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WARNING OF RISK    
 
Sportsplex and Aquatic activities challenge and engage the physical, mental and emotional resource of each participant.  However, despite careful and proper preparation, precautions, instruction, medical advice, conditioning and equipment, there still is a risk of exposure to waterborne diseases and illnesses and the risk of serious physical injury, including but not limited to drowning, head/brain injury and spinal cord injury.  Understandably not all hazards and damages can be foreseen.  The very nature of aquatic activities are hazardous and risky, including but not limited to fatigue and overexertion, failing to avoid dangerous areas, failing to follow rules and regulations, failure of attendants to locate victims and/or delay in emergency response time, horseplay, inadequate supervision or instruction, lack of conditioning, becoming disoriented, striking other participants, striking one’s head on the ground, slip and falls upon the deck or within restrooms, exposure to waterborne illnesses/diseases, and all other circumstances inherent to aquatic activities.  In this regard, it is to be recognized that it is impossible for the City of Opelika and The Parks and Recreation Board of the City of Opelika to guarantee absolute safety. 
 
RELEASE AND INDEMNITY    
 
I, the participant and/or the parent/guardian of the participant agree and understand that aquatics activities, including swimming in the indoor pool and/or use of the Sportsplex, aquatics, and splashpark facilities are HAZARDOUS activities.  I recognize that there are risks inherent in the use of said facilities including but not limited to, the contraction of waterborne illnesses, paralyzing injuries and death.  In consideration of the benefits to be gained by myself/my child, I hereby consent to my/my child’s participation in Sportsplex and aquatic activities, including but not limited to the use of the equipment, indoor pool and splashpark at the Opelika Sportsplex located at 1001 Andrews Road in the City of Opelika under the control and jurisdiction of the City of Opelika.  I recognize and acknowledge that there are certain inherent risks of physical injury or to the exposure to waterborne diseases to patrons of the Sportsplex and aquatic facilities, and I voluntarily agree to assume the full risk of any injuries, illnesses, damages or loss, regardless of the severity thereof, that I or my minor child/ward may sustain as the result in engaging in any activities at the Opelika Sportsplex.  The risk of injury includes, but is not limited to, minor injuries such as abrasions and bruises, and more serious injuries such as broken bones, muscle pulls and dislocations.  The risk of injury also includes catastrophic injury such as permanent paralysis or even death.  The risk of illness includes the exposure to waterborne illnesses, including E-coli, Cryptosporidiosis and other infections.  I understand that even with caution, reasonable hygiene and proper chlorination, waterborne bacteria and parasites can infect swimmers and other participants in aquatic activities who swallow and inhale even small amounts of water.  Symptoms of waterborne illnesses include cramps, nausea, fever and severe diarrhea.  With the full knowledge of the potential risks for injury, illness or disease, I hereby give my consent to participate and/or give my minor child permission to participate in such activities and/or give my ward permission to participate and represent that I have full legal authority to provide such consent. 
 
The participant and/or the parent/guardian of the participant authorizes any representative of the Opelika Sportsplex to have the participant treated or to have their child/ward treated in any medical emergency during their participation in aquatics activities at the Sportsplex. Further, the participant and/or parent/guardian agrees to pay all costs associated with medical care and transportation for the participant or child/ward. 
 
On behalf of myself, my child, my ward, my heirs, assigns, and personal representatives, I hereby voluntarily release, waive, forever discharge and agree to indemnify and hold harmless the City of Opelika, a municipal corporation, the Parks and Recreation Board of the City of Opelika and each of their officers, officials, directors, agents and employees from any and all liability for any and all claims, demands, damages, losses, causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, arising from the participant’s use or intended use of the all facilities in the Opelika Sportsplex, including the use of the indoor pool and/or splashpark.  The undersigned participant, parent or guardian further agrees to save and hold harmless and indemnify each the City of Opelika, The Parks and Recreation Board of the City of Opelika, their officers, officials, agents, and employees from all liability, loss, costs, claim or damage whatsoever, which may be imposed upon any of them because of any defect in or lack of such capacity to so act of any minor child or ward and release the above parties on behalf of the minor child/ward and the parents or legal guardians. 
 
I hereby agree to INDEMNIFY, HOLD HARMLESS AND PROMISE NOT TO SUE  the City of Opelika, The Parks and Recreation Board and their officers, officials, directors, agents, and employees from all liabilities or claims made as a result of participation in said aquatic activities, whether caused by negligence or otherwise.                   
 
I understand that participation in said activities is strictly voluntarily and I freely choose to participate.                   
 
I have carefully read this release of liability and understand and fully agree with its contents.                       
 
THIS IS A RELEASE OF LIABILITY.  DO NOT  INITIAL IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.

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CONSENT AND RELEASE: PLEASE READ CAREFULLY BEFORE PROCEEDING!

This Consent, Release and Waiver of Liability (the "Release") is hereby executed on the date written below by the undersigned participant or volunteer (the "Participant") in favor of the American Cancer Society, Inc., their affiliated divisions and entities, including in each case, without limitation, their directors, officers, employees, volunteers, and agents (collectively "ACS"). The Participant desires to engage in certain activities and/or events with ACS, including but not limited to Relay for Life® and/or Making Strides Against Breast Cancer® (the "Activities") and understands that his/her participation in these Activities may include but are not limited to camping, picnicking, walking, jogging, running, bicycling, golfing, other recreational activities, and any other events or activities reasonably anticipated to be performed by Participant as a part of or in any way associated with ACS Activities. The Participant acknowledges that he/she derives personal satisfaction and a benefit by virtue of his/her participation with the ACS and/or performing the Activities discussed above, and Participant willingly engages in these Activities.

