Release, Indemnification, and Hold Harmless Agreement
I request that I be allowed to participate in Sea Dragon Swimming club related activities. In consideration of participating in said activities, and for other good and valuable consideration, I hereby agree to release and discharge from any and all liability arising from negligence the following: Sea Dragons Swimming and Inc., South Dearborn Swimming, and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"). I make this agreement on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
I acknowledge that swimming involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, jumping off the diving board, going under water, etc.; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
I expressly accept and assume all the risks inherent in this activity or that might have been caused by the negligence of the Releasees. Participation in this activity is purely voluntary and I consent to participation despite the risks. In addition, if at any time I believe the event conditions are unsafe or am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with participation in this activity, or use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.
I represent that I have adequate insurance to cover any injury or damage that may be suffered or caused while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with their safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
In the event that I file lawsuit, I agree to do so solely in Indiana, and I further agree that the substantive law of that state shall apply.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By checking the box below, I agree that if I am hurt or my property is damaged during participation in this activity that I may be found by a court of law to have waived my rights to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater I were to choose not to agree to this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
I HAVE READ THE ABOVE STATEMENTS AND INDICATE MY AGREEMENT.
Enter your initials to indicate acceptance: