Waiver and Release of Liability Agreement
Please read carefully before signing
Superior Alliance for Independent Living (SAIL) and its (“Parties”) are non-profit, non-commercial activity providers in the Upper Peninsula of Michigan. “Parties” include representatives, directors, volunteers, employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, the owners, operators and lessors of premises on which the activities or events take place. The purpose of this agreement is to exempt, waive and relieve SAIL and its “Parties” from any and all liability for wrongful death, personal injury, and property damage, including but not limited to liability arising from the negligence of SAIL. In consideration of the undersigned Participant being allowed to participate in any way in SAIL activities (the “Activities”), including, but not limited to, the activities listed on Exhibit A below, the Undersigned (“Undersigned” means only the Participant when the Participant is age 18 or older or it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18) enters into this Waiver and Release of Liability Agreement (the “Agreement”) and agrees and acknowledges as follows:
1. Risks of Activity: Participant will be taking part in the Activities that can be hazardous and involve the risk of physical injury and/or death and loss of or damage to Undersigned’s property. The Activities are inherently dangerous and Undersigned fully realizes the dangers of participating in the Activities. The dangers and risks include, but are not limited to the condition of the premises and equipment, and the acts, omissions, representations, carelessness and negligence of the Parties. Recognizing the risks and dangers, the Undersigned voluntarily chooses for Participant to participate in the Activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent or otherwise. I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Activities, including those sustained on the premises where the Activities are conducted and while I am traveling to and from such premises, regardless of the location or mode of transportation.
2. Fitness: I recognize the physical exertion involved in the Activities and attest and certify that I am physically and mentally fit to participate safely, and I have not been advised otherwise by a health care professional.
3. Release and Indemnification: Undersigned (a) unconditionally releases, waives, forever discharges, and holds harmless the Parties from any claims for any liability or loss of any nature, including personal injury, death and property damage, arising out of or relating to Undersigned’s participation in Activities, demands, attorney(s) fees, costs, damages, or causes of action, including, but not limited to negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Parties; (b) agrees not to sue the Parties for any property damages, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Event; and (c) agrees to indemnify, defend and hold harmless the Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activities, EVEN IF ARISING FROM THE PARTIES’ ORDINARY NEGLIGENCE.
4. Miscellaneous: Undersigned agree (a) Participant will not engage in any Activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of MI and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Marquette County, MI, and that for such purposes, I expressly submit to the jurisdiction of such courts; and (c) this Agreement shall be binding upon the subrogors, distributors, heirs, next of kin, successors, assigns, executors, administrators and personal representatives of the Undersigned, as well as any other party asserting a claim on behalf of the Undersigned.
5. This Agreement contains the entire understanding between and among the Parties and the Undersigned concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged. If any portion of this Agreement is held invalid the balance of the Agreement shall nonetheless continue in full force and effect.
6. The provisions of this Agreement shall survive the termination of the Agreement.
Activities and Fitness Level This list is NOT comprehensive of all activities that could be offered through the 2019 U.P. Vets SERVED program. Rather, it is a representation of some of the types of Activities that have been offered in the past and could be offered in the future.
Biking Fishing Sled Hockey Cross Country Skiing * Gardening * Snowshoeing *Dance classes * Horseback riding Tubing * Dog Sledding * Ice Skating * Walking / Hiking * Downhill skiing * Kayaking * Yoga/Meditation * Ice Fishing * Cooking classes
THE UNDERSIGNED HAS READ THE ABOVE WAIVERS AND RELEASES, FULLY UNDERSTANDS THE TERMS AND THAT THE UNDERSIGNED AND THE UNDERSIGNED’S HEIRS, REPRESENTATIVES, AGENTS, AND ASSIGNS ARE GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAS NOT CHANGED THIS AGREEMENT ORALLY, AND SIGNS THIS AGREEMENT VOLUNTARILY.
I have carefully read this agreement and understand its contents. I am aware that I am releasing legal right that otherwise may exist.
This agreement will be in effect for ONE CALENDAR YEAR to participate in U.P. Vets SERVED program.