The Participant hereby freely, voluntarily, and without influence from anyone or duress of any kind executes this Release and consents and agrees to each of the following:

RELEASE AND WAIVER. THE UNDERSIGNED PARTICIPANT HEREBY RELEASES, WAIVES AND FOREVER DISCHARGES ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST ACS, INCLUDING ITS SUCCESSORS AND ASSIGNS, EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, FAULT OR MISCONDUCT OF ANY KIND ON THE PART OF ACS FOR DAMAGES OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO DEATH, BODILY OR PERSONAL INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH PARTICIPANT, HIS/HER HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON THEIR BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE PERFORMANCE OF PARTICIPANT'S ACTIVITIES AND/OR PARTICIPATION WITH ACS ACTIVITIES.

ASSUMPTION OF THE RISK. The Participant understands that the Activities include work that may be hazardous to the Participant, including but not limited to camping, picnicking, walking, bicycling, jogging, and running, and any other activities reasonably anticipated to be performed by Participant as a part of or in any way associated with ACS Activities, and hereby knowingly assumes the risk of injury, harm and loss associated with the Activities and participation with the ACS, including any injury, harm and loss caused by the negligence, fault or misconduct of any kind on the part of ACS.

MEDICAL TREATMENT. Participant does hereby release and forever discharge ACS from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Participant's Activities with ACS. Participant hereby grants permission to ACS to render preventative or first-aid assistance or seek treatment or medical care that seems reasonably necessary, including hospitalization, for Participant's health and well-being. Participant agrees that ACS may give out any and all medical information, including Participant's personal health information ("PHI"), to any physicians, hospitals, ambulance companies, or any other health care provider in the event of an emergency and/or hospitalization, as reasonably necessary for purposes related to Participant's treatment.

WEB PAGE CONTENT. ACS provides web pages to participants of its signature events such as Relay For Life® and Making Strides Against Breast Cancer® ("Participant Pages") as a service. All donations received through the Participant Pages are contributions for which no goods and services have been provided. Therefore, Participant Pages shall not contain any language which suggests that merchandise will be provided in exchange for their contribution. Participants are expressly prohibited from offering merchandise sales, prizes, raffles, giveaways, lotteries, contests, tournaments, lucky draws, or any games of chance on their Participant Pages either as an outright token action or as an inducement to solicit donations. As a Participant, you are limited to disseminating information that is for the benefit of ACS Relay For Life® and ACS Making Strides Against Breast Cancer®. The Participant Pages are expected to represent ACS in a professional manner in accordance with the ACS Internet Privacy Policy. Furthermore, Participants are expressly prohibited from including information on their Participant Pages that are inconsistent with ACS's mission and values. Participant Pages shall not advertise for-profit business. Examples of prohibited subjects include, but not are limited to, the sale or promotion of any goods or services, an endorsement or perceived endorsement of any goods or services, support or opposition of a political party or a political candidate, materials affiliated with tobacco or tobacco-related products and any other products inconsistent with ACS's mission, content of any nature which may result in fraud or misrepresentation to the public, pornographic or otherwise offensive sexual materials, racially or ethnically prejudicial materials, overtly religious materials or any other information that may be offensive to the general public. ACS reserves the right to edit or remove any participant page that ACS deems in violation of these policies and standards.

IMAGE RELEASE. Participant does hereby grant and convey unto the American Cancer Society, Inc. all right, title, and interest in any and all photographic images and video or audio recordings made by the American Cancer Society, Inc. during the Participant's Activities with the American Cancer Society, Inc., including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. Participant hereby releases, discharges and agrees to save harmless ACS, its legal representatives or assigns, and all persons acting under its permission or upon its authority or for whom it is acting, from any liability by virtue of any publication of Participant's likeness, including, without limitation, claims for libel or invasion of privacy.

THE FOLLOWING MUST ALSO BE COMPLETED BY PARENT OR GUARDIAN IF PARTICIPANT IS A MINOR CHILD UNDER 18 YEARS OF AGE:

In consideration of the minor child's (under 18 years of age) (Minor Participant) participation in ACS Activities the undersigned in his/her capacity as Minor Participant's parent or guardian, hereby (a) give permission for the Minor Participant, who is my child or ward, to participate voluntarily in ACS Activities and/or perform the Activities referenced in the Release, and (b) understand that this Release forever releases, waives and discharges any and all liability, claims, and demands of whatever kind or nature against ACS, including ACS's successors and assigns, either in law or in equity, to the fullest extent permissible by law, including but not limited to the negligence, fault or misconduct of any kind on the part of ACS for damages or causes of action, including but not limited to death, bodily or personal injury, illness, economic loss or out of pocket expenses, or loss or damage to property, which Minor Participant, his/her heirs, assignees, next of kin and/or legally appointed or designated representatives, may have or which may hereinafter accrue on their behalf, which arise or may hereafter arise from the performance of Minor Participant's Activities and/or his/her participation in ACS Activities.

I also acknowledge reading and understanding all of the terms and conditions set forth in the Release signed by my child or ward, and consent and agree to each and every term and condition contained in the Release.

Checking the box below, and completing this registration does prove that you are consenting to the waiver & release of certain legal rights as set forth in this release and waiver of liability agreement.

I understand that this document is intended to be as broad and inclusive as is allowed by law and that if any portion is held invalid the remaining will continue in full legal force and effect.

I UNDERSTAND THAT BY INITIALING THIS DOCUMENT I AM BEING LEGALLY BOUND BY THE TERMS OF THIS RELEASE AND WAIVER OF LIABILITY.














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