Courts enforce waivers more readily when the real risks are spelled out.
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This Release of Liability and Assumption of Risk Agreement (this “Release”) is entered into by ____________ (the “Participant”), in favor of ____________, its owners, officers, employees, agents, volunteers, and contractors (collectively, the “Released Parties”), in consideration of the Participant being permitted to take part in ____________ at ____________, on the date above and on all future occasions until this Release is revoked in writing (the “Activity”).
The Participant understands that the Activity involves inherent risks that cannot be eliminated even with reasonable care, including but not limited to: ____________. These risks can result in property damage, serious bodily injury, permanent disability, or death. The Participant acknowledges reading this Release, understanding these risks, and choosing to participate voluntarily.
The Participant knowingly and freely assumes all risks of the Activity, both known and unknown, including risks arising from the ordinary negligence of the Released Parties, and takes full responsibility for the Participant's participation.
To the fullest extent permitted by law, the Participant releases, waives, and discharges the Released Parties from any and all claims, demands, causes of action, damages, and costs (including attorneys' fees) arising out of or related to the Activity, including claims based on the ordinary negligence of the Released Parties. This Release does not extend to gross negligence, recklessness, or intentional misconduct, or to any liability that cannot be waived under the law of the State of ____________.
The Participant shall indemnify and hold harmless the Released Parties from any claims brought by third parties arising out of the Participant's actions during the Activity, including claims caused by the Participant's negligence or misconduct.
The Participant authorizes the Released Parties to secure emergency medical care or transportation for the Participant if needed, at the Participant's expense, and releases the Released Parties from any claims arising out of such first aid, treatment, or service, except to the extent caused by gross negligence.
This Agreement shall be governed by and construed in accordance with the laws of the State of ____________, without regard to its conflict-of-laws principles.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
THE PARTICIPANT HAS READ THIS RELEASE, FULLY UNDERSTANDS ITS TERMS, AND SIGNS IT FREELY AND VOLUNTARILY, UNDERSTANDING THAT IT WAIVES SUBSTANTIAL LEGAL RIGHTS.