I desire to participate in a sports and/or exercise activity that is sponsored or conducted by the Town of Weaverville, NC ("Town") and, as a condition to that participation, agree to the following:
GENERAL AGREEMENT: I agree to be solely responsible for my safety and well-being. I understand that the Town may not provide supervision, instruction, or assistance during the sports and/or exercise activity even though sponsored or conducted by the Town of Weaverville.
I further agree to comply with all rules imposed by the Town regarding the sports and/or exercise activity and agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
AUTHORIZATION TO SEEK MEDICAL ATTENTION: I agree that all Town staff members or others that are conducting the sports and/or exercise activity have my permission to seek medical attention for me or for my child should an injury be experienced.
ASSUMPTION OF RISKS: This use of property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Some of the activities involve situations, environments, or activities that may lead to illness, physical injuries, and psychological stress or damage. The specific risks vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises, sprains, and embarrassment, (2) major injuries such as joint or back injuries, broken bones, heart attacks, head injuries, and psychological trauma, (3) catastrophic injuries including paralysis and death. I know, understand, and appreciate these and other risks that are inherent in the activities made possible by the Town of Weaverville. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
WAIVER OF LIABILITY: Intending it to be legally binding, I, on behalf of myself, my heirs, executors, and administrators, waive, release, and forever discharge any and all of my rights or claims for damages which I or my child may have or hereafter accrue to me or my child against the Town of Weaverville, its staff, agents, or assigns, and for any or all damages which may be sustained or suffered by me or my child in connection with the Town or with my participation in sports or exercise activities associated with the Town.
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me and I hereby fully and forever release and discharge the Town, its insurers, employees, officers, and directors, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my participation in the sports and/or exercise activity.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: I also agree to indemnify and hold the facility in use, the Town of Weaverville and its officers, employees, and agents harmless from and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result of my involvement with the Town of Weaverville and its sports and/or exercise activities and to reimburse them for any such expenses incurred.
ACKNOWLEDGEMENT OF UNDERSTANDING: The undersigned further expressly agrees that the foregoing assumption of risks, waiver of liability, and indemnity and hold harmless agreement are intended to be as broad and inclusive as permitted by the law of the State of North Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I have read this assumption of risk, waiver of liability, and indemnity and hold harmless agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature (electronic or otherwise) to be a complete and unconditional release of all liability to the greatest extent allowed by law.