5. Release of liability for ordinary negligence & indemnification
The “Released Parties” are the San Francisco Fog Rugby Football Club, and the officers, directors, administrators, coaches, employees, staff, volunteers, agents, members, players and other Program participants, each with respect to their involvement in the Program, as well as the Club’s fiscal sponsor, Dancers’ Group, and its officers, directors, administrators, employees, staff, volunteers, agents, and members, and the owners, lessors, licensors, and operators of any facilities, fields, or premises where Program activities take place.
TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE AND AGREE NOT TO SUE THE RELEASED PARTIES for claims arising from my participation in the Program for personal injury, illness, disability, death, property damage or related loss, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, including negligent coaching, supervision, instruction, participation, equipment use or emergency response.
Indemnity. To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from third-party claims, and related costs and reasonable attorneys' fees, to the extent caused by my own negligence, willful misconduct or breach of this waiver during the Program. This indemnity does not apply to claims arising from the gross negligence, recklessness or willful misconduct of the party seeking indemnity, or to claims I bring myself, which are governed by the release above. This indemnity does not impose a duty to defend or advance defense costs. Any obligation to reimburse reasonable defense costs is limited to the extent those costs are attributable to my negligence, willful misconduct or breach of this waiver.
Exclusions. This agreement does not release gross negligence, recklessness, willful misconduct, fraud or any liability that cannot lawfully be waived. These exclusions apply to every provision of this waiver, including assumption of risk, expense responsibility and indemnification. Nothing here prevents an insurance claim for benefits available under an applicable policy.