Waiver & Release of Liability, Assumption of Risk and Indemnity (“Agreement”)
In consideration of participation in the Jackson Local Schools Foundation Polar Bear Plunge (hereafter referred to in this Agreement as the “Activity”), I represent that I understand the nature of the Activity and that I and/or my minor child am qualified, in good health, and in proper physical condition to participate in such Activity. For purposes of this Agreement, hereafter “I” and “my” mean a person eighteen (18) years of age or older engaging in the Activity or a Parent or Legal Guardian with authority to act on behalf of a minor child engaging in the Activity. I acknowledge that if I believe the event conditions are unsafe, I will immediately discontinue participation in the Activity.
I fully understand that 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 the “Released Parties” named below or others participating in or attending the event. Further, there may be other risks I am unaware of or that are not reasonably foreseeable at this time. I understand and I have considered the risks involved, 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 Activity.
In consideration of being permitted to participate in the Activity, I, for my heirs, executors, administrators, legal representatives, assigns and any other person entitled to act on my behalf, hereby waive, release, forever discharge, hold harmless, and covenant not sue the Jackson Local Schools Foundation, its successors and assigns, its Board of Directors, administrators, agents, officers, volunteers, employees, other participants, any sponsors, advertisers, owners and lessors of premises on which the Activity takes place, and all others involved in the Activity (collectively referred to in this Agreement as “Released Parties”) from any and all liability, claims, demands, losses, or damages of any kind, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, which arise or may hereafter arise from my participation in the Activity. I understand and acknowledge that this Agreement discharges the Released Parties from any liability or claim that I may have against the Released Parties with respect to any bodily injury, personal injury, illness, death or property damage that may result from my participation in the Activity, whether or not caused by the negligence of the Released Parties.
I hereby release and further discharge the Released Parties from any claim whatsoever that arises or may hereafter arise on account of any first aid, emergency treatment or service rendered in connection with my participation in the Activity.
I expressly agree that if, despite this waiver and release of liability, and the assumption of risk, I or anyone on my behalf makes a claim against any of the Released Parties that I indemnify, save and hold harmless each of the Released Parties from any loss, liability, damage or cost which may incur as the result of such a claim.
I also hereby grant the Released Parties permission to use or authorize others to use any photographs, video or sound recordings, and/or any other record of my participation in the Activity, including my name, portrait, picture, likeness, and/or image for any publicity purpose without further compensation or permission.
I have read this Agreement and fully understand that by accepting the terms of this Agreement, I am voluntarily giving up substantial legal rights, including my right to bring actions against the Released Parties and I have entered into this Agreement freely and voluntarily without inducement. I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Ohio and that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio. I agree that in the event that any clause or provision of this Agreement shall be held invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement which shall continue to be enforceable.
BY CLICKING ON THE BOX NEXT TO “I ACCEPT THE WAIVER AGREEMENT”, I UNDERSTAND AND ACCEPT THE TERMS OF THE WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.