MAGNUSON MANAGEMENT LLC
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of being permitted to participate in any way in Magnuson Management LLC sports activities, I, for myself, my spouse, my heirs, personal representatives or assigns, do hereby release, waive, discharge and covenant not to sue Magnuson Management LLC, its officers, employees and agents from liability from any and all claims, resulting in personal injury, accidents or illness (including death), and property loss arising from, incident to my participation (or incident to my child’s participation, in the case of a minor) in the Magnuson Management LLC sports activities.
Assumption of Risks: Participation in the Magnuson Management LLC sports activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries or illness. Additionally, the risk of illness, hospitalization, permanent adverse health outcomes and even death from communicable diseases remains significant and cannot be eliminated despite rules, practices and protocols instituted to mitigate the risk. The specific risks vary but range from 1) minor injuries such as scratches, bruises and sprains to 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussion, to 3) catastrophic injuries including paralysis and death to 4) serious illness, contagion and death.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in Magnuson Management LLC sports activities. I hereby assert that my participation (or my child’s participation in the case of a minor) is voluntary and that I knowingly assume all such risks, including risks that arise from the negligent failure to abide by mitigating protocols and best practices.
Indemnification: I also agree to INDEMNIFY AND HOLD Magnuson Management LLC, its officers, employees and agents HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement (or my child’s involvement in the case of a minor) in Magnuson Management LLC sports activities and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is found invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability, including liability based on an assertion of alleged negligence or gross negligence, to the greatest extent allowed by law.
Release Authorization for Emergency Treatment. In the case of an emergency and I am unresponsive or deemed unable to give reasoned consent, I authorize the staff of Magnuson Management LLC to obtain whatever medical treatment he/she deems necessary for my welfare. In the case of a minor, in the case of an emergency and I cannot be reached, I authorize the staff of Magnuson Management LLC to obtain whatever medical treatment he/she deems necessary for the welfare of my child listed on this application. I further understand that I will be financially responsible for all charges and fees incurred in the rendering of said emergency treatment, regardless of whether or not my medical insurance would cover such charges and fees.