PARTICIPANT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
THIS DOCUMENT INCLUDES A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ IT CAREFULLY BEFORE SIGNING.
I, on behalf of myself and my minor child and our personal representatives, agents, heirs, successors and assigns hereby agree to release Rastelli Kids Complex (RKC), its representatives, agents, employees, heirs, successors and assigns from any and all claims for negligence, breach of warranty, breach of contract, product liability, negligent treatment in a medical emergency and or all other causes of action which may arise from my or my child's participation in any activity. This waiver includes, but is not limited to liability arising from: use of the equipment; use of the facility; negligent instruction or supervision during any activity; and any negligent inspection or maintenance of the equipment or facility.
Assumption of Risk: I understand that RKC activities that involve an inherent degree of risk or danger. risks and dangers include injury, disability (temporary or permanent) and even death. Specific risks may include, but are not limited to: falls, impacts, strains and sprains, dislocations, herniations, broken bones, pain, and concussion. Catastrophic injuries are also inherent and possible. These include, but are not limited to: skull fractures, traumatic brain injury, spinal fractures, spinal injuries, permanent disability and even death. All risks exist because of the nature of the activity, the use of equipment (including but not limited to equipment failure), negligence (of other participants, coaches, staff, and others) and regardless of whether passive or active, and other causes which may or not be anticipated. I hereby assume all risks, known or unknown. I understand that my child's participation is voluntary and is done at his/her own risk. I understand that any and all risks may occur at either inside the facility or outside the facility.
Indemnification: I hereby agree to indemnify and hold harmless RKC from any loss, liability, damage, or cost RKC may incur due to my child's participation in the RKC activities and/or program.
Authorization for Medical Treatment: I hereby authorize RKC, its agents, employees, contractors or assigns to administer emergency first aid and to to seek medical attention, including emergency medical response. I agree to be financially responsible for any such medical attention obtained.
I hereby agree that RKC is not responsible for any personal property located in or at the facility operated by RKC, including its parking lot.
I hereby agree that any and claims and/or causes of action, including interpretation of the Agreement or otherwise, must be brought in the Superior Court of New Jersey, Gloucester County regardless of where any alleged cause of action arises. Any and all claims are to be governed by New Jersey Law.
I hereby agree that this Agreement shall not be construed for any purpose against the drafter.
I hereby agree that I hereby that this Agreement is legally binding and supersedes any other agreement, written or oral, with respect to the terms governed by this Release.
I hereby agree that this Release may only be modified if in writing and signed by all parties.
Should any provision of this Release be determined to be unenforceable, the remaining provisions shall remain in full force and effect.
I HAVE READ AND UNDERSTAND THE ABOVE. I AGREE THAT I HAVE SUFFICIENT INFORMATION AND HAVE BEEN GIVEN SUFFICIENT TIME TO ASSESS THE POTENTIAL DEGREE OF RISKS AND INJURIES. I AGREE TO BE BOUND BY THE TERMS OF THIS DOCUMENT FOR MYSELF AND FOR MY CHILD. I HEREBY AGREE THAT I AM ENTERING INTO THIS RELEASE VOLUNTARILY AND FOR GOOD AND VALUABLE CONSIDERATION, WHICH I EXPRESSLY ACKNOWLEDGE RECEIPT THEREOF. I UNDERSTAND THAT THIS IS A WAIVER OF RIGHTS AND THAT I AGREE TO SAID WAIVERS.