WAIVER AND RELEASE OF LIABILITY
Pursuant to the terms and conditions of this Waiver and Release of Liability (this “Release”), I hereby assume all of the risks of following, participating or otherwise using the Kelly Clark Snowboarding Program, and/or the website www.KellyClarkSnowboarding.com (the “Website”) (collectively, the “Activity”).
I, for myself and on behalf of my heirs, assigns, personal KellyC, Ltd., Kelly Clark Snowboarding], Kelly Clark and their respective licensees, successors, and assigns (the “Releasees”) from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity (including court costs and reasonable attorneys’ fees), which arise or may hereafter arise from the Activity, including claims arising out of negligence, dangerous or instructions provided by Releasees or any property owned, maintained, or controlled by the Releasees, or because of the Releasees possible liability without fault. I agree and acknowledge that participating in the the Activity is inherently dangerous and the risk of injury from the Activities is significant, including the potential for permanent paralysis and/or death, and additional risks, including without limitation, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, and actions of other people. I hereby expressly assume the risk of injury or harm from the Activity, both known and unknown, and release the Releasees from all liability for injury, illness, death, or property damage resulting therefrom. I further agree that in case of any action being brought for or on behalf of me on account of any loss, damage, injury or death sustained by me while participating in the Activity, or any related activities (including, but not limited to using the Website), that I will be personally responsible and agree to repay to Releasees and defend and hold each of them harmless against any amounts recovered against any of them in connection with any such action and all related costs incurred by Releasees.
I acknowledge and agree that this Release discharges and releases the Releasees from any liability or claim that I may have against any of the Releasees with respect to bodily injury, emotional injury, tort claims, personal injury, illness, death, or property damage that may result from my participation in the Activity or using the Website.
I represent and warrant that I am in good physical condition, able to safely participate in the Activity, have no medical conditions that may affect my ability to participate in the Activity. I further certify that I have sufficiently prepared or trained for participation in the 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 the Activity. I represent and warrant that I have sufficient medical insurance and understand that I am solely responsible for any medical bills if an injury occurs. Further, I understand that the Releasees do not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health or disability benefits or insurance of any nature in the event of my injury, illness, death or damage to property. I expressly waive any such claim for compensation or liability on the part of the Releasees.
I expressly agree that this Release is intended to be as broad and inclusive as permitted by all applicable laws. I agree that in the event that any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected. This Release may be pleaded as a complete defense to any action or other proceeding which may be brought, instituted, or taken by me or any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by me (if relevant under the applicable laws) against any or all of the Releasees.
By signing below, I express my understanding and intent to enter into this Release knowingly and voluntarily and fully understand its content.
BY INDICATING MY ACCEPTANCE OF THIS RELEASE, I AM AFFIRMING THAT I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM AGREEING TO THIS RELEASE FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF I AM AGREEING ON BEHALF OF A MINOR OR INCAPACITATED ADULT, I CERTIFY THAT I AM THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT