This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement ("Agreement") is made and entered into as of [Date] by and between [Activity Provider Name] ("Provider"), a [State of Incorporation] [Business Structure (e.g., corporation, LLC)], with a principal place of business at [Provider Address], and [Participant Name] ("Participant"), a minor, residing at [Participant Address], and [Parent/Guardian Name] ("Parent/Guardian"), residing at the same address as Participant.
WHEREAS, Provider offers participation in [List Activities] (collectively, the "Activities"); and
WHEREAS, Participant desires to participate in the Activity offered by Provider; and
WHEREAS, Parent/Guardian is the legal parent or guardian of Participant and has the authority to enter into this Agreement on Participant's behalf.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Release of Liability (Participant & Parent/Guardian). Participant and Parent/Guardian hereby release, discharge, and waive any and all claims, demands, losses, damages, rights of action or causes of action of any kind, known or unknown, arising out of or in any way connected with Participant's participation in the Activity, including but not limited to:
2. Waiver of Claims (Participant & Parent/Guardian). Participant and Parent/Guardian waive any and all rights and benefits conferred by any statute or regulation that would otherwise limit the effect of this Agreement, to the fullest extent permitted by law.
3. Assumption of Risk (Participant & Parent/Guardian). Participant and Parent/Guardian acknowledge and understand that the Activities involve inherent risks, including but not limited to:
Participant and Parent/Guardian understand that these risks cannot be eliminated and voluntarily assume all risks associated with Participant's participation in the Activity.
4. Medical Conditions (Participant & Parent/Guardian). Parent/Guardian represents and warrants that Participant is in good health and has no physical or mental limitations that would preclude safe participation in the Activity. Parent/Guardian further represents that they have disclosed all relevant medical conditions of Participant to a healthcare professional and that Participant has been cleared for participation in strenuous physical activities, if applicable.
5. Emergency Medical Treatment Authorization (Parent/Guardian). Parent/Guardian hereby grants permission for Provider to seek emergency medical treatment for Participant, at Parent/Guardian's expense, in the event of an accident or injury during the Activity. Parent/Guardian will be notified as soon as possible if such treatment is necessary.
6. Instruction and Supervision (Participant & Parent/Guardian). Participant agrees to follow all instructions and safety rules provided by Provider instructors and staff. Participant and Parent/Guardian acknowledge that failure to follow instructions or engage in reckless behavior may result in injury or expulsion from the Activity.
7. Use of Facilities and Equipment (Participant & Parent/Guardian). Participant agrees to use the Provider's facilities and equipment only for their intended purposes and in a safe and responsible manner. Participant and Parent/Guardian are responsible for any damage caused by Participant's misuse of facilities or equipment.
8. Photography and Videography (Participant & Parent/Guardian). Participant and Parent/Guardian grant Provider permission to use photographs or video footage of Participant taken during the Activity for promotional purposes. Participant and/or Parent/Guardian may opt out of this permission by notifying Provider in writing.
9. Indemnity (Parent/Guardian). Parent/Guardian agrees to indemnify, defend, and hold harmless Provider, its officers, directors, employees, agents, instructors, and volunteers (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with Participant's participation in the Activity, including but not limited to:
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
11. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
13. Age Requirement. Participant represents and warrants that they are at least [Minimum Age] years old.
14. Additional Disclosures
15. Signature Requirements
Print Name:
Date:
Title:
Disclaimer: This template is for informational purposes only and should not be considered a substitute for legal advice. It's highly recommended to consult with a lawyer to ensure your minor waiver template meets all legal requirements in your jurisdiction and effectively protects your business.
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