WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK
I hereby wish to enroll, (or enroll individually if over the age of eighteen (18) years) in a RFFL activity/program operated by a third party, whom leases hours from K&K Property Ventures LLC, on premises located at 4618 Ridge Road West, Spencerport, New York 14559 which is owned and operated by K&K Property Ventures, LLC (hereinafter “K&K”); and WHEREAS, Individual acknowledges that there are risks associated with the activities, programs and/or services to be performed, including but not limited to potential serious personal injuries or death, and knowingly and voluntarily accepts and assumes such risks associated with such activities, programs and/or services; and
WHEREAS Individual represents that his or her child (he or she, if Individual is over the age of eighteen (18) years) is currently in good mental and physical condition, and is fully capable of participating in such activities and programs, has consulted with medical professionals prior hereto, and has no reason to believe that he or she should not be participating in such activities; and
WHEREAS Individual represents that his or her child (he or she, if Individual is over the age of eighteen (18) years) is not currently suffering from COVID-19 and has no reason to believe that he or she has been exposed to anybody suffering from COVID-19 in the past two (2) weeks. Individuals also represent that it is their responsibility to continually check their temperature and monitor their health to minimize the spread of COVID-19.
In reliance upon the above representations made by Individual, DM19Inc and K&K hereby grant permission to Individual to participate in said league, activities, programs and/or services upon the following terms and conditions:
Individual agrees to follow the rules for the activities provided and to follow directions and instructions given to Individual by representatives of DM19Inc and/or K&K.
In the event Individual is injured while participating in league activities or other programs and such injuries require immediate medical attention, Individual authorizes the staff or employees of DM19Inc and/or K&K to act on behalf of Individual, utilizing its best judgment in any such emergency to obtain such medical attention, as required. Individual agrees that it shall remain solely liable for the cost of any medical services rendered by hospitals, urgent care facilities, nurses and/or medical professionals.
Individual unconditionally waives any future claims it may have against DM19Inc and K&K, its shareholders, directors, staff, employees, permitted guests, successors and/or assigns and unconditionally releases them individually and jointly from liability and holds them harmless from any and all claims, actions, suits procedures, costs, expenses, damages and liabilities including, but not limited to , attorneys fees arising from or in any way related to any injuries or illnesses (including but not limited to COVID-19) Individual may sustain as a result of participating in any such league activities, programs or services provided, as well as for loss of or damage to personal property.
Individual indemnifies and holds harmless DM19Inc and K&K, its shareholders, directors, staff, employees, permitted guests, successors and/or assigns from any and all injuries and damages sustained by any third parties as a result of Individual participating in any and all of the above referenced league activities, programs and/or services provided.
By signing below, I acknowledge that I have read and understand the foregoing Waiver and Release of Liability and Assumption of Risk and have had the opportunity to ask questions about the same. I understand that I have the opportunity to have it reviewed by an attorney of my choosing prior to signing, and sign it voluntarily for myself or on behalf of my minor child. The undersigned fully understands this assumption of risk, release and waiver of liability and indemnity agreement, and that the undersigned is giving up substantial rights in connection therewith, and that its terms are contractual and not a mere recital. The undersigned acknowledges that he/she is signing this Waiver and Release freely and voluntarily.
I understand and agree that this Waiver and Release of Liability and Assumption of Risk shall be governed by and construed in accordance with the laws of New York. If any of the provisions hereof are later determined to be unenforceable, the remainder of this Waiver and Release of Liability and Assumption of Risk shall continue in full legal force and effect. Any unenforceable provision(s) shall be modified if practical and enforced to the limited extent allowable under the law in order to permit enforcement of the modified provision as fully as possible and as originally intended.