Emergency Liability Form for OToolin Around LLC (SBDC)  Logo
  • O'Toolin Around LLC Emergency & Liability Form

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  • By signing or providing online acknowledgment of this RELEASE OF LIABILITY, ASSUMING OF RISK, WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT (the "Agreement"), you HEREBY EXPRESSLY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

    Consent to Emergency Treatment: I hereby consent to emergency medical treatment, hospitalization or other medical treatment to be given to the Participant by a physician, qualified nurse, and/or hospital, in the event of injury or illness, and agree to be responsible for any and all costs, charges, expenses or fees associated therewith. I hereby waive any liability of O'Toolin Around LLC, its agents or employees arising out of such medical treatment.

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  • Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

    In consideration, the receipt and sufficient of which is hereby acknowledged and deemed sufficient, of participating in fitness, wellness, and recreational activities including, but not limited to, playing or participating in any sport, outdoor activity, camping or engineering classes, supervised activity and/or instruction, and/or other related individual or group activity (collectively the "Activities") provided by O'Toolin Around, LLC, or any of its agents, employees, volunteers, independent contractors, or representatives ("Instructor"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, on behalf of themselves, their heirs, successors, assigns, and all others related to them in any way whatsoever (collectively hereinafter "Participant" and/or "Participant's parent(s) or legal guardian(s)"), do hereby agree, to the fullest extent permitted by law, as follows:

    1.TO ASSUME, RECOGNIZE, AND ACKNOWLEDGE ALL RISKS of participating in the Activities and using any fitness facilities and equipment provided by Instructor (collectively, the "Equipment"), even those caused by the negligent acts or conduct of Instructor, its owners, affiliates, operators, employees, agents, volunteers, representatives and/or officers. WARNING - The Participant and his/her parent(s) or legal guardian(s) understand that there are

  • inherent and substantial hazards, dangers, and risks of participating in the Activities and using the Equipment, including, but are not necessarily limited to, injury to the musculoskeletal and/or cardiorespiratory systems, which may be both foreseen and unforeseen and which can result in serious physical or emotional injury, paralysis, illness, and death and/or damage to property;

    The Participant further acknowledges and understands that they will be held liable and responsible for any and all damage to persons, property and/or improvements to property that is caused by the Participant and/or any persons (including, but not limited to, employees, invitees, licensees, agents, guests, and minors) under their care and control, and that arise out of, or are related to, the Participant's participation in the Activities.

    2. TO RELEASE, ACQUIT, WAIVE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE, Instructor, and any independent contractors hired, retained or employed as part of the Activities, or any of their respective present and former partners, officers, directors, members, subsidiaries, affiliates, parent companies, shareholders, managers, insurers, related entities, employees, attorneys, staff, agents, successor and assigns, and any other person, firm or corporation bound to defend or pay judgments against them (the "Released Parties") from any and all CLAIMS, as defined more fully below, AGAINST THE RELEASED PARTIES that arise from or relate to their use of the Equipment and participation in the Activities including, but not limited to, all Claims enumerated below, AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW, and FURTHER AGREE NOT TO SUE any of the Released Parties for such Claims. Without limiting the foregoing, the Participant agrees that the Released Parties shall not be liable to them, their family, heirs, administrators, personal representatives, employees, subcontractors, or their guests, for personal injury, property damage, or any other Claims arising from or related to the Participant's participation in the Activities.

