Activity Waiver & Release
THIS ACTIVITY WAIVER & RELEASE (this “Agreement”) is by and between Ocean State Archery, LLC, a Rhode Island Limited Liability Company (the “Activity Provider”) and the below named Participant (the “Participant”)
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
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Consideration
Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant’s participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement.
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Details of Activity
The Participant will participate in the following activity: Various Archery Programs.
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Concurrent Release
The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant’s spouse, heirs, executors, administrators, legal representatives and assigns.
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Fitness to Participate
The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance. The Participant further agrees that they are responsible for their own health and safety at any program, and that they will immediately discontinue participation in any programs if they have any health or safety concerns.
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ACKNOWLEDGMENTS AND ASSUMPTION OF THE RISKS
I knowingly, willingly and voluntarily acknowledge the inherent risks associated with participation in the sport of archery and understand that my participation in any program involves risks and dangers including, without limitation, the potential for serious bodily injury, sickness and disease, trauma, pain & suffering, permanent disability, paralysis and death;
I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inaction, the actions or inaction of others participating in or volunteering at the programs, or the negligent acts or omissions of the Activity Provider, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I may incur as a result of my participation in any programs;
RECOGNIZING THE RISKS AND DANGERS INVOLVED IN PARTICIPATING IN THE SPORT OF ARCHERY, THE UNDERSIGNED UNDERSTANDS THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSES TO PARTICIPATE IN AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE, WHETHER CAUSED BY THE NEGLIGENCE OF THE ACTIVITY PROVIDER OR OTHERWISE.
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HOLD HARMLESS & INDEMNIFICATION.
Participant agrees that it will indemnify, hold harmless and save the Activity Provider, their heirs and assigns, agents, contractors and employees and shall defend same, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments of any nature recovered from or asserted against Activity Provider, their heirs and assigns, agents, contractors and employees, on account of injury or damage to person or property, and liability of any kind or nature which may arise from, or relate in any way to my participation in any Activity Provider program.
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Full and Final Settlement
The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
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Photo Release
The Participant hereby acknowledges, releases and agrees to the use of any images of them taken by the Activity Provider at/during an Activity may be used by the Activity Provider in their marketing campaigns, including but not limited to print marketing, website, social media and the like. The Participant agrees that said use of the images by Activity Provider shall be without compensation or additional permission.
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Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of Rhode Island.