CLIENT LIABILITY WAIVER AND RELEASE
By agreeing to receive services from the Ankeny Service Center (“ASC”), Client understands and agrees to the following:
Qualifications of Volunteers
The services provided through ASC to the undersigned (“Client”) are rendered by volunteers. Volunteers are not required to obtain any particular expertise or education prior to volunteering. ASC makes no warranty about the skill level of volunteers relevant to any particular task undertaken or assistance rendered.
Assumption of Risk
Client assumes the risk of personal injury or property damage experienced by Client or any third party, whether resulting from the negligence of ASC, volunteers or otherwise.
Waiver of Liability
Client hereby releases, indemnifies and holds harmless ASC, its officers, officials, agents, volunteers and/or employees, other participants, sponsoring agencies, sponsors, advertisers and, if applicable, owners and lessors of premises used for the activity, with respect to any injury, disability, death, or loss or damage to person or property associated with activities performed by an ASC volunteer, whether resulting from the negligence of ASC and volunteers or otherwise, to the fullest extent permitted by law.
Applicability of Waiver
This waiver applies to Client as well as Client’s heirs, assigns, personal representatives and relatives.
Choice of Law and Venue
Any dispute arising under this waiver, or as a result of any service or assistance provided by ASC or volunteers, will be subject to and adjudicated under the laws of the State of Iowa.
Mediation
Should a dispute arise under the terms of this waiver, Client will make a good faith effort to mediate said dispute prior to initiating litigation. The mediator will be selected by mutual assent of the parties and shall be a person with legal knowledge of the issue(s), such as a lawyer, judge, or retired judge. If Client refuses mediation or is credibly charged with failure to mediate in good faith, Client agrees that the judge involved in litigation is empowered to order the parties back to mediation, before the case can proceed to trial.
TO AGREE TO THE LIABILITY AND RELEASE, LIST YOUR NAME ON THE RESPONSE LINE. THIS WILL SERVE AS YOUR ELECTRONIC SIGNATURE.
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