I understand that this document affects my legal rights and that by signing below I acknowledge that I have read and understood the disclosure of risks, voluntarily accept those risks, and agree to be bound by all terms and conditions of this agreement.
1. General Release and Waiver of Liability: In consideration of the services provided by CMCT Operational Development Solutions, LLC.and of the permission granted by CMCT Operational Development Solutions, LLC. and to use CMCT Operational Development Solutions, LLC.’s property, leased properties or facilities, and services and to participate in the Activities, I, for myself and on behalf of my spouse, children, wards, heirs, assigns, personal representatives and next of kin (the “Releasing Parties”), voluntarily release and forever discharge and agree not to sue CMCT Operational Development Solutions, LLC. and its agents, members, managers, owners, officers, directors, principals, volunteers, participants, insurers, facility operators, lessors, successors, assigns, equipment suppliers and manufacturers, instructors, intellectual property holders, and any and all other persons or entities acting in any capacity on CMCT Operational Development Solutions, LLC.’s behalf (hereinafter collectively referred to as the “Protected Parties”) from liability for any claims connected with or arising from my participation in the Activities or use of the CMCT Operational Development Solutions, LLC.’s facilities and training, including, to the extent allowed by law, any such claims which allege negligent acts or omissions of any of the Protected Parties. I understand that this release of liability will prevent any of the Releasing Parties from bringing any lawsuit or making any claim for personal injury, damages or death connected with participating in the Activities or while participating in any training with CMCT Operational Development Solutions, LLC.
2. Acknowledgement of Risks: I understand that my participation in the Activities involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, or to third parties. Such risks (the “Risks”) include: · the negligent acts or omissions of the Protected Parties, or their agents or employees; · defects in CMCT Operational Development Solutions, LLC.’s facilities or equipment · improper or inadequate instruction or supervision regarding the Activities or use of the CMCT Operational Development Solutions, LLC.’s facilities; · the behavior of other participants in the Activities; · accidents or incidents in the CMCT Operational Development Solutions, LLC.’s facilities; and · first aid, emergency treatment or services rendered or failed to be rendered by the Protected Parties or their agents or employees. Possible injuries include, but are not limited to, bruises, sprains, scrapes, contusions, lacerations, broken bones, eye injuries, torn ligaments, joint injuries, internal injuries, brain injuries and concussions, permanent disabilities, gunshot wound, hypothermia, dehydration, paralysis, heart attack or death. I understand and acknowledge that the above lists are not complete or exhaustive, and that other known or unanticipated risks may also result in injury, death, illness or damage to me or to our property.
3. Assumption of Risks: After being fully informed of the above risks, I, on my own behalf and, to the fullest extent allowed by law, on behalf of all Releasing Parties, expressly agree and promise to accept and assume all known and unanticipated risks associated with participation in the Activities and use of the CMCT Operational Development Solutions, LLC.’s facilities, including the Risks listed above, and I voluntarily elect to participate in the Activities and use the CMCT Operational Development Solutions, LLC.’s facilities. I agree that there are certain risks inherent in the Activities that cannot be avoided or eliminated, and that by signing this form I am giving up my right to recover from the Protected Parties in a lawsuit or other proceedings or any damages, including personal injury or death to me, that results from such risks. I understand that I have the right to refuse to sign this form, and that CMCT Operational Development Solutions, LLC. has the right to refuse to let me participate if I do not sign this form.
4. Indemnification Agreement: (a) I hereby agree to hold harmless, indemnify and defend the Protected Parties from and against any and all claims, losses, actions, proceedings, costs, expenses, damages, settlement amounts and liabilities (including claims brought by any of the Releasing Parties) and any and all costs and expenses in connection therewith, including attorneys’ fees and costs of investigation (collectively the “Claims”), arising out of or connected with my participation in the Activities or use of the CMCT Operational Development Solutions, LLC.’s facilities, regardless of whether the Claims are the result of the negligent acts or omissions of myself, the Protected Parties, or third parties, including other participants in the Activities. Such indemnity obligation shall include, but not be limited to, any claim, action or proceeding that alleges that I negligently or intentionally caused any injury, death or damage to other participants in the Activities or other third parties at CMCT Operational Development Solutions, LLC. (b) In the event of any claim, action or proceeding is brought against the CMCT Operational Development Solutions, LLC. or its agents, members, managers, owners, officers, directors or principals that falls within the scope of Section 4(a), I agree to pay $50,000 to CMCT Operational Development Solutions, LLC. as an advance deposit to be used for payment of costs and expenses incurred by settlement amounts and damages, with such amount to be paid to CMCT Operational Development Solutions, LLC. within fifteen (15) days of receiving written notice from the CMCT Operational Development Solutions, LLC. of such claim, action or proceeding. If during the pendency of the claim, action or proceeding the advance deposit is drawn upon and falls below $15,000, upon receiving notice from CMCT Operational Development Solutions, LLC., I agree to replenish the deposit amount to $50,000 within fifteen (15) days of receiving such notice. I understand that at the conclusion of the claim, action or proceeding, including the resolution of any appeals, CMCT Operational Development Solutions, LLC. will refund to me any remaining portion of such deposit not used to reimburse the CMCT Operational Development Solutions, LLC. for costs and expenses incurred in connection with such claim, action or proceeding. CMCTODS by accepting such deposit does not waive its rights under this agreement to collect any additional amounts owed pursuant to this agreement.
