WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE URSA MINOR BREWING AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of Ursa Minor Brewing allowing me to participate in any UMB-sanctioned athletic event or training session (such sanctioned athletic events and training sessions are collectively defined in this Agreement as the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
2. I understand and acknowledge the physical and mental rigors associated with athletic events, and realize that the activities of such Events are inherently dangerous and represent a serious test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Event.
3. I agree to be familiar with and abide by the Rules and Regulations established for the Event. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Ursa Minor Brewing, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.
ADDENDUM TO WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT – COVID-19 LIABILTY RELEASE WAIVER
The Coronavirus (COVID-19) has been declared a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, Federal, State, and Local governments have set recommendations, guidelines, and some prohibitions which Ursa Minor Brewing adheres to comply.
In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:
5. I am aware of the existence of the risk on my physical appearance to the venue and my participation to the Event of Ursa Minor Brewing that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
6. I have not experienced nor exhibited symptoms to include fever, fatigue, difficulty in breathing, dry cough, or any other symptoms relating to COVID-19 or any other communicable disease within the last 14 days.
7. I have not, nor have any member(s) of my household, traveled internationally within the past 30 days.
8. I did not, nor have any member of my household, visited any area within the United States that was reported to be highly affected by COVID-19, in the last 30 days.
9. I have not, nor have any member(s) of my household, been diagnosed to be infected of COVID-19 virus within the last 30 days.
Following the pronouncements above I hereby declare the following:
10. I am fully and personally responsible for my own safety and actions while and during my participation and I recognize that I may in any case be at risk of contracting COVID-19.
11. I am fully and personally aware that the aforementioned symptoms, timeframes, and precautions noted in paragraphs 6 through 9 above may be or have been expanded by revelation or resolution through Federal, State, or Local order, law, or guidance, at or after the timing of my signature below, and I am personally responsible for knowing and abiding by same, and consider any representations made by my signature below to be in accordance therewith.
12. With full knowledge of the risks involved, I hereby release, waive, discharge Ursa Minor Brewing, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, illness, injury, or death, that may be sustained by me related to any communicable disease to include Influenza, MRSA, or COVID-19 while participating in any Ursa Minor Brewing Event or while in, on, or around the premises or while using the facilities that may lead to unintentional exposure to or harm from same.
13. I agree to indemnify, defend, and hold harmless Ursa Minor Brewing from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to any loss, damage, illness, injury, or death, from or related to any communicable disease to include Influenza, MRSA, or COVID-19 while.
I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, that I am at least eighteen (18) years old and fully competent to give my consent, and that I have been sufficiently informed of the risks involved, that I acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily.