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RELEASE OF LIABILITY AND ASSUMPTION OF RISK
All registrations are non-refundable. By registering for this DC Ranch activity (“Activity”), I hereby grant the DC Ranch Community Council, DC Ranch Association, and DC Ranch LLC (hereinafter collectively referred to as “DC Ranch”) a license to use my, minors that I am accompanying, and/or my guests' likeness in all media including photographs, recordings, print, and any other record of this activity, and I waive any right to inspect or approve of the finished product. In consideration of being permitted by DC Ranch to participate in the activities, and in recognition of DC Ranch’s reliance hereon, I agree to all terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”).
I understand and acknowledge that the activities are potentially dangerous and can involve risks of physical injury and/or property damage. I hereby agree to accept and assume and all risks of injury, disability, death, and property damage arising from my participation in the activities. I acknowledge that participation in the activities may involve risks of the nature described below. I recognize and fully understand that the following list is not complete and is not an exhaustive list of all risks associated with the activities.
• Physical injury resulting from physical strain, being struck by a ball or other participants, and/or collision with other participants;
• Physiological results of strenuous activity or lack of hydration, such as abnormal blood pressure, fainting, heart attack, or death;
• Drowning. I understand and acknowledge that there is no lifeguard on duty at the pool facilities at DC Ranch and I knowingly and willingly assume all risks associated with swimming without the presence of a lifeguard including drowning, and other water-related injuries.
• Injury resulting from disorderly conduct among participants;
• Injury resulting from overconsumption of alcohol; and
• Food poisoning or allergic reactions.
I am aware that contagious viruses may exist and the risks that I may be exposed to by my participation in activities. I will not participate in activities if I am experiencing symptoms of a virus.
I hereby expressly waive and release any and all claims, now known or hereafter known, against DC Ranch, and its officers, directors, managers, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”) arising out of my participation in the activities. I expressly waive and agree not to make or bring any such claim against DC Ranch or Releasees. I forever release and discharge DC Ranch and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless DC Ranch and all other Releasees against any and all loss, damages, liabilities, deficiencies, claims, judgments, settlements, costs, or expenses of whatever kind, including attorney fees and costs, and the cost of pursuing any insurance providers arising out of any claim of a third party related to my participation in the activities.
This Release constitutes the sole and entire agreement with respect to the subject matter herein. If any term or provision of this Release is invalid, illegal, or unenforceable, such a finding shall not affect any other term or provision of this Release. All matters arising out of or relating to this Release shall be governed and construed in accordance with the laws of the State of Arizona. Any claim or cause of action arising under this Release may be brought only in the state court located in Maricopa County, Arizona and I consent to the exclusive jurisdiction of such court.