WAIVER AND RELEASE OF LIABILITY FORM
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALLACTIVITIES SPONSORED OR ORGANIZED BY SMOKE & STEEL, LLC
(hereinafter “the Activities”), including by way of example and not limitation, any risks that may arise from negligence, carelessness, gross negligence, willful misconduct on the part of the entities or persons being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, from failure to take reasonable steps to safeguard or protect me from the risks, dangers, and/or hazards of participating in the Activities or because of their possible liability without fault.
I acknowledge that this Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the Activities in which I may participate, and that it will govern my actions and responsibilities in connection with the Activities.
In consideration of my application and permitting me to participate in these activities, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns (collectively the “Releasors”) as follows:
(A) I hereby WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence, gross negligence, willful misconduct or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, THE FOLLOWING ENTITIES OR PERSONS: Smoke & Steel, LLC and/or its members, managers, officers, employees, volunteers, insurers, representatives, and agents, and the activity sponsors, organizers, planners, supervisors, participants and volunteers (collectively the “Releasees”);
(B) I hereby INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Releasees from any and all liabilities or claims made as a result of participation in these activities, whether caused by the negligence, gross negligence, willful misconduct or fault of the entities or persons released or otherwise.
I acknowledge that Releasees are NOT responsible for the errors, omissions, acts, or failures to act of any person or entity conducting a specific activity on their behalf.
I acknowledge that the Activities are inherently risky and dangerous, and there is a possibility of personal injury, death, property damage and/or loss resulting therefrom. The risks include, but are not limited to, those caused by the nature of the activity, facilities, condition of participants, equipment, and the actions or omissions of other people including, but not limited to, sponsors, organizers, planners, supervisors, participants and volunteers of these activities.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during these activities. In the event I require transport to a medical facility, I agree to pay for such transportation and any medical treatment.
Neither I nor any of the Releasors will make any claim or take any proceedings against any other entity or person who might claim, in any manner or forum, contribution or indemnity in common law or in equity. If Releasors (or any of them) commence such an action, or take such proceedings, and the Releasees (or any of them) are added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasors will immediately discontinue the proceedings and/or claims, and the Releasors will be jointly and severally liable to the Releasees for the legal costs incurred in any such proceeding, on a substantial indemnity basis. This Waiver and Release of Liability shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future by the Releasors with respect to the matters covered by this Waiver and Release of Liability. This Waiver and Release of Liability may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by the Releasors in any subsequent action that the other parties in the subsequent action were not privy to formation of this Waiver and Release of Liability. I acknowledged that this Waiver and Release of Liability contains the entire agreement between the parties hereto, that the terms of this Waiver and Release of Liability are contractual, are not a mere recital, and any breach of these terms may be enforced against the Releasors, and may give rise to a damage claim against the Releasors enforceable by a further legal proceeding. I further acknowledge that the Releasees have not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.
I agree that this Waiver and Release of Liability shall be governed by the laws of the State of Maine and that any dispute arising from this Waiver and Release of Liability will be adjudicated by the court of jurisdiction in Bangor, Maine, and the Releasors will hereby attorn to the exclusive jurisdiction of said Court for this purpose.
I understand that while participating in these activities, I may be photographed, videotaped or filmed. I hereby grant Smoke & Steel, LLC non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that Smoke & Steel, LLC will own such images and further grant Smoke & Steel, LLC permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to their business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image prior to its use.
The Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I AM OF FULL AGE OF MAJORITY AND THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. I FURTHER CERTIFY THAT I AM NOT UNDER THE INFLUENCE OF ANY SUBSTANCES, INCLUDING ALCOHOL, MARIJUANA, ILLICIT DRUGS, OR PRESCRIPTION DRUGS WHICH MAY AFFECT OR IMPAIR MY MOTOR SKILLS, JUDGMENT, OR GENERAL ABILITY TO THINK AND ACT CLEARLY.
Sun Oct 1, 2023
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Participant's or Legal Guardian Signature
Sun Oct 1, 2023