LIABILITY RELEASE FORM, ASSUMPTION OF RISK AND INDEMNITY IN CONNECTION WITH The Cove Off-Site Trip
READ THIS DOCUMENT CAREFULLY. BY SIGNING IT,
YOU ARE GIVING UP YOUR LEGAL RIGHTS
Activity Date(s): May 31, 2025
The undersigned is a member of the Windsong Ranch Community Association, Inc. ("WRCA") and desires to participate in the Cove Off-Site Trip, I agree to the following terms and conditions.
LIMITED ASSUMPTION OF RISK.
THE UNDERSIGNED AFFIRMS I AM AT LEAST 18 YEARS OF AGE OR THE LEGAL GUARDIAN OF THE PARTICIPANT. I HEREBY ACKNOWLEDGE THAT USE OF THE WRCA AMENITY FACILITES AND PARTICIPATION IN THE Cove Off-Site Trip INVOLVES ACTIVITIES THAT CAN RESULT IN INJURY TO ANY AND ALL USERS, INCLUDING BUT NOT LIMITED TO, DEATH OR INJURY (INCLUDING EMOTIONAL INJURY, DISTRESS, MENTAL ANGUISH, PAIN AND SUFFERING, LOSS OF CONSORTIUM). THE UNDERSIGNED UNDERSTANDS THESE RISKS AND HEREBY ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ANY INJURY, ILLNESS, DISEASE, ACCIDENT OR DAMAGE THAT MAY OCCUR WHILE PARTICIPATING IN THE Cove Off-Site Trip AND/OR USING THE AMENITY FACILITIES. THE UNDERSIGNED ACKNOWLEDGES THAT HE/SHE HAS NOT RELIED UPON THE REPRESENTATIONS OF THE ASSOCIATION OR THE ASSOCIATION’S MANAGING AGENT OR ITS EMPLOYEES WITH RESPECT TO USE OF THE AMENITY FACILITIES OR PARTICIPATION IN THE Cove Off-Site Trip, INCLDUING BUT NOT LIMITED TO ANY ALLEGED REPRESENTATIONS PERTAINING TO THE SAFETY OF THE Bus company AND OTHER AMENITY FACILITIES USED IN THE Cove Off-Site Trip.
LIMITED WAIVER AND RELEASE OF RIGHTS AGAINST ASSOCIATION AND OTHERS.
THE UNDERSIGNED, FOREVER RELEASES AND HOLDS HARMLESS THE ASSOCIATION AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, INSURERS, CONTRACTORS AND MANAGERS, INCLUDING CCMC, AND ANY AND ALL OTHER PERSONS AND ENTITIES ACTING ON BEHALF OF AND ASSOCIATED THEREWITH (the “RELEASED PARTIES”), OF AND FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, EXPENSES (INCLUDING ATTORNEY’S FEES), COSTS AND CAUSES OF ACTION, WHETHER ARISING FROM OR RELATED TO BREACH OF CONTRACT, TORT, STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY LOSS OR CLAIM OF LOSS FOR ANY BODILY INJURY, MENTAL ANGUISH, LOSS OF CONSORTIUM, SICKNESS, DISEASE, OR DEATH OF ANY PERSON OR DAMAGES TO ANY PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF PARTICIPATION IN THE Cove Off-Site Trip AND USE OF THE AMENITY FACILITIES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL, WANTON OR INTENTIONAL ACTS OR OMISSIONS OF THE RELEASED PARTIES, AND WITHOUT REGARD TO THE CAUSE OF SUCH NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL, WANTON OR INTENTIONAL ACTS OR OMISSIONS AND WHETHER SUCH NEGLIGENCE, GROSS
NEGLIGENCE, AND/OR WILLFUL, WANTON OR INTENTIONAL ACTS OR OMISSIONS WERE THE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE CAUSE, INCLUDING ATTORNEY’S FEES AND ALL COSTS ASSOCIATED WITH LITIGATION, OF ANY NATURE WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN.
INDEMNIFICATION OF ASSOCIATION AND OTHERS.
I, THE UNDERSIGNED (the “INDEMNIFYING PARTY”), SHALL SAVE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE ASSOCIATION AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, INSURERS, CONTRACTORS, AND MANAGERS, INCLUDING CCMC, AND ANY AND ALL OTHER PERSONS AND ENTITIES ACTING ON BEHALF OF AND ASSOCIATED THEREWITH (COLLECTIVELY THE “INDEMNIFIED PARTIES”) OF, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, EXPENSES (INCLUDING ATTORNEY’S FEES), COSTS AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO ANY LOSS OR CLAIM OF LOSS FOR ANY BODILY INJURY TO, SICKNESS, DISEASE, OR DEATH OF ANY PERSON OR DAMAGES TO ANY PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF THE UNDERSIGNED’S PARTICIPATION IN THE Cove Off-Site Trip AND USE OF THE AMENITY FACILITIES, WHETHER OR NOT CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL, WANTON OR INTENTIONAL ACTS OR OMISSIONS OF THE INDEMNIFIED PARTIES, AND WITHOUT REGARD TO THE CAUSE OF SUCH NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL, WANTON OR INTENTIONAL ACTS OR OMISSIONS AND WHETHER SUCH NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL, WANTON OR INTENTIONAL ACTS OR OMISSIONS WERE THE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE CAUSE, INCLUDING ATTORNEY’S FEES AND ALL COSTS ASSOCIATED WITH LITIGATION, OF ANY NATURE WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN.
The undersigned stipulates and agrees that the invalidation of any portion of this Liability Release Form shall not affect any other terms or provisions which shall remain in full force and effect.
READ CAREFULLY:
THE UNDERSIGNED HEREBY REPRESENTS AND WARRANTS THAT HE/SHE HAS READ THIS AGREEMENT CAREFULLY AND UNDERSTANDS THAT THE UNDERSIGNED IS RELEASING CLAIMS AND RIGHTS AND ASSUMING RISKS AND OBLIGATIONS. THE UNDERSIGNED WAS AFFORDED AN OPPORTUNITY TO CONSULT AN ATTORNEY.
ACKNOWLEDGMENT AND AGREEMENT
By my signature below, I hereby affirm that I am over eighteen years (18) years of age and that I have read and fully understand the terms and provisions of this Release.