REQUEST FOR USE, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
The undersigned, for himself, herself or any personal representative, heirs, and next of kin (“Undersigned”), requests that Roam149 (“Provider”) provide access to and/or use of certain equipment, training, facilities, services and programs for personal use (collectively, “Activity” ). The Undersigned acknowledges, agrees and represents that the Undersigned: (I) is aware that the activity is dangerous and involves risks of serious injury, death, and/or property damage; (ii) is trained in the use or consumption of the Activity, (iii) is qualified, in good health and in proper physical condition to use or consume the Activity; (iv) is familiar with the use and consumption of the Activity and all laws, rules, safety requirements and regulations of all governmental authorities associated therewith; (v) shall act in a careful and proper manner when engaged in the Activity; and (vi) shall obey all laws, rules, safety requirements and regulations of all governmental authorities while engaged in the Activity. In consideration of being granted the right to engage in the Activity, the Undersigned has agreed to execute this Request for Use, Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement and be bound by the terms hereof.
Wherefore, the Undersigned, for himself/herself and for his/her personal representatives, heirs, next of kin, and assigns, acknowledges and agrees:
- To the fullest extent permitted by law, the Undersigned (and on behalf of the Undersigned’s personal representatives, heirs, next of kin, and assigns) RELEASES, WAIVES AND DISCHARGES, AND COVENANTS NOT TO SUE, the Provider, as well as its officers, directors, stockholders, members, employees, representatives, agents, parents, subsidiaries, sureties, insurance companies, lenders, affiliates, partners, joint ventures, attorneys, related entities, entities that share common owners as the Provider, predecessors, successors, and assigns (collectively, “Releases”), from any and all damages, losses, penalties, liabilities, costs, attorneys’ fees and expenses of any nature, and any demands, claims, suits, and causes of action therefor, arising out of or resulting from the Undersigned’s engagement in, access to or use of the Activity.
- The Undersigned ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF, INJURY TO HIS/HER PERSON OR HIS DEATH or injury or death to others or damage to his/her property or damage to property of others, whether caused by the negligence of the Releasees or otherwise, occurring during or as a result of the Undersigned’s engagement in, access to or use of Activity.
- To the fullest extent permitted by law, the Undersigned shall indemnify, defend and hold harmless Releasees from and against any and all demands, claims, suits, causes of action, damages, losses, penalties, liabilities, costs, attorneys’ fees and expenses of any nature, arising out of or resulting from the Undersigned’s engagement in, access to or use of the Activity. This indemnity obligation shall not be construed to negate, or abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist under law except to the extent that it is caused by the sole negligence of any party indemnified hereunder in which case this obligation shall not apply relative to such indemnified party.
- The Undersigned acknowledges that he/she is engaged in the Activity in “as-is” and “where-is” conditions, has sole responsibility to evaluate carefully the risks inherent in engaging in, accessing or using the Activity and that he/she has fully considered those risks. The Undersigned also acknowledges and voluntarily assumes full responsibility for, and full risk of, property damage or loss, or bodily, mental, or personal injury, including death, relating to his/her engagement in or use of the Activity. The Undersigned further acknowledges and understands that Provider makes no representations or warranties, express or implied, as to any matter whatsoever, including, without limitation, the condition of the Activity, its merchantability, its design, its suitability, its safety, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts which provide for specific apparatus or special methods.
- The Undersigned agrees that, upon demand, the Undersigned must immediately cease access to or use of the Activity.
- The Undersigned further expressly agrees that this Request for Use, Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue to be binding and in full legal force and effect.
I have read this Request for Use, Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement carefully, understand its significance, and voluntarily agree to all of its terms without any inducement or assurance of any nature, and with the understanding that I am giving up substantial rights by signing it, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made. Furthermore, with my signature, I am confirming that I am 18 years or over.