Release of Liability and Waiver of Claims
In consideration of participation in activities organized by OUTSHINE SPORTS, hereinafter referred to as “Outshine”, the undersigned individual hereby agrees and warrants that they shall release, defend, indemnify and save harmless Outshine and any City/Agency/Organizations that allows Outshine to conduct activities on their property, its officers, directors, employees and any other person, firm or corporation charged or chargeable with responsibility or liability, their heirs, administrators, executors, successors and assigns and agents from any and all costs, expenses, restrictions, claims, demands, suits, actions, proceedings, damages, liabilities, deficiencies, judgments, levies, costs or expenses, including, but not limited to, attorney's fees and expenses of any kind and nature, including, but not by way of limitation, any claim for damages to property or injuries to or death of any person or persons relating to or arising from Outshine programs or related activities, regardless of whether arising from the negligence or wrongful acts, errors or omissions of Outshine.
Without limiting the generality of the foregoing, the undersigned individual agrees that they shall reimburse Outshine for legal fees and other costs incurred in Outshine’s defense of such claims of litigation. Outshine shall have the right to participate in the defense of any claims or litigation and shall have the right to approve any settlement.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability, and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or statute providing in substance that releases shall not extend to claims, demands, injuries or damages which are unknown or unsuspected to exist at the time, to the person executing such release, are hereby expressly waived.
The undersigned individual acknowledges that the agreement hereby releases, and discharges Outshine, it officers, directors, employees and agents, of any and all claims, relating to any bodily and personal injuries or damages to property and the consequences thereof resulting from their use of any City/Agency/Organization property to conduct activities. I do hereby covenant with the Outshine that I, my heirs, executors, assigns and transferees will never at any future time sue Outshine for or on account of any claim for damages arising out of my participation in activities whether such claims arise by negligence of Outshine, its employees or agents, or by the negligence of any other participant.
It is further agreed and understood that said use of City/Agency/Organization property while participating in an Outshine activity is not to be construed as an admission of liability and acceptance of assumption of responsibility by Outshine, its officers and members.
Assumption of Risk
I, the undersigned, am aware that there are significant inherent risks associated with participation in Outshine activities and its equipment, amenities and in all aspects of recreational activities. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, or other people around me; injury or death due to improper use or failure of equipment; dehydration; and, strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity immediately. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity conducted by Outshine. I am aware that this agreement is ongoing and will apply to all future activities conducted by Outshine.
Photography/Video Release
Registered participants participating in activities conducted by Outshine and/or guests and visitors viewing activities conducted by Outshine may be photographed or videotaped at any time. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Outshine website or in any editorial, promotional or advertising material produced and/or published by Outshine.
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by checking this box in agreement it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by checking this box in agreement I am waiving valuable legal rights.