PARTICIPANT ASSUMPTION OF RISK, 

WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

 

ASSUMPTION OF RISKS

I understand that my participation in certain athletic activities and/or events (hereinafter the "Activity") at the Sports Complex facilities formally Keyser High School located at 1 East Piedmont Street, Keyser, West Virginia (hereinafter referred to as "Site") owned and operated by:

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 Jack Amoruso, Rick Amoruso, Joe Amoruso, and John Amoruso 

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(hereafter the Licensor).  This creates possible risks, dangers, and hazards, including the risk of severe or fatal injury to myself or others.  I further understand that these risks, dangers, and hazards include those associated with travel to and from the Site to be visited during the Activity.  I understand the risks, dangers, and hazards involved.

 

I understand the Licensor does not require me to participate in the Activity, I elect to participate voluntarily, knowing that it may be hazardous to my property and to me.  I voluntarily assume full responsibility for any risks of loss or personal injury, including death, that I may sustain, or any loss or damage to property owned by me, as a result of my participation.

 

In consideration for Licensor allowing me to voluntarily participate in the Activity at the Site, I agree to:

 

1.  WAIVE, RELEASE, FOREVER DISCHARGE AND COVENANT NOT TO SUE the Licensor and all of its trustees, officers, directors, agents, servants, employees, representatives, independent contractors, volunteers, successors and assigns from any and all claims, causes of action, demands, damages, liabilities, expenses, suits, actions and/or judgments whatsoever that may arise of or in connection with my participation in the Activity.  This includes, without limitation, any and all claims for personal or bodily injuries, death, or property damage, WHETHER CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF THE LICENSOR OR OTHERWISE, except to the extent caused by the Licensor's gross negligence or intentional misconduct.

 

2.  DEFEND, HOLD HARMLESS AND INDEMNIFY the Licensor from any and all claims, demands, causes of action, damages, liabilities, expenses (including without limitation, any attorney's fees and costs), suits actions, and/or judgments made or brought by any party that may arise out of or in connection with my participation in the Activity.  This includes, without limitation, any and all claims for personal or bodily injuries, death, or property damage, WHETHER CAUSED BY THE NEGLIGENCE OR CARLESSNESS OF THE LICENSOR OR OTHERWISE, except to the extent caused by Licsenor's gross negligence or intentional misconduct.

 

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT:

 

I have read the forgoing Participant Assumption of Risk, Waiver, and Release of Liability, And Indemnity Agreement; I am authorized to sign it; and no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made;

 

I am at least eighteen (18) years of age and fully competent; and I voluntarily execute this Agreement for full, adequate, and complete consideration or my legal guardian or next of kin so executes for full, adequate, and complete consideration;

 

I hereby further agree that this document shall be construed in accordance with the laws of the State of West Virginia and that if any part of this release is determined to be illegal, unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be affected thereby.

 

THIS IS A RELEASE OF LEGAL RIGHTS 

READ AND UNDERSTAND BEFORE SIGNING