RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
1. As legal guardian/parent fully understand that I am responsible for payment of expenses incurred relating to my child’s/athletes medical treatment as a participant in the activities of Dakota Spirit, LLC.
2. I certify that Minor is physically capable and has no previous injuries that will affect participation in Dakota Spirit, LLC.
3. I hereby have been forewarned that participation in Dakota Spirit has the following non-exhaustive list of particular risks and injuries including but not limited to: sprains, strains, abrasions, dislocations, fractures, concussion, contusions, blisters, head and neck injuries, illness, and possible death.
4. Having been forewarned, I assume all risk and full responsibility in connection with Dakota Spirit and hereby release all instructors, staff, volunteers, practice and performance facilities, and others involved with Dakota Spirit from any injury that may befall my child. I understand and am willing to accept these risks to child/myself as a participant(s) of Dakota Spirit.
5. I understand that Dakota Spirit strives to provide the maximum in safety precaution & Athlete training.
6. I give permission for any medical treatment necessary in the event of illness or injury at practice, events, travel, competitions, or any event we participate in with Dakota Spirit. This includes emergency transportation.
7. I have provided accurate health information/medical conditions regarding my child and agree to notify Dakota Spirit staff in writing of any changes or conditions during her/his participation.
8. I have read, agree to, and fully understand the information and risks and agree to all payments required by Dakota Spirit.
9. I grant permission for my child to be photographed, videotaped, or interviewed for the website, publications or press.
10. I give permission for my child to participate in all DS events and am fully aware that I am responsible for my child.
11. I understand that a doctor’s clearance is required for any lost time injury.
12. I understand I am required to provide written notice if my child drops from the program and that any balance on my child’s account or payments due for tuition or travel, including all competition fees must be paid within 30 days.
Athlete/Parent: In consideration of participating in the Dakota Spirit, LLC program, I represent that I understand the nature of this Activity and that am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “releasees” named; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the Activity.
I hereby release, discharge, and covenant not to sue Dakota Spirit, LLC, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claim.
I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
AND I, the athlete’s parent and/or legal guardian, understand the nature of the above referenced activities and the athletes experience and capabilities and believe the athlete to be qualified to participate in such activity. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the athletes account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the athlete, or anyone on the athletes behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as the result of any such claim.