WAIVER AGREEMENT - TO BE SIGNED BY THE PARENT/GUARDIAN, NOT THE MINOR VOLUNTEER
I give permission for my child, (the child and the adult signing below are collectively referred to as “Participant”) to participate in the event described below (“Event”) held on the property (“Property”) owned by Graceway, or others (hereafter collectively referred to “Owner”) and sponsored by the organizations listed below, if any (“Sponsors”). For purposes of this Agreement, Property shall include the Owner’s premises, all locations traveled to and for any purpose relating to the Event, including foreign states and countries, and all travel required to participate in the Event. I understand that participation in Events held on the Property may involve a risk of personal injury to my child. I understand that there is an inherent risk of injury in all sporting or athletic activities. I understand that participation in such events or activities involves the possible exposure to and illness from infection and/or communicable diseases including, but not limited to, COVID-19, MRSA, influenza, and other infectious or communicable diseases. While adherence to particular rules and requirements may reduce the risk of possible exposure, the risk of serious illness and death remains. In consideration of being allowed to participate in the activities conducted by the Owner or Sponsors on the Property and based on my desire that my child participate, I assume all responsibility for and all risk of damage to my child’s person or property and agree that the Owner, its Agents, Sponsors, and Employees owe my child no duty of protection from harm. I certify that I am not relying to any extent on any instructions, assurances of safety, or warnings from the Owner, its Agents, Sponsors, or Employees. I hereby release the Owner, its Agents, Sponsors and Employees from all liability for any and every claim, demand, cause of action, whether in law or equity, present or future, whether known or unknown, whether anticipated or not, arising from or by reason of any bodily injury or personal injury, death, or damage to property resulting from, arising out of, or incident to my child’s participation in the Event, including transportation to or from the Event or from one location to another during the Event provided by Owner, its Agents, Sponsors, or Employees whether by negligence or otherwise.
OWNER SHALL NOT BE LIABLE TO PARTICIPANT, OR PARTICIPANT’S PARENTS OR FAMILY, OR OTHERS FOR INJURY TO OR DEATH OF ANY PERSON, NOR FOR LOSS OR DAMAGE TO PROPERTY (INCLUDING THE PROPERTY OF PARTICIPANT) OCCURING ON OR ABOUT THE PROPERTY FROM ANY CAUSE WHATSOEVER EVEN IF THE DAMAGES OR INJURIES ARE ALLEGED TO BE THE FAULT OF OR CAUSED BY THE NEGLIGENCE OR CARELESSNESS OR FAULT OF OWNER, ITS AGENTS, SPONSORS OR EMPLOYEES. PARTICIPANT AGREES TO INDEMNIFY AND SAVE OWNER HARMLESS FROM ALL LOSS, DAMAGE, LIABILITY AND EXPENSE, INCLUDING THE EXPENSE OF DEFENDING THE CLAIMS RELATING TO ANY ACTUAL OR ALLEGED PERSONAL INJURY, LOSS, OR DAMAGE TO PROPERTY, CAUSED BY, OR RESULTING FROM ANY OCCURRENCE ON OR ABOUT THE PROPERTY. THIS RELEASE SPECIFICALLY INCLUDES THE FUTURE NEGLIGENCE, IF ANY, OF OWNER, ITS AGENTS, SPONSORS OR EMPLOYEES.
REGARDLESS OF THE LOCATION OF ANY ACCIDENT OR INJURY GIVING RISE TO A DISPUTE, THIS AGREEMENT WILL BE GOVERNED BY AND WILL BE CONSTRUED, INTERPRETED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAW. I AGREE THAT IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE UNENFORCEABLE, ALL OTHER PARTS SHALL BE GIVEN FULL FORCE AND EFFECT. ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE DETERMINED SOLELY BY A STATE OR FEDERAL TRIAL COURT JUDGE LOCATED IN JACKSON COUNTY, MISSOURI. THE PARTICIPANT HEREBY CONSENTS TO THE JURISDICTION OF SUCH COURTS AND WAIVES THE RIGHT TO A JURY TRIAL.
I certify that: I am the parent or legal guardian of the child/children identified below, I have read this Agreement and understand its terms, I am relying wholly upon my own judgment about the risk of harm, injury or death to the child/children listed below, I am not signing this Agreement based on any oral representations, statements or inducements that have been made to me that are not stated in this Agreement, and I am voluntarily signing this Agreement as my own free act fully intending for me and the child/children listed below to be legally bound by it.