Waiver to Sue or hold Liable
In consideration for being permitted to participate in the activity(ies) described above and related activities, I hereby agree and acknowledge and appreciate that:
1. I HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, Heroes Odyssey, its owners, officers, agents, representatives, employees and volunteers and the owner or owners of the property on which the activity is conducted from, and agree to not sue them for, any liability for causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury or property damage arising from the above activities whether caused by active or passive negligence of the Released Parties or otherwise, claims and demands of any kind and nature whatsoever that may arise out of or relate in any way to my or my minor child’s enrollment or participation in the Heroes Odyssey programs. The claims hereby released and indemnified include, but are not limited to claims of other participants and of members of Participant’s family or associates and claims of negligence of a released party, but not the claims of gross negligence or willful injury.
2. I accept responsibility for any expenses that may be incurred for any illness or injury that may result from my, or my minor child’s enrollment or participation in the the Heroes Odyssey programs, including the costs of evacuation, hospitalization, and medical treatment and any sums payable to anyone by reason of any injury that I may sustain through my participation in the Provider’s programs.
3. If I am the parent or guardian of the minor child(ren) whose signature(s) appear on this release form, I have discussed the terms of the above Agreement with my child and am assured by my child that he or she understands the agreement and has freely accepted its terms. I give my child permission to participate in the Provider’s program. My signature below reflects my agreement to fully release, indemnify and defend the Released Parties as provided above, from any claim in which I may have, and, to the fullest extent permitted by law, to release such persons on behalf of my child(ren), for any claim the child(ren) may have.
4. I am physically able to safely participate in the Heroes Odyssey. My participation in this activity is purely voluntary, no one is forcing me to participate, and I have elected to participate in spite of the risks.
5. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the Released Parties, other than what is set forth in this Agreement.
6. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT BY SIGNING THIS FORM I HAVE WAIVED MY LEGAL RIGHTS AND THE RIGHTS OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATES. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I UNDERSTAND AND AGREE ALL ENDEVOURS HAVE BEEN MADE TO MAKE SAFE MY PARTICIPATION. I AGREE THAT I AM PARTICIPATING AT MY OWN FREE WILL AND ASSUME AND ACCEPT THE RISK/S INVOLVED AND WILL NOT HOLD LIABLE NOR SUE NEITHER NOW NOR IN THE FUTURE HEROES ODYSSEY, THE OWNERS, STAFF, LOCATIONS NOR VOLUNTEERS.