Liability waiver
Sample Business
This Liability Waiver and Release (this "Agreement") is given by the person signing below (referred to as "Participant," "I," "me" or "my") in favor of Sample Business (referred to as "Provider"). It applies to the services or activities described below (the "Activity").
Date(s) of the Activity
Location
I understand that the Activity has risks that cannot be removed completely, even when Provider uses reasonable care. These risks can result in serious injury, illness, damage to property and, in rare cases, death. They include, but are not limited to, the following:
- Physical activity can cause strains, sprains, falls, collisions, fatigue and other injuries.
- Floors, stairs, wet areas, uneven ground and clutter can cause slips, trips and falls.
- Equipment, tools or supplies can fail, tip, break, or be used incorrectly by anyone present.
- Property in or near the location can be damaged, lost or stolen even when reasonable care is taken.
- Travel to, from or during the Activity, whether on foot or by vehicle, carries a risk of accident.
There may be other risks that are not listed here, that are not known to me, or that cannot be foreseen. I have had the chance to ask Provider questions about the Activity.
I choose to take part in the Activity voluntarily. I knowingly and freely accept and assume all of the risks of the Activity, whether or not they are listed above, including the risks of ordinary negligence by the Released Parties (defined below), to the extent allowed by law.
I confirm that I am in good enough health to take part, that I have no condition that would make taking part unsafe other than those I have told Provider about, and that I will stop and tell Provider if I feel unwell.
TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE AND FOREVER DISCHARGE Provider and its owners, employees, contractors, volunteers, agents and insurers (together, the "Released Parties") from all claims, demands, losses, damages, costs and liabilities of any kind, known or unknown, that I have or may have in the future for injury, illness, death or loss of or damage to property that arises out of or relates to the Activity, including claims based on the ordinary negligence of the Released Parties.
This release does not apply to claims arising from the gross negligence or the intentional, willful or reckless misconduct of any Released Party. Those claims are not released.
This release also binds my heirs, executors, administrators, personal representatives and assigns.
To the fullest extent permitted by law, I agree not to bring a lawsuit or other legal claim against any Released Party for any claim that I have released in this Agreement. This promise does not apply to claims that cannot be released by law, including the claims described in the second paragraph of the release above.
To the extent permitted by law, I agree to indemnify and hold harmless the Released Parties from losses, damages, liabilities and reasonable costs, including reasonable attorney's fees, that result from (a) my breach of this Agreement, (b) my own negligent or intentional acts, or (c) a claim brought by or for me, that this Agreement releases. This does not require me to cover losses caused by the gross negligence or the intentional, willful or reckless misconduct of a Released Party.
If I am injured or become ill during the Activity and cannot make decisions, I authorize Provider to call emergency services and to arrange emergency treatment. I am responsible for the resulting costs.
If a court finds any part of this Agreement to be invalid or unenforceable, that part will be limited or removed to the smallest extent necessary, and the rest of this Agreement will stay in effect.
This Agreement is the whole agreement between me and Provider about its subject. It can be changed only in a writing signed by both of us. It applies to every occasion on which I take part in the Activity unless a later signed agreement replaces it.
This Agreement is governed by the laws of the State of Ohio, without regard to its conflict of laws rules. Whether and how far a release is enforced can depend on the law that applies.
I HAVE READ THIS DOCUMENT, UNDERSTAND IT, AND SIGN IT VOLUNTARILY. I understand that I am giving up legal rights, including the right to sue for ordinary negligence, and that I have had the chance to ask questions and to talk to a lawyer before signing.
Participant printed name
Participant signature
Date