PARTICIPANT WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT
The undersigned person, being the Participant or the parent or legal guardian of the Participant, does on behalf of himself / herself, the Participant and his or her heirs, executors, administrators, successors and assigns, to the fullest extent permitted by law, agrees to release, remise, quit claim and forever discharge, defend, indemnify and save harmless the Amity Township, Berks County, Pennsylvania (the “Township”), the Supervisors, Directors, Officers, agents, volunteers and employees (collectively, the “Indemnified Parties”), from and against, but not limited to, any suit, claim, cost, expense, damage, loss, or liability of any kind or nature whatsoever, including attorneys’ fees, foreseen or unforeseen, known or unknown, patent or latent, which the Participant or the parent or legal guardian of the Participant, may now have or may hereafter have against the Indemnified Parties, caused by, arising out of, resulting from, or occurring in connection with, but not limited to, participating in, any Township authorized or related activity, whether or not caused in whole or in part by the active or passive negligence or other fault of the Township or any other Indemnified Parties hereunder.
The undersigned acknowledges that execution of this Waiver, Release and Hold Harmless Agreement is a condition of, and in consideration for, Participant’s participation in Township Summer Playground Program. The undersigned acknowledges that the Township makes no warranty (express or implied), nor guarantee about the safety of the activity or the safety of the Participant. The undersigned expressly acknowledges, understands, and agrees that participation in the Township authorized or related activity may result in damage to personal property and/or injury or death to the Participant.
The undersigned further represents that they have adequate insurance in place to cover the costs of any injury or damage to person or property sustained by Participant or any other person or entity while participating in any Township authorized or related activity, and that they understand that the Township has relied upon this representation as a condition to, and in consideration for, participation in any Township activity.
It is the express intention of the undersigned to hereby release the Township and the other Indemnified Parties of any and all liability, responsibility and / or obligation for any and all injuries, damages, losses and /or death, to the Participant resulting from any accident, incident, or other occurrence against the Township or any other Indemnified Parties. Furthermore, the undersigned acknowledges and understands the significance and consequence of such specific intention to release all claims, and hereby assumes all responsibility for all injuries, damages, losses, or death that may occur as a result of the Participant’s participation in any Township authorized or related activity.