Waiver and Release of Liability
Read this Entire Document Before Signing.
BY SIGNING THIS RELEASE, I AGREE:
- I AM AWARE THAT THERE IS A RISK OF INJURY FROM PARTICIPATION IN AN IMPACT CARES PROJECT (THE "ACTIVITY"). I AM AWARE THAT THE RISK OF INJURY MAY NOT FULLY BE KNOWN AND MAY NOT HAVE BEEN DISCLOSED TO ME.
- I ASSUME ALL RISKS, INCLUDING THE RISKS OF TRAVELING TO AND FROM THE IMPACT CARES PROJECT SITE.
- I AM AWARE THAT IMPACT CARE CANNOT ALLOW ME TO VOLUNTEER UNLESS I SIGN A RELEASE. I DESIRE TO OFFER SERVICE EVEN THOUGH IT MEANS I AM ASSUMING ALL RISK OF INJURY OR DAMAGES WHICH ARE SUSTAINED IN THE ACTIVITY.
- I AM AWARE THAT THE RISKS I ASSUME INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE OR GROSS NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S), DEFECTIVE PRODUCTS, TOOLS OR MATERIALS. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
- I AM AWARE THAT BY SIGNING THIS RELEASE, I GIVE UP THE RIGHT TO SUE, FILE CLAIMS FOR COMPENSATION OR SEEK DAMAGES OR OTHER RELIEF OF ANY KIND.
- I AM NOT BASING MY DECISION TO SIGN THIS RELEASE ON ANY STATEMENTS OR REPRESENTATIONS BY IMPACT CARES OR ITS STAFF, OFFICERS, EMPLOYEES OR AGENTS.
WAIVER AND RELEASE
For myself, my heirs, executors, administrators, assigns, or personal representatives, I knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Impact MHC Management, LLC (“Impact Management”); Impact Cares; future-opportunities MHP, LLC (“future-opportunities”), their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. This release specifically includes injuries and damages which result from negligence or gross negligence of any released person or party. INDEMNIFICATION AND HOLD-HARMLESS
I agree to indemnify and hold harmless Impact Cares; Impact Management; future-opportunities MHP against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Impact Cares; Impact Management; and future-opportunities MHP incurs any of these types of expenses, I agree to reimburse Impact Cares; Impact Management; future-opportunities MHP.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY REQUIRE USE OF A PERSON'S FULL PHYSICAL AND MENTAL CAPACITIES AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Impact Cares; Impact Management; and future-opportunities MHP AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Impact Management; Impact Cares; future-opportunities MHP PERSONAL INJURY OR PROPERTY DAMAGE.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
I further agree that Impact Cares has permission to use photos, video and audio recording of me on the web site, brochures and advertising of Impact Cares, in connection with publicity and advertising of the Impact Cares Project. This does not authorize use of my image for commercial purposes.