The Legal Stuff

Below is the copy of the BFC’s Waiver and Release Agreement:

 

  BARRINGTON FENCING CLUB

WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT

                                                                

[Name of Participant]

 

                I,                                                                 , would like                                                                       

                     [Name of  Parent/Guardian]                                              [Name of self or Minor Participant]

to (1) participate in the fencing activities, which activities may include fencing instruction, fencing practice, fencing drills, fencing competitions, physical exercises and stretching, (2) the use of fencing equipment supplied by, procured through, and/or maintained and/or repaired by the Barrington Fencing Club, an Illinois Not-For-Profit corporation (“BFC”), and/or the BFCs board members, officers, employees, agents, contractors, instructors and/or members, and/or (3) participate in other related BFC activities (collectively, the “Fencing Program”), which Fencing Program is sponsored by, or is in association with, the BFC.  As more fully set forth below, I understand that in consideration of my (or my child’s) participating in the BFCs Fencing Program, I am waiving and releasing on my behalf (as well as on behalf of my child, as the case may be) and on behalf of our respective estates, successors and assigns, all claims for injuries and/or death arising out of, or in any way connected to the Fencing Program that might be sustained by me or my child (as the case may be).

The terms “I”, “me” and “my” used below refers to any adult or child participant, participant (as well as any such child’s parents/guardians).  In consideration of my (or my child’s) participation in the Fencing Program, by signing this Waiver, Release and Hold Harmless Agreement, I agree as follows:

By participating in the Fencing Program, I recognize that there are certain risks of physical injury, and I agree to assume for my self (or my child, as the case may be) the full risk of any injuries (including death), damages or loss which I may suffer as a result of participating, in any manner, in any and all activities connected with or associated with the Fencing Program, the use of my own fencing equipment (or fencing equipment provided to me by the BFC or any person) or any other ancillary activities related thereto.  I further acknowledge that all athletic activities involving strenuous exertion, potential body contact, or potential contact with fencing weapons and equipment (like the sport of fencing) are hazardous activities and involve significant risks of injury.

To the extent permitted by law, I hereby waive and relinquish any and all claims that I may have as a result of participating in the Fencing Program against the BFC, its board members, officers, instructors, members, employees, agents, independent contractors, licensees, visitors, guests and any and all other persons or entities (including, but not limited to, Justin Gerak, Suzanne Nance, Robert Melone, Robert Hodill, Sidney Tiemann, Carey Roth, Peter Habala and Jonglak Poomikograk), and any and all trustees, board members, owner(s), manager(s) and/or operator(s) (and their respective employees and agents) of any real property upon or about which the Fencing Program activities take place including (but not limited to) St. Michael’s Episcopal Church of Barrington, Illinois, the Barrington Park District, The Roy Wilmering Scout Cabin, the Village of Barrington, Illinois, (all of the above-listed parties and entities are hereinafter referred to as the “Released Parties”), even if such Released Parties are (or might be) directly or indirectly responsible (in whole or in part), for any injuries (including death) that I (or my child) might sustain while participating in the Fencing Program.

To the extent permitted by law, I hereby release and discharge the Released Parties from any and all claims for injuries (including death), damage or loss which I may have, sustain or which may accrue to me (or my child) on account of my (or my child’s) participation in the Fencing Program or use of any fencing equipment in connection therewith supplied by any of the Released Parties.

To the extent permitted by law, I further agree to save, indemnify and hold harmless the Released Parties from any and all claims for injuries (including death), damages and losses sustained by any person or entity arising out of, connected with, or are in any way associated with or related to, my (or my child’s) participation and conduct in the Fencing Program.

Further, in any emergency, I authorize any or all of the Released Parties to use any portable defibrillation equipment (if reasonably available and if deemed necessary), or secure from any licensed hospital, physician and/or medical personnel, any treatment deemed necessary for me or my minor child’s/ward’s immediate care, and I agree that I will be responsible for the cost of any and all medical services or treatments provided.

I acknowledge and agree that I understand the nature of the Fencing Program in which I am (or my child is) participating, and have read and fully understand this Waiver, Release and Hold Harmless Agreement.

Participant:                                                                                                                                                                 

                                       [Participant Signature]                                                [Print Participant Name]

Parent/Guardian:                                                                                                                                                       

    [If Applicable]        [Signature of Parent/Guardian]                                        [Print Parent/Guardian Name]

Email Address:                                                                                                                                     

Address & Tel No:                                                                                                                                         

Barrington Fencing Club Representative:                                                     Date: