WAIVER AND RELEASE OF LIABILITY FORM
I, the participant HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THE Bluff Park 8K (the “Event”), including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I know that running, walking and/or participating in this Event is a potentially hazardous activity and that I should not enter and participate unless I am medically able and properly trained. I certify that I am physically fit, have sufficiently prepared or trained for participation in the Event activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this Event activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the Event activity in which I may participate, and that it will govern my actions and responsibilities at said activity. I understand and agree that the execution of this Release and my voluntary consent to be bound by the terms and conditions set out herein are a material consideration for the event organizer offering and allowing my participation in the Event, and that, but for the execution of this Release, participation in the Event would not be available to me. I acknowledge the receipt and sufficiency of such valuable consideration in order to fully bind me, my heirs, representatives, or assigns to the provisions of this Release.
In consideration of my application and permitting me to participate in this Event activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE the City of Hoover, Alabama, and The Public Park and Recreation Board of the City of Hoover, and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers (“Released Parties”) their members, officers, officials, employees, agents, servants, successors, representatives, assigns and any other persons or entities acting on their behalf (“Released Parties”), from any and all claims, demands, damages, and causes of action whatsoever, whether known or unknown, in the present or future, either in law or in equity(including, but not limited to, property damage; and all known and unknown, foreseen and unforeseen bodily and personal injuries and the consequences thereof, including, but not limited to, disability or death), arising from, on account of, resulting from, or in any way growing out of or incidental to or arising out of my participation in and/or presence at the Event. I voluntarily assume all risks, hazards, and dangers incident to the Event, including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses, including but not limited to COVID-19, or the causes thereof, sickness, or lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused, and hereby waive all claims and potential claims relating to such risks, hazards and dangers to the fullest extent of the law.
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from any and all liabilities or claims, including but not limited to attorneys’ fees and court costs, made as a result of participation in this Event and activity, whether caused by the negligence of release or otherwise.
I acknowledge that Released Parties are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity at the Event may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers. I assume all risks associated with participation in this Event, all such risks being known and appreciated by me.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness while participating in the Event.
I understand while participating in the Events activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law and that, if any portion is held to be invalid, it is agreed that the balance of the Release shall continue in full force and effect.
THIS IS A RELEASE OF LIABILITY. In signing this Release, I acknowledge and represent that I have fully informed myself of the contents of the foregoing release by reading it before I sign it. I sign this Release as my own free act and deed. No oral representations, statements, or inducements, apart from the foregoing written provisions, have been made to me by the Released Parties or by any third party prior to or in consideration of the execution of this Release. I warrant and understand that the Released Parties have relied upon my representations and agreements set out in this Release as adequate and sufficient consideration relating to the execution of this Release. I fully intend to be bound by the same. I further represent to the Released Parties that I have adequate medical insurance necessary to provide for and pay any medical costs that may be incurred as a result of injury to me.
________________________________ ___________ __________________________________ ______ Participant’s Signature Date Participant’s Name Age
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Printed Name Printed Name
(Please print legibly.)
MINOR PARTICIPANT INFORMATION
If the participant is under the age of 19, a parent or legal guardian must also sign:
I, (printed name) ___________________________ , am the parent or legal guardian of the participant who has signed above. I have read and I understand the provisions of this document, I consent to the participant taking part in the Event described above, and I fully enter into and agree on behalf of the minor participant to be bound by the terms of the Liability Release, Waiver, Assumption of Risk, and Covenant not to Sue set out hereinabove.
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Signature of Parent or Legal Guardian Witness over 19 years of age
