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Release and Waiver of Liability and Indemnity Agreement
(Read Carefully Before Accepting the Terms of This Agreement)
I plan to participate in the Parkrose Ride for Education (“Ride”), to be held on April 19, 2008, in the Parkrose School District. My decision to participate in the Ride is voluntary. If I am employed by the Parkrose School District (“School”), I understand that my participation in this Ride is not a condition or requirement of my employment. I understand that this is a social activity and not work related.
I understand that bike riding can be a rigorous outdoor recreational activity and can be dangerous. I am responsible for my own safety. I will be expected to use and handle my bicycle and any other equipment and to follow instructions from the various guides.
If I have questions about the requirements or dangers involved in this event or whether I am physically or mentally capable of participating, it is my sole responsibility to do whatever research or inquiry that I think is necessary. I understand that School is not making any representation or assessment about whether this Ride is a suitable activity for me.
I fully understand the dangers, hazards, and risks inherent in outdoor recreational activities such as bicycle-riding events. Knowing the dangers, hazards, and risks of the Ride, and in consideration of being permitted to participate in the Ride, on behalf of myself, my family, heirs, and personal representative(s), I, the undersigned, agree to assume all the risks and responsibilities surrounding my participation in the Ride or my minor child’s participation in the Ride, the transportation, and in any independent activities I undertake as an adjunct thereto, and in advance release, waive, forever discharge, and covenant not to sue Releasees, from and against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature that I may have or that may hereafter accrue to me, arising out of or related to any loss, damage, or injury, including but not limited to suffering and death, that may be sustained by me or by any property belonging to me, whether caused by the negligence or carelessness of the Releasees, or otherwise, while in, on, upon, or in transit to or from the location where the Ride, or any adjunct to the Ride, occurs or is being conducted.
It is my express intent that this release agreement shall bind the members of my family and spouse, if I am alive, and my estate, family, heirs, administrators, personal representatives, or assigns, if I am deceased, and shall be deemed as a release of the above-named Releasees. I further agree to save and hold harmless, indemnify, and defend Releasees from any claim by third parties arising out of my participation in the Ride.
In consideration of being permitted to participate in any way in the Ride and/or being permitted to enter for any purpose any restricted area (herein defined as any area wherein admittance to the general public is prohibited), I (registering for myself) or (I registering for a minor participant) the parent and/or legal guardian of the minor participant registering for this Ride agree:
1. Either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride will instruct the minor participant that prior to participating in the Ride, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. Either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride fully understand and acknowledge that:
(a) There are risks and dangers associated with participation in this Ride and activities which could result in bodily injury partial and/or total disability, paralysis and death.
(b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
(c) These risks and dangers may be caused by the action, inaction, or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.
(d) There may be other risks not known to us or are not reasonably foreseeable at his time.
3. Either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. Either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Parkrose School District, its School Board, officers, agents, and employees (“Releasees”) facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the Ride, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the Ride facility or designated route or events held at such facility or designated route and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
5. Either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride HEREBY acknowledge that THE ACTIVITIES OF THE RIDE ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. By accepting the terms of this Agreement either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. Either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride hereby accepts this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, either I myself as the participant of the Ride or as the parent and/or legal guardian of the minor I am registering for the Ride will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, AND HAVE ACCEPTED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
THIS IS A RELEASE OF LEGAL RIGHTS. READ AND BE CERTAIN YOU UNDERSTAND IT BEFORE ACCEPTING ITS TERMS.
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