Accident Waiver and Release of Liability
In consideration of the opportunity to participate in voluntary athletic or recreational activities or programs (“Activities”) organized by and/or on the property of Urban Alliance, Inc. (“Urban Alliance”), whose registration process requires me to accept this agreement, I hereby agree to the following Accident Waiver and Release of Liability (“Agreement”):
1. Waiver and Release of Liability. My participation in the Activities is voluntary and subjects me to the possibility of disability and personal injury, which could be minimal, serious, and/or result in death, and loss of or damage to my property (collectively, “Risks”). Accordingly, I agree to the following:
a. I hereby release and hold harmless Urban Alliance, its officers, directors, employees, agents, volunteers, and contractors (collectively, “Releasees”) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (“Claims”), including, but not limited to, those that may arise from negligence or carelessness on the part of any or all Releasees, from dangerous or defective equipment or property owned, maintained, or controlled by the Releases, or because of their possible liability without fault.
b. I hereby agree to indemnify, hold harmless, and promise not to sue the Releases mentioned in this Agreement from any liabilities or claims made as a result of my participation in the Activities, whether caused by the negligence of the Releases or otherwise. I acknowledge that the Releases are not responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
c. I recognize the physical exertion involved in the Activities in which I will be participating and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional. I attest and certify that there are no health-related reasons or problems which preclude my participation in the Activities.
d. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Activities, including those sustained on the premises where the Activities are conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation.
e. I hereby assign and give permission to the Releasees to use, without charge and without reservation, my image and testimonial in publishing and promoting the Activities. I acknowledge that my image and testimonial may be used by the Releasees on the Urban Releasees’ website and/or in any other promotional material. I acknowledge that editorial changes may be made as deemed suitable by the Releasees. Whether or not changes are made, I waive any rights of action I may have and release the Releasees from any and all claims I may have arising from the use and publication, including any rights to sue for defamation or violation of rights of privacy or rights of publicity.
f. I acknowledge that this Agreement may be used by the holders, sponsors, and organizers of the Activities in which I may participate, and that it will govern my actions and responsibilities at any and all Activities.
g. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
2. General Provisions.
a. I hereby expressly agree that (i) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions; and (ii) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the courts located in Kalamazoo, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
b. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
c. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
d. I hereby expressly agree that if any portion of this Agreement is held invalid, the remainder of the Agreement shall nonetheless continue in full legal force and effect.
I CERTIFY AND WARRANT THAT I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND THAT IT INVOLVES MY WAIVER AND RELEASE OF SIGNIFICANT RIGHTS AND MY ASSUMPTION OF SIGNIFICANT INDEMNIFICATION RESPONSIBILITIES IN PARTICIPATING IN THE ACTIVITIES.
FURTHER, I CERTIFY AND WARRANT THAT I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL.
(If Participant is under the age of 18, a parent/guardian must sign)