5. Release of Rights to Audio, Video and Photographic Images: I hereby grant CMCT Operational Development Solutions, LLC. on behalf of myself the irrevocable right and permission to photograph and/or record me in connection with the Activities and CMCT Operational Development Solutions, LLC. and to use the resulting photographic images, audio or video for all purposes, including advertising and promotional purposes, in any matter and in any media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration, and without any reimbursement of any kind due to me. On my behalf, I waive any right to inspect or approve the use of any such photographic image, audio or video. I agree that CMCT Operational Development Solutions, LLC. will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the photographic images, audio and video and the results and proceeds of my participation hereunder.
6. Certifications: In order to assist CMCT Operational Development Solutions, LLC. in effectively providing for my safety, I certify that: · I have no knowledge of any health problems that would cause participation in the Activities to negatively impact my health · I possess a sufficient level of physical fitness and skill to safely participate in the Activities, and I do not have any known pre-existing physical or medical conditions that might be impacted or worsened by participation in CMCTODS courses and training, including pregnancy, orthopedic problems, heart problems, or breathing problems · I will not participate in any training with CMCT Operational Development Solutions, LLC. while any of us are under the use of any drugs. alcohol or medications that may impair our physical activities or judgment · I agree to follow all safety rules of CMCT Operational Development Solutions, LLC. and to alert CMCT Operational Development Solutions, LLC. staff to any rules violations or dangerous behavior of other participants · I understand that my failure or refusal to abide by the safety rules of CMCT Operational Development Solutions, LLC. or by instructions and directions CMCT Operational Development Solutions, LLC. staff can lead to the immediate course dismissal, without any right to refund of any payments made · I will notify CMCT Operational Development Solutions, LLC. staff before I have been diagnosed with behavior disorders or are taking any behavior modification medications · I will inform CMCT Operational Development Solutions, LLC. staff immediately if I feel any unusual discomfort while participating in the Activities and will immediately stop participation in the Activities · I am aware that CMCT Operational Development Solutions, LLC. staff may need to end my participation in the Activities if my actions present a danger to myself or others · I authorize CMCT Operational Development Solutions, LLC. staff to administer emergency first aid and CPR to myself when deemed necessary by CMCT Operational Development Solutions, LLC. staff · I authorize CMCT Operational Development Solutions, LLC. staff to secure emergency medical care or transportation if deemed necessary by CMCT Operational Development Solutions, LLC. staff, and I agree to assume all costs of emergency medical care of transportation. · I acknowledge that CMCT Operational Development Solutions, LLC. encourages each participant to obtain medical clearance prior to participating in the Activities · I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activities, or if not, I agree to bear the costs of such injury or damage to myself and others
7. Term of Agreement: I understand that this agreement shall continue in effect and will be in full force and legal effect each and every time I participate in training with CMCT Operational Development Solutions, LLC. whether at the current location or any other location or facility. I agree that CMCT Operational Development Solutions, LLC. may require me to sign a new agreement at any time as a requirement for my participation in the Activities.
8. Attorney’s Fees: I promise to indemnify CMCT Operational Development Solutions, LLC. for any attorney’s fees and costs incurred by CMCT Operational Development Solutions, LLC. to enforce this agreement including costs associated with any collection efforts. If CMCT Operational Development Solutions, LLC. obtains a judgment against my pursuant to this agreement, prejudgment and post-judgment interest shall accrue thereon at the maximum amount allowed by applicable law.
9. Governing Law; Venue; Dispute Resolution: This agreement shall be governed by and interpreted in accordance with the laws of the state in which CMCT Operational Development Solutions, LLC. is located (“Maryland”) without regard to the conflict of law rules Maryland or the state of West Virginia. I agree and acknowledge that any claim or dispute arising or related to this agreement or the relationship of the parties in any respect thereto shall first be submitted to mediation, and that engaging in such mediation is a condition precedent to bringing any claim against CMCT Operational Development Solutions, LLC. arising from or related to this agreement. Such mediation may be initiated by either party by providing a written demand for mediation to the other party and shall be conducted within Maryland in accordance with the then current Commercial Mediation Procedures of the American Arbitration Association (“AAA”). If settlement is not reached within sixty (60) days after delivery of a written demand for mediation, such claim or dispute shall be submitted to and be settled by final and binding arbitration in Maryland in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If arbitration is not available, or in the event of litigation to enforce arbitration or settlement between the parties to this agreement, I agree that sole jurisdiction and venue shall be in the state and federal courts located in Maryland, and I waive any defense of jurisdiction and/or venue that may now or hereafter exist.
10. Entire Agreement; Severability: I understand that this is the entire agreement between the undersigned and CMCT Operational Development Solutions, LLC., and that it cannot be modified or changed in any way by the representations or statements of the Club or its employees or agents or by the undersigned. This agreement supersedes any and all previous oral or written promises or agreements. I understand and agree that this agreement is intended to be as broad and inclusive as permitted by the laws of Maryland and that if any portion thereof is held invalid, it is agreed that the remainder of the agreement will remain in effect and will continue in full legal force and effect.
11. Effect of Agreement: I have read the above and fully understand the terms of this agreement and I have either consulted an attorney regarding the agreement or have elected not to do so. I am aware that by signing this agreement, I am giving up rights that I may have to be bring a legal action or assert a claim against the Protected Parties on the basis of their negligent acts or omissions. I understand that by signing this agreement I may be found by a court of law to have forever waived my rights and the rights of the Releasing Parties to maintain any action against the Protected Parties on the basis of any claim from which I have released the Protected Parties. I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me. I have had reasonable and sufficient opportunity to read and understand this entire agreement. I unconditionally agree to the full terms, statements, warranties, notices, representations, waivers and releases contained in this agreement on behalf of myself, the Releasing Parties and the Minors listed below. I acknowledge that the CMCT Operational Development Solutions, LLC. staff may require me to present picture I.D. to verify my identity.
By signing below, I agree to fully adhere to the terms and conditions outlined above in articles 1 through11;