Colonial Curling Association, Inc. RELEASE AND WAIVER OF LIABILITY
PLEASE READ THIS RELEASE AND WAIVER OF LIABILITY (“RELEASE”) CAREFULLY AND IN ITS ENTIRETY. IT IS A BINDING LEGAL DOCUMENT AND BY SIGNING IT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COLONIAL CURLING ASSOCIATION, INC. (“CCA”) AND OTHER ENTITIES LISTED BELOW.
The undersigned, a participant of CCA hereby agree as follows:
ACKNOWLEDGEMENT OF RISKS
I understand there are certain dangers, hazards and risks (foreseen and unforeseen) (collectively, the “Risks”) inherent in attending and participating in the activities of CCA including, without limitation, risks related to use of equipment and facilities, off ice activities that are part of the CCA program, personal safety (including risks of minor, serious or mortal personal injury), and property loss or damage. I understand as a participant at CCA, I will voluntarily be participating in significant physical activity, some of which may be strenuous, and I will also be participating in activities held at locations that may also present certain dangers, hazards and risks. I understand CCA is not an agent of and has no responsibility for any third party that may provide any services, equipment, facilities, accommodations, transportation or activities related to CCA’s programs.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY
In recognition of the Risks associated with attending and participating in CCA activities, I confirm I am physically and mentally capable of attendance and participation in all activities and use of all equipment. In anticipation of my participation at CCA I have had the opportunity, if necessary, to consult with my physician regarding my health and my participation in CCA activities and I represent that I can participate in all activities associated with CCA’s program. I am willingly and voluntarily attending and participating, and I agree I am assuming all Risks inherent in, arising from or related to my attendance and participation at CCA. I authorize CCA to arrange for medical treatment for me should I become ill or incapacitated without incurring any liability. I release CCA from any liability for the quality, timeliness and outcome of any such medical care received. I understand I am responsible for all medical expenses I incur during my participation in the programs and activities of CCA.
PARTICIPANT RESPONSIBILITIES
During my attendance and participation at CCA activities, which may include travel to and from and participation in activities at other locations, I will act in a responsible manner, will abide by the instructions of any CCA or affiliated personnel, and will comply and follow the rules and regulations of CCA and any facility at which CCA activities may take place.
MEDIA RELEASE
I authorize CCA to use without further consent or compensation for CCA’s marketing and other purposes all photographic images and video or audio recordings of me made by CCA during its programs, activities and events.
WAIVER OF CCA LIABILITY/COVENANT NOT TO SUE/RELEASE AND HOLD HARMLESS
In consideration of my attendance and participation at CCA, including any off ice activities, and knowing the Risks of attending and participating in CCA’s programs, I agree to forever RELEASE (i) CCA; (ii) the Grand National Curling Club (GNCC); (iii) the United States Curling Association (USCA), and (iv) any ice rink or other facility or location at which CCA activities occur (collectively, “Facility”); (v) the respective successors and assigns of each of CCA, GNCC, USCA and the Facility; and (vi) the respective employees, volunteers, officers, and directors of each of CCA, GNCC, USCA and the Facility (collectively, the “Releasees”) from any and all liability and for any and all claims, demands, and causes of action for any and all loss of personal property, illness or injury to me, including loss of life, arising out of, caused by or occurring during, or in any way connected with CCA and/or any travel incident thereto however the injury or loss is caused, including whether caused by the negligence of myself, CCA, another CCA participant, a Facility or otherwise. I COVENANT NOT TO SUE and agree to forever INDEMNIFY AND HOLD HARMLESS the Releasees from any and all causes of action, claims, demands, losses, or costs of any nature (including reasonable attorneys’ fees in defending any such claim or cause of action brought against CCA) arising out of or related to my participation in any way in the programs and activities of CCA.
ACKNOWLEDGEMENT
It is my express intent that this Release shall bind me, my family, estate, heirs, administrators, personal representatives or assigns. The term CCA includes CCA’s current and former officers, directors, employees, volunteers, agents, contractors, other participants at CCA, and their representatives and assigns. I acknowledge that I have read and understand this document and the RELEASE, COVENANT NOT TO SUE AND HOLD HARMLESS provisions. I understand this Release shall be construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its choice of law rules, and that the Massachusetts courts in Worcester County shall be the forum for any lawsuits filed against CCA or under or incident to this Release. The terms and provisions of this Release shall be severable, such that if a court of competent jurisdiction holds any term to be illegal, unenforceable, or in conflict with any law governing this Release the validity of the remaining portions shall not be affected thereby, and each and every term and condition of this Release shall be valid and enforced to the fullest extent and in the broadest application permitted by law.