RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
IN CONSIDERATION for my children being permitted to use the facilities, services and programs of Coach Derek, Inc. dba Coach Derek ("Coach Derek"), the undersigned, for himself or herself and such participating children and any personal representatives, heirs and next of kin (collectively referred to herein as "RELEASORS"), hereby acknowledge, agree and represent that he or she has carefully considered the program(s) offered by Coach Derek and, based on that consideration, represent and warrant as follows:
1. THE UNDERSIGNED, ON HIS OR HER BEHALF AND THE BEHALF OF SUCH CHILDREN, HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE Coach Derek, it's directors, officers, employees and agents (hereinafter referred to as "RELEASEES") from all liability to the undersigned or such children and all his/her personal representatives, assigns, heirs and next of kin for any loss or damage, and any claim or demands therefore on account of any injury to the person or property or resulting in death of the undersigned or such children, whether caused by the negligence of the RELEASEES or otherwise while the undersigned or such children are participating in any program affiliated with Coach Derek.
2. THE RELEASORS HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned or such children in relation to participating in any program affiliated with Coach Derek whether caused by the negligence of the RELEASEES or otherwise.
3. THE RELEASORS HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such children due to negligence of the RELEASEES or otherwise while participating in any program affiliated with Coach Derek.
HE RELEASORS further expressly agree that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as a broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
IT IS UNDERSTOOD that there is a risk that subsequent to the execution of this Agreement, the Parties may incur, discover, suffer, sustain injury, loss, damages, costs, attorney's fees, or expenses that are in some way caused by or connected with the matters herein released. Nevertheless, it is acknowledged that this Agreement has been agreed upon in light of that realization and RELEASORS hereby expressly waive all rights they may have in any such unknown claims and knowingly waive their rights under Civil Code, Section 1542, which states:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
THE UNDERSIGNED HAVE/HAS READ AND VOLUNTARILY SIGN(S) THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
WAIVER OF LIABILITY, COVENANT NOT TO SUE, ASSUMPTION OF RISK I, the undersigned, hereby acknowledge that participation in athletic activities involves an inherent risk of physical injury. The undersigned hereby agrees that for the sole consideration of Coach Derek Inc. allowing the undersigned to participate in athletic activities for which or in connection with which CDI., sponsored or made available any equipment, facilities, grounds, or personnel for such activities or to the undersigned while participating in any such programs or activities, the undersigned does hereby release and forever discharge Coach Derek Inc., its members officially and individually, and its officers, agents, and employees of any and all claims,
demands, rights, and causes of action of whatever kind or nature, arising from any injuries, damage to property, and the consequences thereof, including death, resulting from my participation in any way connected with such athletic activities. NOTICE TO ALL PERSONS PARTICIPATING IN ATHLETIC ACTIVITIES Many athletic activities involve substantial risks of bodily injury, property damage, and other dangers associated with participation. Dangers peculiar to such activities include, but are not limited to: hypothermia, broken bones, strains, sprains, bruises, drowning, concussion, heart attack, and heat
exhaustion. Each participant in such activities should realize that there are risks, hazards, and dangers inherent in such activities and in the training, preparation for, and travel to and from such activities. It is the responsibility of each participant to participate only in those activities for which they have the prerequisite skills, qualifications, preparations, and training. I fully understand all of the above. I accept and assume all risk involved in any such activities in which I participate as either part of a voluntary or involuntary intercollegiate activity. I assume all medical expense responsibility for any injuries sustained in either voluntary or involuntary intercollegiate activity.