Waiver and Release of Liability
THIS WAIVER AND RELEASE OF LIABILITY (the "Release") is entered into by and between [YOUR COMPANY NAME], a corporation organized and existing under the laws of California, having its principal office at [YOUR COMPANY ADDRESS] (hereinafter referred to as the "Company"), and the undersigned participant (hereinafter referred to as the "Participant"), effective as of September 11, 2055 (the "Effective Date").
1. Acknowledgment of Risks
The Participant acknowledges and understands that participation in activities, events, or programs organized, sponsored, or facilitated by the Company, whether they involve physical, athletic, recreational, or other types of activity (the “Activities”), carries inherent risks, including, but not limited to, physical injury, illness, emotional distress, property damage, or death. These risks may be caused by the actions or negligence of the Participant, the Company, or others, or by the condition of the premises or equipment used during the Activities.
2. Assumption of Risk
The Participant, by signing this Release, voluntarily assumes all known and unknown risks associated with participation in the Activities, whether or not such risks are foreseeable or arise from the negligence of the Company or others. The Participant further agrees to assume full responsibility for any injuries, losses, or damages incurred while participating in the Activities.
3. Release and Waiver of Liability
In consideration of the Participant's participation in the Activities, the Participant, on behalf of themselves, their heirs, executors, administrators, legal representatives, successors, and assigns, hereby releases, discharges, and holds harmless the Company, its officers, directors, employees, agents, and affiliates from any and all liability, claims, demands, actions, or causes of action of any kind arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant or any property belonging to the Participant, whether caused by the negligence of the Company or otherwise, while participating in the Activities.
4. Indemnification
The Participant agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, demands, actions, suits, damages, liabilities, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from any act or omission of the Participant while participating in the Activities or arising from any breach of this Release by the Participant.
5. Medical Treatment
The Participant understands and agrees that the Company does not assume responsibility for or have an obligation to provide medical treatment, emergency medical services, or insurance coverage for any injuries or medical conditions that occur while participating in the Activities. In the event of a medical emergency, the Participant authorizes the Company to seek and obtain emergency medical treatment for the Participant at the Participant's expense.
6. Covenant Not to Sue
The Participant agrees that they will not make any claim or commence any legal action against the Company, its officers, directors, employees, agents, or affiliates for damages or injuries sustained while participating in the Activities, including any claims resulting from the negligence of the Company.
7. Severability
If any provision of this Release is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions of this Release, which shall continue in full force and effect.
8. Governing Law
This Release shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
9. Entire Agreement
This Release constitutes the entire agreement between the Participant and the Company with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations, whether written or oral, relating to the subject matter hereof.
10. Acknowledgment of Understanding
The Participant acknowledges that they have read this Release, fully understand its terms, and understand that they are giving up substantial rights, including the right to sue the Company. The Participant further acknowledges that they are signing this Release freely and voluntarily, without any inducement, coercion, or promise of any kind.
IN WITNESS WHEREOF, the Participant has executed this Release as of the Effective Date.
Participant Name: Dell Stokes
Date: September 11, 2055
By: [YOUR NAME]
[YOUR COMPANY NAME]
Date: September 11, 2055
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