WAIVER OF LIABILITY AND RELEASE AGREEMENT
I, , wish to participate in (hereinafter referred to as “the Activity”) offered by Allegany County. As a precondition to participating in the Activity, I have read the following Release Agreement (hereinafter referred to as “the Agreement”), and I agree to all its terms. I also understand that by signing up a “Plus 1” or “Family” members to attend the Activity that they agree to the same and I must inform them of the Agreement.
Assumption of Risk. I understand that participating in the Activity involves certain inherent risks, including a heightened risk of physical injury. I am fully aware of the potential risks and hazards associated with the Activity and hereby decide to voluntarily participate in the activity. I also knowingly and voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death or illness, that I may sustain because of participating in the Activity, unless it is created by the gross negligence or willful misconduct of Allegany County, its officers, agents, employees, or volunteers (hereinafter collectively referred to as “the County”).
Liability Release. In consideration of the County allowing me to participate in the Activity, I agree I will not sue the County, and I release and discharge the County from any and all liabilities, claims, demands, actions, causes of action, damages, costs and/or expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, arising directly or indirectly from the Activity or while upon the premises where the Activity is being conducted, excepting those claims arising from the gross negligence or willful misconduct of the County.
Indemnification. I agree to release, indemnify, and hold harmless, to the extent permitted by law, the County from and against any loss, liability, damage, or costs, including court costs and attorneys’ fees, that the County may incur arising from my involvement in the Activity, excepting those claims arising from the gross negligence or willful misconduct of the County.
Warranty of Physical Fitness. I assume full responsibility for my physical wellbeing in connection with my participation in the Activity and I understand the County has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity. Allegany County does not assume any responsibility for my wellbeing while participating in the Activity. I warrant that I am in a physical condition that will allow me to participate fully in the Activity, and the County is relying on my warranty regarding my physical condition.
Name, Image, Likeness – Photo Release. Allegany County and the Allegany County Dwyer Peer-To-Peer Support Program have permission to use photograph publicly for other Veterans to learn about our programming I understand that these images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty fee or other compensation shall become payable to me by reason of such use.
Intent. It is my express intent that this Agreement shall bind the members of my family and spouse (if any), as well as my estate, heirs, administrators, successors, assigns, and personal representatives. I agree that this Agreement and any claim arising from my participation in the Activity shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. The courts in Allegany County shall be the forum for any lawsuits arising from the Activity or incident to this Agreement, or if eligible and brought in Federal Court in the nearest Federal Court to Allegany County. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions thereof shall not be affected thereby.
In signing this Agreement, I acknowledge that I read the Agreement in its entirety, fully understand its terms, and agree to be bound by the terms. I further acknowledge that no oral representations, statements, or inducements, apart from this written Agreement, have been made by the County. Lastly, I acknowledge that I am signing this Agreement voluntarily, I am at least eighteen (18) years of age, and I am fully competent.
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