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 [Company Name] ("Company"), a [State of Incorporation] corporation, with a principal place of business at [Company Address], and [Participant Name] ("Participant"), residing at [Participant Address].
WHEREAS, Company owns and operates an online platform ("Platform") that allows users to register for participation in various activities, including but not limited to [List Activities] (collectively, the "Activities"); and
WHEREAS, Participant desires to register for and participate in an Activity offered by a Company Partner (as defined below) through the Platform; and
WHEREAS, Company Partner is a separate and independent entity from Company and is solely responsible for the safety and operation of the Activity.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Release of Liability (Company). Participant hereby releases, discharges, and waives 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 use of the Platform or registration for an Activity, including but not limited to:
2. Release of Liability (Company Partner). Participant acknowledges that Company Partner is solely responsible for the safety and operation of the Activity. Participant hereby releases, discharges, and waives 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:
3. Waiver of Claims. Participant waives 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.
4. Assumption of Risk. Participant acknowledges and understands that the Activities involve inherent risks, including but not limited to:
* (Replace with specific risks relevant to your offered activities. Examples:) * Risk of falling from heights (rock climbing, ziplining) * Risk of equipment failure (whitewater rafting, kayaking) * Risk of collision with other participants or objects (obstacle courses) * Risk of exposure to the elements (sun, wind, rain) (all outdoor activities) * Risk of physical exertion (all activities) * Risk of emotional distress (all activities)
Participant understands that these risks cannot be eliminated and voluntarily assumes all risks associated with the Activity.
5. Medical Conditions. Participant represents and warrants that Participant is in good health and has no physical or mental limitations that would preclude safe participation in the Activity. Participant further represents that Participant has disclosed all relevant medical conditions to a healthcare professional and has been cleared for participation in strenuous physical activities, if applicable.
6. Indemnity. Participant agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, contractors, and volunteers (collectively, the "Company Indemnified Parties") and the Company Partner, its officers, directors, employees, agents, contractors, and volunteers (collectively, the "Company Partner 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 use of the Platform, registration for an Activity, or participation in an Activity, including but not limited to:
7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
8. 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.
9. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
10. 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.
11. Age Requirement. Participant represents and warrants that Participant is at least [Minimum Age] years old.
12. Assumption of Risk by Parent or Guardian. If Participant is under the age of 18, Participant's parent or legal guardian (the "Guardian") must also sign this Agreement below. By signing below, the Guardian agrees to be bound by all terms and conditions of this Agreement and assumes all risks associated with Participant's participation in the Activity on behalf of Participant.
Participant Signature:
Print Name:
Date:
Guardian Signature (if applicable):
13. Additional Disclosures
14. Electronic Signature
By clicking "I Agree" below, the Participant acknowledges that they have read, understood, and agree to be bound by all the terms and conditions of this Agreement.
[I Agree] (Checkbox)
Participant Printed Name:
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 online waiver template meets all legal requirements in your jurisdiction and effectively protects your business.
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