon by the Arc and its officers, trustees, directors, representatives, employees, agents, and volunteers (including Arc supervisor, drivers, and respite providers) (collectively, the “Released Parties”) and that this Waiver will govern my actions and responsibilities.
In consideration of allowing the Participant and me to utilize the Facilities, I hereby further agree to the following for myself, the Participant, and any others that I bring to the Facilities, and for my executors, administrators, heirs, next of kin, successors, and assigns:
1. I understand and accept the risks involved in utilizing the Facilities. I assume full responsibility for myself, the Participant, and any others that I bring into the Facilities.
2. I hereby waive all claims for damages against the Released Parties, including claims for loss for the loss of, or damage to personal property which may be related to my or the Participant’s participation in any Arc Studio services at the Facilities (the “Services”). I further agree to be personally liable and responsible for the Participant for any damages I or the Participant may cause, in whole or in party, to any person’s property and any injuries to any person while participating in the Services. Further, I agree to indemnify and hold harmless the Arc for any damage or injury to any person or property caused by me or by the Participant.
3. I understand and accept the risks involved in utilizing the Facilities. I assume full responsibility for myself and for and any others that I bring into the Facilities.
4. I waive, release, discharge and agree to be responsible for and to indemnify the Arc and the other Released Parties from any and all liability for my death, disability personal injury, property damage or actions of any kind which may hereafter accrue to me as the result of my or the Participant’s use of the Facilities and I agree not to bring or maintain any lawsuit against the Released Parties resulting from the my or the Participant’s use of the Facilities and to indemnify the Released Parties for the costs of any such claim made by me, by the Participant, or on my or the Participant’s behalf, including legal costs and expenses which may be incurred by the Released Parties arising from such claim.
This Waiver shall be construed broadly to provide a waiver, release, and indemnification to the maximum extent permissible under the applicable laws.