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Assumption of Risk and Release from Liability
WHEREAS, Survivor Revival Services, LLC DBA Facing Giants and/or Too Beautiful for Earth (“The Company”) located at: 576 Olive Street, Suite 300, Eugene, OR 97401, ("Company") is the operator/sponsor of the activity (the "Activity"), described as a room rental for one adult and one child to allow them to play in a safe place and connect independent of life’s chaos.
WHEREAS, the undersigned, (“The Participant”) wishes to engage in such activity as described above.
The Company and Participant(s) (may be collectively referred to as (the "Parties") and the property or location of the Activity may be referred to as (the "Premises").
In consideration for being provided the ability to participate in the Activity, the person signing below hereby stipulates and agrees:
1. Assumption of Risk. I understand and acknowledge that by participating in the activities as described above, I subject myself and my minor child to all known and unknown risks associated with such activities, including, but not limited to personal injury and death.
I acknowledge all risks, including potential for severe injury or fatality, associated with using the equipment, rooms and Premises. A range of circumstances, including equipment or Premises use or misuse and authorized and un-authorized access to the Premises by third-parties could lead to these risks.
I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS FOR MYSELF AND MY MINOR CHILD THAT MAY OCCUR PURSUANT TO MY PARTICIPATION IN THE ACTIVITY OR USE OF THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
2. Acknowledgement of Policies and Procedures. I acknowledge that I have read, know and agree to all of the policies and procedures relating to the use of the Premises at The Company. I agree to comply with all rules, regulations and policies at The Company. I understand The Company reserves the right to revoke or terminate my use of the Premises at The Company for any violation of rules, regulations, or policies.
3. Release from Liability. I hereby agree, on behalf of myself, my minor child, my heirs and my personal representatives, to fully and forever discharge and release Company, and their respective partners, agents, operators, managers, employees, and representatives ("Released Parties") from any and all claims I or my minor child may have for any injury, disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction, attributable or relating in any manner to my participation in the Activity and my presence on the Premises, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability for Service Providers is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, disability, death, and/or property damage sustained by me while on or using the Premises or participating in the Activity on the Premises.
4. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
5. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Oregon, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability Agreement must be brought exclusively in any state or federal court located in Lane County, Oregon.
THE UNDERSIGNED HAVE CAREFULLY READ AND UNDERSTAND THIS AGREEMENT AND ALL OF ITS TERMS. THE UNDERSIGNED UNDERSTANDS THAT THIS DOCUMENT IS AN AGREEMENT OF RELEASE AND/OR EXPRESS ASSUMPTION OF RISK THAT WILL PREVENT THE UNDERSIGNED AND/OR THE MINOR PARTICIPANT(S) FROM RECOVERING DAMAGES FROM THE COMPANY IN THE EVENT OF PROPERTY DAMAGE, INJURY OR DEATH. THE UNDERSIGNED, NEVERTHELESS, ENTERS INTO THIS AGREEMENT FREELY AND VOLUNTARILY AND AGREES THAT IT IS BINDING UPON THE UNDERSIGNED AND THE HEIRS AND LEGAL REPRESENTATIVES OF THE UNDERSIGNED.