C. ASSUMPTION OF RISK, WAIVER, RELEASE, AGREEMENT NOT TO SUE, AND INDEMNIFICATION
In consideration for Everstoke allowing me to be at the property and/or participate in the Activities, and with knowledge of the risks and dangers involved, I, on my own behalf and on behalf of all Releasors, AGREE to: (1) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH to me while engaged in, or as a result of participating in, the Activities; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIM, OR FILE ANY ACTIONS against Everstoke, and any of their owners, operators, affiliates, members, managers, employees, contractors, volunteers, staff, agents, and representatives and other personnel, carriers, and insurers (collectively, the “Released Parties”) that are based on, arise or result from, in whole or in part, participation in the Activities, presence at Everstoke’s property, and, without limitation, claims arising out of or resulting from ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY STATUTORY DUTY, where legally permissible, BREACH OF CONTRACT, OR BREACH OF WARRANTY by any of the Released Parties; (3) HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES from and against any and all claims, demands, actions, causes of action, losses, or liabilities whatsoever arising from or related to any Activity, and any loss, damage, or injury, including death, that may be sustained by me, or caused to others or their property by me, or brought by me.
I AGREE to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim, and/or suit brought on my behalf as a result of my presence at the property or participation in the Activities.
I UNDERSTAND AND AGREE that by accepting this Agreement on behalf of any person other than myself, I am representing and warranting that I am legally authorized to execute this Agreement as either the parent or legal guardian of that person and/or Minor Participant(s), or that I have been given the express authority and permission from that other person to accept the terms and conditions of this Agreement on each of their behalf, and I FURTHER UNDERSTAND that by doing so I AGREE to PERSONALLY INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of the Minor Participant(s), or any person on whose behalf I have executed this Agreement, should they refuse to accept or carry out the terms and conditions of this Agreement.