In consideration of the Blaine County Seniors’ Council Inc., an Idaho non-profit corporation, d.b.a., “The Senior Connection”, their principals, agents, members, employees, affiliates, owners, and equipment suppliers, hereinafter referred to as “The Senior Connection,” allowing you as “the Participant,” to utilize facilities and to participate in assorting recreational and associated sporting activities, it is agreed that:
1) ASSUMPTION OF RISK:
The participant is fully aware that recreational activities in general and all associated activities is a calculated risk sport and contains inherent risks and dangers, including serious injury or death. The Participant knows the scope, nature, and extent of the risks involved in the activities contemplated by this agreement. The Participant voluntarily and freely chooses to incur any and all such risks and dangers.
2) EXEMPTION FROM LIABILITY
The Participant hereby fully and forever discharges and releases The Senior Connection and owners of land used for all activities from all and any liability, claims, demands, actions, and causes of action arising out of any damages, both in law and equity, in any way resulting from personal injuries, conscious suffering, death, property damages sustained by the Participant arising out of such activities, or while participating in any of the activities contemplated by this release. Exemption from liability includes loss, damage, or injury resulting from the negligence of The Owner or any other cause or causes.
3) COVENANT NOT TO SUE
The Participant agrees, for him/her self and his/her heirs, executors, or administrators, not to institute any suit or action at law, or otherwise, against The Senior Connection, employees, instructors, successors, or assigns, nor to initiate or assist the prosecution of any claims for damages or course of action which the Participant, his/her heirs, executors, or administrators hereafter may have by reason of injury to the person of the Participant or his/her property arising from the activities contemplated by this agreement.
4) INDEMNITY AGREEMENT
The Participant agrees, for him/her self and his/her heirs, executors, administrators, or assigns, to indemnify and hold harmless The Senior Connection, employees, instructors, successors, or assigns from any and all losses, claims, actions, or proceedings of any kind which may be initiated by the Participant and/or any other person or organization. This includes reimbursement of all legal costs and reasonable counsel fee incurred by the Participant, The Owner, all affiliates and indemnified parties, or any of them, for the defense of any such action which may hereafter arise directly or indirectly from the activities of the Participant while engaged in the activities contemplated by this agreement.
5) CONTINUATION OF OBLIGATION
The Participant agrees and acknowledges that the terms and conditions of the above provisions, including ASSUMPTION OF RISK, EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, and INDEMNITY AGREEMENT shall continue in full force and effect at all times and shall be binding upon heirs, executors, administrators or assigns of his/her estate.
6) The Senior Connection DOES NOT PROVIDE ANY INSURANCE, EITHER MEDICAL OR LIABILITY, FOR ANY INCIDENT
WHICH MAY ARISE AS A RESULT OF PARTICIPATION IN ANY RECREATIONAL ACTIVITY.
7) HEALTH AND FITNESS FOR RECREATIONAL ACTIVITY
Any athletic, recreational, or sporting activity may be a strenuous physical and/or mental activity. We recommend a complete physical examination prior to doing so.
8) THE PARTICIPANT EXPRESSLY RECOGNIZES THAT THIS AGREEMENT AND RELEASE OF LIABILITY IS A BINDING CONTRACT
PURSUANT TO WHICH HE/SHE HAS RELEASED ALL CLAIMS AGAINST THE RELEASED PARTIES RESULTING FROM PARTICIPATING IN
SENIOR CONNECTION RECREATIONAL ACTIVITIES.
9) CONSENT TO USE OF PHOTOS AND RECORDINGS AND RELEASE OF LIABILITY THERETO
I hereby give my consent and absolute right and permission to the Senior Connection to copyright and/or publish or use, at their sole discretion, photos of me, or in which I may be included in whole or in part or in my own without compensation to me. My consent gives permission to use the above materials for publication, display, sale or exhibition in promotions, advertising, education, and legitimate business uses. Use includes reproductions in any form and media, adaptation and/or revisions, throughout the world and forever. I hereby release, discharge and agree to hold the Released Party harmless from and against any liability.
I HAVE CAREFULLY READ THIS AGREEMENT AND RELEASE OF THE ABOVE LIABILITY, FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS, AND AGREE TO IT OF MY OWN FREE WILL.