RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
Aces & Academics of New Haven, Inc., a Connecticut non-profit corporation (herein collectively referred to as “AAYTP”, provides program(s) (“Activities”) including but not limited to tennis, fitness, academic enrichments and other strengthening exercises, etc.
In consideration for being permitted to utilize the facilities, services, and programs of the AAYTP for any purpose, including but not limited to observation or use of facilities or equipment, or participation in any program affiliated with the AAYTP, without respect to location, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into the AAYTP for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all
facilities and equipment thereon and such affiliated programs have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use, or participation and such children.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE AAYTP FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY PROGRAM AFFILIATED WITH THE AAYTP, WITHOUT RESPECT TO LOCATION, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
1.THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the AAYTP, its directors, officers, employees, and agents (hereinafter referred to as “releases”) from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releases or other wise while the undersigned is in, upon, or about the premises or any facilities or equipment therein, or participating in any program affiliated with the AAYTP, without respect to location.
2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned’s child or children in, upon, or about the AAYTP premises or in any way observing or using any facilities or equipment of the AAYTP or participating in any program affiliated with the AAYTP whether caused by the negligence of the releases or otherwise.
3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to any negligence of releases or otherwise while in, about, or upon the premises of the AAYTP and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the AAYTP.
THE UNDERSIGNED further expressly agrees that the forgoing RELEASE, WAIVER
AND INDEMNITY 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 held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITYAGREEMENT, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.