MINOR waiver and release agreement
This form is to only be used for Adults on behalf of Minors
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MINOR RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, HOLD HARMLESS (INDEMNITY) AGREEMENT
This RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, HOLD HARMLESS (INDEMNITY) AGREEMENT (“Agreement”) is made in consideration of my being permitted to participate in any manner in any CycleNuts sponsored, organized, guided, self-guided, smart-guided, or otherwise listed/posted event or activity (“Event”) as of this day forward by checking the acknowledgement/agreement box in the “Event” ticket purchase and continuing forward by my participating in any “Event” without limitation (the “Effective Date”) by and among/between: Indemnitor CycleNuts, located at 2500 Harrisburg Pike, Lot 26, Grove City, Ohio 43123 (individually and collectively, “Indemnitor”), and myself (individually and collectively, “Indemnitee”). “Indemnitor” shall include all respective CycleNuts owners, directors, administrators, officers, employees, agents, contractors, subcontractors, representatives, invitees, volunteers, tour leaders, tour participants, sponsors, advertisers, and owners/leasers of premises on which an “Event” takes place. “Indemnitee” shall include myself, my representatives, assigns, heirs, next of kin, agents, invitees, and guardians. “Indemnitor” and “Indemnitee” may be referred to individually as “Party” and collectively as “Parties”. “Indemnitor” has agreed to provide cycling “Events” to which “Indemnitee” acknowledges, fully understands, represents, concedes, warrants, states, and agrees that:
____________________________________________________________________________________ “Events” in accordance with the “Agreement” dated for each ticket purchase occurrence and forward. NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, “Indemnitor” and “Indemnitee” agree as follows: 1. Indemnification. To the extent permitted by law, “Indemnitor” will indemnify, defend, and hold harmless “Indemnitee” from any and all claims, actions, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs, and expenses, including attorney’s fees and other expenses, (collectively, a “Claim”) arising out of or relating to “Events”. Indemnity is not limited to only personal injury, loss of life or property damage. 2. Exceptions. “Indemnitor’s” obligation to indemnify, defend and hold harmless “Indemnitee” shall not extend to any “Claim” arising from the sole negligence or willful misconduct of “Indemnitee”. “Indemnitor” is not obligated to indemnify “Indemnitee” against any “Claim” to the extent the “Indemnitee” has been reimbursed for such “Claim” under an insurance policy. There is no cap on total indemnity amount. 3. Notice of “Claim”. “Indemnitee” must provide “Indemnitor” notice of any “Claim” within five business days after obtaining knowledge of such “Claim”. Such notice will set forth in detail the “Claim” and the basis for indemnification under this “Agreement”. 4. Duty to Defend. In the event any “Claim” is brought against “Indemnitee” within the scope of this “Agreement”, “Indemnitor” reserves the right to assume the defense of the “Claim”. If “Indemnitor” elects not to assume the defense of the “Claim”, “Indemnitee” may pursue its own defense of the “Claim” and seek reimbursement from the “Indemnitor”. If “Indemnitor” assumes the defense of the “Claim”, “Indemnitor” shall not settle any “Claim” without the prior written consent of the “Indemnitee”, which consent shall not be unreasonably withheld. If “Indemnitee” pursues its own defense of the “Claim”, “Indemnitee” shall not settle any “Claim” without the prior written consent of “Indemnitor”, which consent shall not be unreasonably withheld. 5. Mutual Representations. The “Parties” represent and warrant that they are duly authorized and have the power and authority to execute and deliver this “Agreement”, and this “Agreement” constitutes a legally valid, and binding obligation on the “Parties”. 6. Amendments. This “Agreement” may be amended or modified only by written agreement signed by all “Parties”. 7. Notices. Any notice or other communication given or made to a “Party” under this “Agreement” shall be in writing and delivered by hand, sent overnight courier service, or sent by certified or registered mail, return receipt requested, to the address stated above, or to another address as that “Party” may subsequently designate by notice, and shall be deemed given on that date of delivery. 8. Joint and Several Liability. The obligation of each “Indemnitor” under this Agreement will be joint and several. 9. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, not including its conflicts of law provisions. 10. Disputes. Any dispute arising from this “Agreement” shall be resolved through mediation. 11. No Waiver. No “Party” shall be deemed to have waived any provision of this “Agreement” or the exercise of any rights held under this “Agreement” unless such waiver is made expressly and in writing. Waiver by any “Party” of a breach or violation of any provision of this “Agreement” shall not constitute a waiver of any other subsequent breach or violation. 12. Assignment. No “Party” may assign its rights or delegate its duties under this “Agreement” without the other “Party’s” prior written consent. 13. Successors and Assigns. This “Agreement” shall be binding upon and inure to the benefit of the “Parties” and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns. 14. Severability. If any provision of this “Agreement” is held to be invalid, illegal, or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal, and enforceable as though the invalid, illegal or unenforceable parts had not been included in this “Agreement”. 15. Counterparts. This “Agreement” may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document. 16. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction, or interpretation of any provision of this “Agreement”. 17. Entire “Agreement”. This “Agreement” contains the entire understanding between the “Parties” and supersedes and cancels all prior agreements of the “Parties”, whether oral or written, with respect to the subject matter. IN WITNESS WHEREOF, this “Agreement” has been executed and delivered as of the date hereof the completed parent/guardian section of the minor agreement and by “Indemnitor” August 22, 2016, and continuing forward. |
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