In consideration of the risk of
injury while participating in Trot 2 Yacht (the "Activity"), and as
consideration for the right to participate in the Activity, I hereby, for
myself, my heirs, executors, administrators, assigns, or personal
representatives, knowingly and voluntarily enter into this waiver and release
of liability and hereby waive any and all rights, claims or causes of action of
any kind whatsoever arising out of my participation in the Activity, and do
hereby release and forever discharge Flying Unicorn Racing, their affiliates,
managers, members, agents, attorneys, staff, volunteers, heirs,
representatives, predecessors, successors and assigns, for any physical or
psychological injury, including but not limited to illness, paralysis, death,
damages, economic or emotional loss, that I may suffer as a direct result of my
participation in the aforementioned Activity, including traveling to and from
an event related to this Activity.
Ι am voluntarily participating in
the aforementioned activity and I am participating in the activity entirely at
my own risk. I am aware of the risks associated with traveling to and from as
well as participating in this activity, which may include, but are not limited
to physical or psychological injury, pain, suffering, illness, disfigurement,
temporary or permanent disability (including paralysis), economical or
emotional loss, and death. I understand that these injuries or outcomes may
arise from my own or other negligence, conditions related to travel, or the
condition of the activity location(s). Nonetheless, I assume all related risks,
both known and unknown to me, of my participation in this activity, including
travel to, from, and during this activity.
I agree to indemnify and hold harmless Flying Unicorn Racing
against any and all claims, suits or actions of any kind whatsoever for
liability, damages, compensation or otherwise brought by me or anyone on my
behalf, including attorney's fees and any related costs, if litigation arises
pursuant to any claims made by me or by anyone else acting on my behalf. If
Flying Unicorn Racing incurs any of these types of expenses, I agree to
reimburse Flying Unicorn Racing.
I acknowledge that Flying Unicorn
Racing and their directors, officers, volunteers, representatives and agents
are not responsible for errors, omissions, acts or failures to act of any party
or entity conducting a specific event or activity on behalf of Flying Unicorn
Racing.
I acknowledge that this Activity may
involve a test of a person's physical and mental limits and may carry with it
the potential for death, serious injury, and property loss. The risks may
include, but are not limited to, those caused by terrain, facilities,
temperature, weather, lack of hydration, condition of participants, equipment,
vehicular traffic and actions of others, including but not limited to,
participants, volunteers, spectators, coaches, event officials and event
monitors, and/or producers of the event.
I acknowledge that I have carefully read this
“waiver and release” and fully understand that it is a release of liability. I
expressly agree to release and discharge Flying Unicorn Racing and all of it’s
affiliates, managers, members, agents, attorneys, staff, volunteers, heirs,
representatives, predecessors, successors, and assigns from any and
all claims or causes of action and I agree to voluntarily give up or waive and
right that I otherwise have to bring a legal action against Flying unicorn
Racing for personal injury or property damage.
To the extent that statute or case law does not prohibit
releases for negligence, this release is also for negligence on the part of
Flying Unicorn Racing, its agents, and employees.
In the event that I should require
medical care or treatment, I agree to be financially responsible for any costs
incurred as a result of such treatment. I am aware and understand that I should
carry my own health insurance.
In the event that any damage to
equipment or facilities occurs as a result of my or my family's willful
actions, neglect or recklessness, I acknowledge and agree to be held liable for
any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm's-length, without
duress or coercion, and is to be interpreted as an agreement between two
parties of equal bargaining strength. Both the Participant, and Flying Unicorn
Racing agree that this Agreement is clear and unambiguous as to its terms, and
that no other evidence will be used or admitted to alter or explain the terms
of this Agreement, but that it will be interpreted based on the language in
accordance with the purposes for which it is entered into. In the event that any provision
contained within this Release of Liability shall be deemed to be severable or
invalid, or if any term, condition, phrase or portion of this agreement shall
be determined to be unlawful or otherwise unenforceable, the remainder of this
agreement shall remain in full force and effect, so long as the clause severed
does not affect the intent of the parties. If a court should find that any
provision of this agreement to be invalid or unenforceable, but that by
limiting said provision it would become valid and enforceable, then said
provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following
person(s) in the order presented:
Emergency Contact Contact
Relationship Contact Telephone
I, the undersigned participant,
affirm that I am of the age of 18 years or older, and that I am freely signing
this agreement. I certify that I have read this agreement, that I fully
understand its content and that this release cannot be modified orally. I am
aware that this is a release of liability and a contract and that I am signing
it of my own free will.
Participant's Name:
Participant's Address:
Signature:
Date:
PARENT
/ GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of
consent (18 years of age), then this release must be signed by a parent or
guardian, as follows:
I hereby certify that I am the parent or guardian of , named
above, and do hereby give my consent without reservation to the foregoing on
behalf of this individual.
Parent / Guardian Name:
Relationship to Minor:
Signature:
Date: