WAIVER OF LIABILITY AND RELEASE: In consideration of being permitted to participate in orienteering activities (“Orienteering”) sponsored by Arctic Orienteering Club, Inc. (“Club”), I, for myself, my personal representatives, heirs and assigns, acknowledge, agree and represent that I understand the nature of Orienteering and that I am in good health and in proper physical condition to participate in Orienteering.
I further acknowledge that the Orienteering will be conducted in public parks and other facilities open to the public during the Orienteering. I fully understand that ORIENTEERING INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY AND DEATH (“RISKS”); that these Risks may be caused by my own actions or inactions, the actions or inactions of others participating in Orienteering, the actions or inactions of parties not participating in Orienteering, the conditions under which the Orienteering takes place, or THE NEGLIGENCE OF THE “RELEASEES” DESCRIBED BELOW; and that there may be other Risks and social and economic losses either not known to me or not readily foreseeable; 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 Orienteering. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Club, its officers, directors, agents, members, volunteers, and employees, and owners of property on which the Orienteering takes place (each considered one of the “Releasees” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND/OR THE FAILURE TO UNDERTAKE RESCUE OPERATIONS; and I further agree that if, despite this Waiver of Liability and Release, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any Releasee may incur as the result of such claim.
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 ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW and I agree that if any portion of this agreement is held to be invalid, the balance shall continue in full force and effect.