    For purposes of this Agreement, "Claims" shall mean any past, present and future claims, losses, costs, expenses, liabilities, demands, actions, and/or causes of action, and costs of defense or settlement (including, without limitation, attorneys' fees and court costs The releases, waivers and indemnities contained in this Agreement expressly shall apply regardless of whether the Claims to be released, waived or indemnified against arise, or are alleged to arise, from: (i) NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, MALICE, NEGLIGENCE PER SE, and/or STRICT LIABILITY, of the Released Parties, and I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE USE OF THE EQUIPMENT AND PARTICIPATION IN THE ACTIVITIES (ii) personal injury, death or property damage, (iii) acts under the Colorado Consumer Protection Act, or other state laws or administrative orders, (iv) acts of any other persons or guests, (v) theft, burglary, assault, or other crimes, (vi) fire, water, wind, rain and/or smoke and/or similar activity, (vii) sudden and/or unforeseen malfunctioning of any Equipment, (viii) breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care, and/or (ix) any other risks and hazards associated with the Participant's use of the Equipment, and participation in the Activities.

    and

    3.TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties OF AND FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, CAUSES OF ACTION, DAMAGE, LAWSUITS, JUDGMENTS, INCLUDING ATTORNEYS' FEES AND COSTS, ASSERTED BY ANY PERSON OR ENTITY, AS ARISING FROM THE RELEASED PARTIES' CONDUCT OR LIABILITY, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, VIOLATIONS OF THE COLORADO CONSUMER PROTECTION ACT, PREMISES LIABILITY, PRODUCT LIABILITY, WILLFUL AND MALICIOUS CONDUCT, IF ANY, REGARDLESS OF WHETHER SUCH CONDUCT WAS THE SOLE, PROXIMATE OR PRODUCING CAUSE OF THE CLAIMS OR PROXIMATE OR PRODUCING CAUSE JOINTLY AND CONCURRENTLY WITH THE CONDUCT, IF ANY, OF THE PARTICIPANT, OR ANY OTHER PERSON OR ENTITY, arising directly or indirectly from, or related to, the Participant's use of the Equipment, and/or participation in the Activities. As used herein, "INDEMNIFY" means to agree to assume the Released Parties' liability in a situation, thereby relieving them of responsibility, and/or reimbursing the Released Party for Claims asserted against them.

  • To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Released Parties and their counsel in any proceeding. The Participant understands that this Agreement shall be binding on their heirs, executors, successors and assigns, that the Agreement will be governed by the laws of Colorado, and that jurisdiction and venue for resolution of any dispute regarding this Agreement shall lie in state court in the County of El Paso, Colorado.

    As further inducement to the Released Parties to permit the Participant's participation in the Activities, the Participant represents that they thoroughly and completely understand that this is a complete and final release and indemnity agreement, that they are freely and voluntarily entering into this Agreement, and that no representations, promises or statements made by any Released Party, or any agent, attorney or other representative of any Released Party has influenced the Participant in causing them to sign this Agreement.

    Personal Responsibility

    The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. Participant and his/her parent(s) or legal guardian(s) are responsible for notifying Instructor of any changes to Participant's health, which could affect Participant's ability to use the Equipment, and/or participate in the Activities.

    The Participant and his/her parent(s) or legal guardian(s) understand that Participant's use of the Equipment and participation in the Activities is ENTIRELY VOLUNTARY, AT THE SOLE DISCRETION AND JUDGMENT OF THE PARTICIPANT, AND AT HIS OR HER OWN RISK, and further understand that they have the opportunity to inspect any equipment used and facilities before any participation.

    The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. Further, the Participant and his/her parent(s) or legal guardian(s) understand, and agree, that Instructor shall have the right to remove Participant from any Activities, or use of Equipment, for any reason whatsoever, or for no reason at all.

    If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the RELEASED PARTIES.

    | HAVE CAREFULLY READ THIS IMPORTANT DOCUMENT AND FULLY UNDERSTAND ITS CONTENTS. I agree that this is a Release of Liability, Assumption of Risk, Waiver of Claims, and Indemnification Agreement, which will legally prevent me, or any other person, from filing suit or making any other claims for damages in the event of personal injury, death or property damage of any kind or any nature. I have full and complete authority to enter into this Agreement, and do it freely, voluntarily and without reservation. I have made no misrepresentations to the Released Parties regarding my name, age or any other information.

    The undersigned agrees to the terms and conditions above (and/or below) and acknowledges receipt of this Agreement.

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