Liability Waiver
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT PLEASE READ CAREFULLY. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
The person(s) participating in recreational activities and programs is/are referred to as "Participant". The Undersigned means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant's parent or legal guardian when the participant is under the age of 18. The undersigned agree and understand that recreational activities, including but not limited to, baseball, soccer, basketball, weight lifting, etc. (the "Activity"), can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
The Undersigned understand that risks related to the Activity include, but are not limited to: falling; slick or uneven surfaces; surface and subsurface conditions; visibility; collisions and encounters with other participants and sports equipment; equipment failures or malfunctions; adverse weather; fatigue; exhaustion; dehydration; & mental distress from exposure to any of the above. Participant is responsible for reading, understanding, and complying with all signage, rules, and regulations. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED VOLUNTARILY CHOSE FOR HOLDER TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
In consideration for the Participant to participate in the Activity, THE UNDERSIGNED AGREE NOT TO SUE the Community Outreach Soccer Association (“COSA”), and all the respective affiliates, subsidiaries, insurance companies, successors in interest, agents, employees, representatives, assignees, officers, directors of the Community Outreach Soccer Association (“COSA”) and their affiliated entities including but not limited to those that operate joint recreational programs (hereinafter a "Released Party") for any property damage (including equipment damage), injury or loss to Participant, including death, that Participant may suffer, arising in whole or in part out of Participant's participation in the Activity. By agreeing not to sue, the Undersigned are releasing any right to make claim or file a lawsuit against any Released Party. The UNDERSIGNED AGREE TO HOLD HARMLESS AND RELEASE EACH AND EVERY RELEASED PARTY FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Participant's participation in the Activity, including, but not limited to, those claims based on any Released Party's alleged or actual NEGLIGENCE or BREACH of any CONTRACT and/or express or implied WARRANTY. By execution of this Agreement, the Undersigned also AGREE TO DEFEND AND INDEMNIFY/REIMBURSE each Released Party from any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant's participation in the Activity.
THE UNDERSIGNED AGREE THAT ANY AND ALL CLAIMS for injury and/or death regarding an alleged incident SHALL BE GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION shall be in Morgan County. In the case of a minor, the Undersigned parent or legal guardian acknowledges that he/she is signing on behalf of the minor and that the minor shall be bound by all terms of this Agreement. By signing this Agreement, without a parent or legal guardian's signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant. The Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned's intent that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
THE UNDERSIGNED REPRESENTS THAT HE OR SHE IS THE PARTICIPANT OR LEGAL PARENT OR GUARDIAN OF THE PARTICIPANT. THE UNDERSIGNED AGREES TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEY FEES, ARISING FROM ANY MISREPRESENTATIONS MADE IN THE APPLICATION OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS WAIVER, PLEASE REGISTER IN PERSON OR CALL.
