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Terms & Conditions
ACTIVITY RELEASE OF LIABILITY AND ASSUMPTION OF RISK
As consideration for being permitted by the DC Ranch Community Council Inc. and DC Ranch Association Inc, each an Arizona non-profit corporation (hereinafter collectively referred to as “DC Ranch”) to participate in this DC Ranch activity (the “Activity”), and in recognition of DC Ranch’s reliance hereon, I agree, on my own behalf and on behalf of any accompanying minor, to all terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”). I represent and warrant that I am authorized to accept to the terms of this Release and act on behalf of any person that I register to attend or participate in the Activity.
I understand and acknowledge that participation in the Activity is potentially dangerous and can involve risks of physical injury and property damage. I hereby agree to accept and assume all risks of injury, disability, death, and property damage arising from my participation in the Activity. I acknowledge that participation in the Activity 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 Activity.
• 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;
• Injury resulting from disorderly conduct among participants;
• Injury resulting from overconsumption of alcohol;
• Food poisoning or allergic reactions;
• Injury arising out of transportation; and
• 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.
I am aware that my participation in the Activity involves possible exposure to and illness from infectious diseases, including, but not limited to, MRSA, influenza, and COVID-19. I will not attend or participate in the Activity if I am experiencing symptoms of or tested positive for an infectious disease.
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, clubs, and assigns (collectively, “Released Parties”) arising out of my participation in the Activity. I expressly waive and agree not to make or bring any such claim against DC Ranch or other Released Parties. I forever release and discharge DC Ranch and all other Released Parties from liability under such claims.
I shall defend, indemnify, and hold harmless DC Ranch and all other Released Parties 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 Activity.
This Release shall be effective and binding upon my spouse, legal partner, heirs, next of kin, executors, administrators, successors, and assigns in the event of personal injury, including death or illness, or property damage.
By registering for this Activity, I hereby grant 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.
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 or federal courts located in Maricopa County, Arizona and I consent to the exclusive jurisdiction of such court.
By registering for, attending, or participating in the Activity, I acknowledge that I have read and agreed to the terms of this Release. By signing this Agreement, I represent that I am authorized to and am giving up my rights and/or the rights of my spouse, minor child or children, and any person that I register to attend or participate in the Activity to sue DC Ranch for any injury or property damage arising out of participation in the Activity.
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