CLUB PARTICIPANT RELEASE OF LIABILITY AND WAIVER OF RIGHTS
FOR OFFSITE EVENTS AND ACTIVITY
Offsite Club Activity. I am agreeing to participate in all current and future ______________________(CLUB NAME) Offsite Club Activity (“Activity”). Participation in the Activity includes risk and dangers including without limitation the potential for serious bodily injury, death, and exposure to situations beyond the control of the Association.
I, ___________________________ (herein referred to as “Participant”) desire to participate in the Activity. In consideration of being permitted to participate in the Activity, I hereby agree to all the terms of this Agreement.
COVENANTS AND AGREEMENTS
Participant hereby irrevocably and unconditionally agrees for myself, my personal representatives, my heirs, next-of-kin, insurers, successors and assigns, as follows:
1. ASSUMPTION OF RISK. Participant’s choice to participate in the Activity is knowing, voluntary, and made for litigation purposes. Participant understands that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities or equipment (including the roof and stairs). Further, there may be other risks not known to Participant or reasonably foreseeable at this time. Participant understands and has considered the risks involved, and voluntarily and freely chooses to assume these risks.
2. RELEASE FROM LIABILITY. Participant fully and forever releases and discharges TRILOGY AT power RANCH COMMUNITY ASSOCIATION, Inc., and its respective successors and assigns and each of their respective affiliates, directors, officers, shareholders, employees, agents, and insurers, managers, and all others involved in the Activity (collectively the “Association”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to Participant, the Participant’s property, or any other person, directly or indirectly arising out of or in connection with Participant’s participation in the Activity, even if it is due in part to the negligence, injudicious act, omission or other fault of the Association.
3. INDEMNITY. Participant will defend, indemnify, hold harmless and reimburse the Association from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Association or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Activity. Participant will reimburse the Association if anyone makes a claim against the Association in connection with Participant’s participation in the Activity, including, without limitation, any accident Participant may be involved in or any injury, loss, damage to me, other parties or property however caused.
4. COVENANT NOT TO SUE. Participant will not initiate any claim, lawsuit, court action or other legal proceeding or demand against the Association, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties or my (or others’) property in connection with my participation in the Activity, and Participant waives any right to do so. This means that Participant cannot sue to hold the Association responsible for any injury, loss, or damage sustained by me, other parties or my (or others’) property in connection with the Activity, even if it is due in part to the negligence, injudicious act, omission or other fault of the Association. Participant waives their insurers’ right to make a claim against the Association based on payments by insurers to Participant or on Participant’s behalf for any reason. This means my insurers have no rights of subrogation against the Association.
5. MEDICAL EXPENSES. Participant understands that Participant is solely responsible for all costs related to medical treatment, medical transportation and/or evacuation that may result from Participant’s participation in the Activity.
6. REPRESENTATIONS. Participant is in good health, in proper physical condition, and does not have any medical or other conditions that would impair my ability to otherwise participate in the activity. If at any time I believe conditions to be unsafe or that Participant is no longer in proper physical condition to participate in the Activity, Participant will immediately discontinue further participation in the Activity.
7. COVENANTS. Participant will follow any and all instructions, recommendations and cautions of the Association at all times during the Activity. Participant will comply with all Applicable Laws while participating in the Activity.
BY SIGNING THIS AGREEMENT PARTICIPANT HEREBY WAIVES CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO THE RIGHT TO SUE THE ASSOCIATION, AND TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. BY SIGNING THIS AGREEMENT PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD ALL TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ASSOCIATION.
PARTICIPANT HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF THE ASSOCIATION IN ALLOWING PARTICIPANT TO PARTICIPATE IN THE ACTIVITY.