Trilogy at Vistancia Softball
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ASSUMPTION OF RISK, RELEASE, WAIVER OF
LIABILITY AND INDEMNITY AGREEMENT ("AGREEMENT")
In
consideration for being permitted to participate in the
Trilogy
Softball Club at Vistancia
events, coordinated by the Trilogy at
Vistancia Community Association, a mutual benefit non-profit corporation
("
Coordinator
"), I for myself my personal representatives, spouse,
assigns, estate, heirs and next of kin (collectively, "
I
"):
1.
Voluntary Participation
: Acknowledge, understand and
agree I am participating in the Event voluntarily and agree to be completely
responsible for my own actions. I further agree to abide by all safety
standards, rules and guidelines, which may be imposed by the
Coordinator.
2.
Acknowledgment and Assumption of
Risks
: Fully understand that: (a) the Event involves risks of
serious bodily injury, including permanent disability, paralysis and death
("
Risks
"); (b) these Risks and dangers may be caused by my own actions,
or inactions, the actions or inactions of others participating in the Event, the
Coordinator, the condition in which the Event takes place, or the negligence of
the Releasees (defined below); (c) there may be other risks and social and
economic losses either not known to me or not readily foreseeable at this time;
and I fully accept and assume all such Risks and all responsibility for losses,
costs and damages I incur as a result of my participation in the
Event.
3.
Release
: Covenant, promise and agree I
will not prosecute or present any claim for personal injury, property damage or
wrongful death or any other action against the Coordinator, other participants,
or their respective, officers, directors, employees, independent contractors,
developers, incorporators, declarants, volunteers, agents, assigns, heirs,
trustees, administrators, executors, personal representatives, next of kin or
any other representatives ("
Releasees
") and hereby release, waive,
discharge, relinquish any action or causes of action, which may hereafter arise
from any and all liability, claims, demands, losses or damages on my account
caused or alleged to be caused in whole or in part by the negligence or other
acts or omissions of the Releasees or otherwise, including injuries received or
that may have been compounded or increased by negligent operations or procedures
of the Releasees.
4.
Indemnification
: Covenant,
promise and agree to defend, indemnify and hold the Releasees harmless from any
and all claims, actions, suits, procedures, costs, expenses, damages and
liabilities, including attorneys fees, that arise out of or are in any way
related to my involvement or participation in the Event.
5.
Miscellaneous
: Hereby declare I am of lawful age and
legally competent to sign this Agreement, I understand the terms herein are
contractual and not a mere recital, and I have signed this document of my own
free will. I further acknowledge, understand and agree that the covenants and
releases in this Agreement are intended to be as broad and inclusive as is
permitted by the laws of the State in which the Event is conducted and if any
portion of this Agreement is held invalid, I agree that the balance,
notwithstanding, continue in full legal force and effect. If any claim arises
out of my participation in the Event or this Agreement, I agree that this
Agreement shall be interpreted under the laws of the State where the Event takes
pace and that the courts of the State where the event takes place shall have
jurisdiction to hear all such disputes.
BY Clicking "SUBMIT,"
I
ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE
SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT
TO BE A FULL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY
LAW.
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