Atomic Betty Club Waiver

PLEASE READ CAREFULLY.  THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

1. Definitions

“Participant” means each individual listed on this form assisting with, taking part in and/or competing in activities or events with the Atomic Betty Club.

The “Undersigned” means each Participant, AND when a Participant is under age 18, it includes such Participant’s parent or legal guardian signing on behalf of himself/herself and on behalf of the minor Participant.

“Activity” means assisting with, taking part in, and/or competing in events with the Atomic Betty Club, and includes, but is not limited to, pre and post competition activities, biking, running, swimming and/or any other activities with the Atomic Betty Club.

“Released Party” means Atomic Betty LLC, any municipalities involved in the Activity, and any sponsors of the Activity and all of their respective insurance companies, directors, officers, managers, agents, employees, volunteers, sponsors, representatives, assigns, and independent contractors.

2. Assumption of Risk

The Undersigned expressly assume all risks associated with the Activity. The Undersigned recognizes that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity. The Undersigned further agree and understand that risks associated with the Activity, include, but are not limited to: strenuous physical exertion; falls; scrapes; broken bones; serious physical injury or death; equipment malfunction, unexpected loss of braking or handling; collisions with other people, objects, vehicles, or boats; varying weather conditions; rough water; drowning; dirt and paved surfaces; slick or uneven surface conditions; rocks; loose gravel; holes and potholes; debris; high speed; encountering wildlife and wild animals; theft of property; course configuration; sharing Activity areas or courses with others - directly involved and/or not directly involved in the Activity - and with boats or cars or other moving vehicles. The Undersigned know, understand, appreciate and agree to assume the risks of participating in the Activity.

The Undersigned agree and understand that Participant has the opportunity to inspect the Activity venues and courses prior to participating in the Activity and that Participant assumes the risk of all venue and course conditions, including but not limited to risks associated with design, construction, layout and/or obstacles.

A minor Participant’s parent or guardian acknowledges: 1) they have spoken to the minor Participant about the Activity; 2) the minor Participant understands and appreciates the risks of participating in the Activity; and 3) the minor participant has voluntarily decided to participate in the Activity.

3. Release of Liability and Indemnification

In consideration of allowing the Participant to participate in the Activity, the Undersigned agree to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY, all Released Parties FROM ANY AND ALL LIABILITY AND/OR CLAIMS for injury or death to persons or damage to property arising from the Participant’s participation in the Activity, including those injuries or damages CAUSED BY ANY RELEASED PARTY’s ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY. 

By signing this release (during membership enrollment or at an activity, , the Undersigned AGREE NOT TO SUE any Released Party and agree they are releasing any right to make a claim or file a lawsuit against any Released Party. The Undersigned further agree to defend and indemnify each Released Party for any and all claims of the Undersigned and/or a third party (including, but not limited to co-Participants, rescuers, parents or others) arising in whole or in part from the Participant’s participation in the Activity. The Undersigned agree to pay all legal costs, attorney fees, court costs and investigative costs incurred by any Released Party in defending a claim or suit brought by or on behalf of the Undersigned.

The Undersigned acknowledges and agrees this entire agreement shall be binding upon the spouse, subrogors, distributors, administrators, heirs, spouse, next of kin, executors, personal representatives and assigns of the Undersigned.

4. Representations of Participant and/or Parents or Legal Guardians

By signing this release without a parent or guardian’s signature, Participant represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the Participant, signer represents that he/she is the legal parent or guardian of the minor Participant. The Undersigned agree to indemnify the released parties for all liability claims, including attorney fees, arising from any misrepresentations made in this application or fraudulent execution of this agreement. 

Participant represents and agrees that they have been informed and understand all rules and regulations of participation in the Activity and they are responsible for reading, understanding and complying with all signage, rules, regulations and instructions regarding the Activity.

The Undersigned represent that the Participant is in good health, has no health problems that preclude participation; and has the skill and fitness level to participate in the Activity safely. The Undersigned grants permission to received first aid treatment, emergency medical treatment, and authorized any Released Party to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of any Released Party, medical attention is needed. The Undersigned agree that upon Participant’s transport to any such medical facility or hospital that the Released Party shall not have any further responsibility for Participant. Further, the Undersigned agree to pay all costs associated with such medical care and related transportation provided for Participant and shall indemnify and hold harmless the Released Party from any and all liability and/or claims associated with such medical care and/or related transportation.

In the case of a minor Participant, the undersigned parent or legal guardian acknowledges: 1) they are signing this release on behalf of the minor Participant; 2) they are waiving certain rights on behalf of the minor Participant that the minor Participant otherwise may have; 3) the minor Participant shall be bound by all the terms of this release. Additionally, the minor Participant’s parent or legal guardian voluntarily grants permissions for the minor Participant to take part in the Activity and acknowledges that but for such grant of permission, the minor Participant would not be permitted to participate in the Activity.

The Participant acknowledges and agrees that they are voluntarily participating in the Activity.

The Undersigned acknowledge and agree that this release is applicable to this and all subsequent Participation in any Activity with the Atomic Betty Club.

5.  Miscellaneous

In consideration for allowing the Participant to participate in the Activity, the Undersigned agree that any and all claims for injury and/or death arising from the Participant’s participation in the Activity shall be GOVERNED BY INDIANA LAW and EXCLUSIVE JURISDICTION of any claim shall be in the county court residing where the alleged incident occurred or in the Federal District Court for the Southern District of Indiana.

This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.

I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AND KNOWINGLY RELEASE CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE, INCLUDING WAIVING THE RIGHT OF FINANCIAL RECOVERY FOR INJURY, WHETHER THE INJURY RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY