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PARTICIPANT WAIVER
I the undersigned, enter into this agreement in consideration
of being permitted to participate in North Idaho Senior Games and/or enter into
for any purpose any restricted area (herein defined as the area to which
admission by general public spectators is prohibited and in addition consisting
of the planned route, or any other area which the participant chooses to access
by any mode of transportation), or being permitted to compete, officiate,
observe, work for, or for any purpose participate in anyway in the North Idaho
Senior Games. By entry of this agreement, I represent warrant and covenant as
follows:
1.
I warrant and represent that I am in good physical
health and condition and I am physically able to compete in any events I have
selected. I know of no physical restrictions whatsoever which would prohibit my
participation in the events I have selected. I am of sound mind, free of legal
disability and capable of binding entry into this agreement. I have been advised
that it would be in my best interest to consult my physician prior to my
preparation in regard to participation in the North Idaho Senior Games. I
recognize and understand that the preparation and completion may necessitate
strenuous physical activity, and could possibly activate any unrecognized
pre-existing medical conditions including but not limited to cardiovascular
disorder which I may have, thereby resulting in serious or life threatening harm
to me.
2.
I hereby release, waive, discharge, covenant not
to sue, agree to indemnify and hold harmless the North Idaho Senior Games and
promoters, sponsors, advertisers, hosts, operators, officials, other
participants and any persons in a restricted area, owners and lessees of
premises used to conduct the events and each of them, their respective
administrators, officers, directors, and employees (collectively referred to
herein as “released parties”) from any and all actions, causes of action and any
claim or demand whatsoever of any kind or nature on account of injury to person
or property or resulting in death of, or injury to the undersigned which I, my
representatives, heirs, from any and all actions, causes of action and any claim
or demand whatsoever of any kind or nature on account of injury to person or
property or resulting in death of, or injury to the undersigned which I, my
representatives, heirs, next of kin or assigns may have or at anytime in the
future have as a result of my participation in the North Idaho Senior Games,
whether caused by the negligence of the released parties or other wise while the
undersigned is in or upon the restricted area and/or competing, officiating,
observing, or working for, or for any other purpose participating in the North
Idaho Senior Games. I further agree that I shall hold the released parties
harmless from and indemnify each of them from any loss, liability, damage, or
costs including attorney fees that they may incur arising from claim made by or
through the undersigned.
3.
I hereby assume full responsibility for and risk of
bodily injury, death or property damage due to the negligence of the parties
released or otherwise while in or upon the restricted area and/or while
competing, officiating, observing or working for, or any purpose participating
in the North Idaho Senior Games. I expressly acknowledge and agree that the
activities at the North Idaho Senior Games and entry into the restricted areas
involved an element of danger and risk of serious and/or property damage. I have
or will immediately upon entering any of such restricted areas, and will
continuously thereafter inspect such restricted area or areas and all portions
thereof which I enter and with which I have contact, and further warrant that my
entry upon such restricted areas and participation, if any, in the event
constitute an acknowledgment that I have inspected such areas, find and accept
same to be safe and reasonable suited for the purpose of my use. I further agree
and warrant that if at anytime while in or about restricted areas or
participation in any event, I feel anything to be unsafe, I will immediately
advise the officials of such and will leave the restricted area or cease
participation in the event.
4.
In the event that I sustain injury or illness while
participating in the North Idaho Senior Games or while being in a restricted
area, I hereby authorize and permit any emergency, first aid, medication,
medical treatment or surgery deemed necessary by licensed medical personnel. I
also give my permission for attending medical personnel to execute on my behalf
any permission forms or other necessary medical documents and to act on my
behalf if I am not immediately available to do so. The name and phone number of
the person whom I wish to have contacted in such an emergency is listed below.
5.
I hereby give my permission to the North Idaho
Senior Games, its sponsors and agents, to use or publish photography taken of me
during the North Idaho Senior Games, or to use my name in connection therewith,
without any remuneration, in any advertising promotional materials they may
prepare and utilize in the promotion of the North Idaho Senior Games.
6.
This waiver, release and indemnification agreement
specifically embraces each and every sport event sanctioned, authorized or
promoted by the released parties during the entire North Idaho Senior Games and
applies to each and every sport or activity and has the same effect as if
executed after each and every activity or sport in which the undersigned so as
the parties herein intended to be released and indemnified shall be fully and
effectively released and indemnified as to each and every such sport.
THIS AGREEMENT
CONTAINS A RELEASE AND SHOULD NOT BE SIGNED UNTIL FULLY READ AND UNDERSTOOD
The undersigned has read and
voluntarily signed this release and waiver of liability and indemnity agreement,
and further agrees that no oral representation, statements or inducement apart
from the foregoing written agreement has been made.
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