in favor of Hidden Valley Lake Property Owners Association, Inc., an Indiana nonprofit corporation ["the Association"], the Association's Board of Directors, as well as together with all of their respective directors, officers, employees and agents, all owners and occupants of homes within the Hidden Valley Lake community, and the respective heirs, legatees, personal representatives, assigns and successors of any and all of the above (collectively and separately "Released Parties").
Whereas, I, the Participant, desire to take part in the Dog Day Out being held on May 9, 2026 described herein (the “Activity”), and engage in the or activities as a participant in which the following activities shall include but not be limited to participating in the Dog Day Out event with unleashed dogs on the Hidden Valley Lake Beach.
NOW, THEREFORE, I, the Participant, hereby freely and voluntarily, without duress, execute this Release under the following terms:
1. Waiver and Release. I release and forever discharge and hold the Released Parties harmless from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from participation in the Activity, whether they be onsite or offsite of the Association. I understand and acknowledge that this Release discharges the Released Parties from any liability or claim that I may have against one or more of the Released Parties with respect to bodily injury, personal injury, illness, death, or property damage that may result from the participation in the Activity whether said activities occur onsite or offsite.
2. No Insurance and No Benefits. I understand that the Released Parties may not carry or maintain, and expressly disclaim responsibility for providing, any health, medical, or disability insurance, in the event of injury, illness, death or property damage which arise or may hereafter arise from participation in the Activity. I also understand that the Association will not provide to me as a participant any benefits traditionally associated with employment; and that I am responsible for my own insurance coverage in the event of personal injury or illness as a result of my participation in the events and activities described herein.
3. Medical Treatment. I release and forever discharge the Released Parties from any liability, claims, and demands whatsoever which arise or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during participation in the event or activity. Further, I understand that the Released Parties do not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health or disability benefits or insurance of any nature in the event of my injury, illness, death or damage to my property. I expressly waive any such claim for compensation or liability on the part of the Released Parties beyond what may be offered freely by one or more of the Released Parties in the event of such injury or medical expenses incurred by me.
4. Assumption of the Risk. I understand that participation in the Activity may include activities that may be hazardous to me or involving inherently dangerous activities, including, but not limited to, being around a large number of excited and unrestrained dogs who are unfamiliar with a large number of people at the Activity. I voluntarily assume and incur the risk of injury, illness, death, dismemberment, and/or property damage arising from any and all such activities.
5. Indemnify. I agree that I will indemnify and defend the Released Parties in any claim brought by another party against the Released Parties for any action arising out of my negligence, acts, or failure to act, while participating in the activities and events.
6. Photographic Release. I grant and convey to the Association all rights, title, and interests in any and all photographs, images, video, or audio recordings of me or my likeness or voice made by the Association in connection with my participation in the Activity.
7. Other. As a participant, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Indiana and I expressly agree that this Release shall be governed by and interpreted in accordance with the laws of the State of Indiana. I agree that if any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision of this Release shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable.
By signing below, I express my understanding and intent to enter into this Release and Waiver of Liability willingly and voluntarily.