RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK
In consideration of being allowed to participate in ROAM LIFE Meetup Group, here in after referred to as Roam Life, activities sponsored by Roam Life, I hereby understand and agree to this release of liability, waiver of legal rights, and assumption of risk and to the terms hereof as follows:
1. I acknowledge that any and all activities organized by Roam Life could be an action sport and or recreational activity and any such activity/activities is/are subject to mishap and even injury to participants, including the potential for permanent paralysis and death. I understand and acknowledge that such activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN ANY SUCH ACTIVITY OR ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
2. I take full responsibility for, RELEASE AND HOLD HARMLESS Roam Life, their owners, officers, elected officials, agents, employees and volunteers, including car owners and drivers from any and all liability, claims, demands or causes of action that I may hereafter have for injuries or damages arising out of my participation in any activity or activities, included, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
3. I further agree that I WILL NOT SUE OR MAKE CLAIM against the Released parties for damages or other losses sustained as a result of any injury, or death, sustained from my participation in any activity or activities. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs including attorney's fees, incurred in connection with any action brought as a result of participation in any such activity or activities.
4. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights, and Assumption of Risk is a contract pursuant to which I have released any and all claims against the Released Parties resulting from any injury, or death, sustained from participation in any activity or activities including any claims for negligence of the Released Parties.
5. I understand that I am solely responsible for my health and safety, and I acknowledge that I am physically capable of participating in and completing any event(s) organized by Roam Life.
6. I further represent that I am at least 18 years of age; I waive and release any and all legal rights that may accrue to me as the result of any injury I may suffer while engaging in any activity or activities. I understand and agree that this Waiver and Release is binding on my heirs, assigns, and legal representatives.
7. By participating in any and all event(s), I hereby give explicit consent to the Roam Life to use or publish my picture(s), whether individual or group, for the purposes of promoting the group. However, the group will take your request in writing to eliminate or delete your picture within 14-days from the receipt of email where the number of people participating in the picture are less than or equal to 3.
8. If any term or provision of this waiver shall be found by a court of competent jurisdiction to be illegal or otherwise unenforceable, the same shall not invalidate the whole of this waiver, but such term or provision shall be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent and agreements of the parties herein set forth.
9. The laws of the State of New York shall govern this waiver and any lawsuits pertaining to this waiver or the services provided hereunder shall be decided in the federal or state courts in the State of New York. A participant to the event or consenter to this waiver hereby consents to the exercise of the jurisdiction over it by such courts.
10. By RSVPing yes, you hereby agree to pay in full the cost incurred per head for the event even though you choose not to show up. You hereby give Roam Life full rights to sue you in the court of law to recover the expenses and also hereby agree to pay the cost of court fees and counsel in relation to the action brought against you for the matter to Roam Life.
I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. BY RSVPing YES FOR ANY EVENT(S), I HEREBY ELECTRONICALLY CONSENT TO THE WAIVER.
EFFECTIVE AS OF January 22, 2013