Liability Waiver

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

DUTY OF PARTICIPANTS: Some recreational activities conducted by Good Sports Plus Ltd., a California corporation doing business as arc (“arc”) may be hazardous to and create risks for participants. All participants have an obligation and duty to act as a reasonably prudent person when participating and engaging in the recreational activities offered by arc. If a participant cannot abide by the foregoing, the participant should not join in the activities and should advise the on-site representative of arc at once. The on-site representative of arc will determine in the sole judgment how to proceed. I/We, the undersigned, hereby promise, covenant and agree:

a) to immediately, fully and diligently follow the directions and instructions of the on-site representative of arc.

b) not to act in any way which shall interfere with the running or operation of rock climbing, kayaking, mountain biking, or any other activity (the “Activities”) when such activities are conducted by arc.

c) not to act in any that interferes with arc or the on-site representative of arc and their administration, the supervision, or the conduct of the Activities or arc’s business.
d) not to use any of arc’s equipment, facilities, or services if I do not have the ability to use such facilities, equipment, or services safely without instructions and until I have requested and received sufficient instruction to permit safe usage as determined by arc.

e) not to use any of arc’s equipment, facilities, or services without the permission of the on-site representative of arc or after any prior permission has been revoked.

f) not to engage in any dangerous, unsupervised, or harmful conduct or willfully or negligently engage in any type of conduct that threatens, contributes to, or causes any injury to any person – including myself – during, before, or after the Activities have begun.

g) not to embark in any self-initiated activity without first informing the on-site representative of arc of my intentions and receiving permission from arc to engage in such self-initiated activity.

h) not to violate the foregoing and/or any other rules of arc and shall allow the on-site representative of arc, at their sole discretion, to terminate my participation in the Activities. I understand that arc reserves the right to cancel or change programs or activities, when necessary, as listed in their brochures.

i) understand that arc is not responsible for the loss or damage to my child’s personal belongings.

j) agree to accept full responsibility, financial or otherwise, for the conduct of my child. In order to make each participant’s experience fun, safe, and rewarding, arc holds high expectations of attitude and behavior. arc or the school/organization may dismiss a child at any time – prior to or during a trip – for disciplinary reasons.

ACKNOWLEDGMENT AND ACCEPTANCE OF RISK: The undersigned fully understands and acknowledges that the activity that the Participant is about to voluntarily engage in as a participant and/or volunteer bears certain known/unknown physical risks and unanticipated risks or chances for accidents that could result in injury, disability, death, illness of disease, physical or mental, or damage to the Participant, to the Participant’s property, or to spectators or other third-parties. The undersigned fully and completely accepts and assumes all responsibility and risk for injury, disability, death, illness, or disease, and/or damage to the Participant and the Participant’s property. Participation in the Activities is purely voluntary; no one is requiring or forcing the Participant to participate and the undersigned elects to freely and knowingly participate in spite of all known and unknown risks and possibilities of adverse consequences. The undersigned further acknowledges that without the foregoing statement, arc would not have agreed to allow the Participant to participate in the Activities.

PICTURES AND PUBLICITY: All likenesses, pictures, videos, and recordings of any type or nature no matter the format, taken or produced in connection with the arc programs are the sole and exclusive property of arc and may be used in any promotional materials or in any publicity endeavors. The undersigned grants permission for the foregoing use without need for any further consent, payment, or signed release.

RELEASE: In consideration of the services and/or property provided, the undersigned for myself and any minor children for which I am the parent, legal guardian, or otherwise responsible, any heirs, personal representatives, or assigns, do hereby fully release and hold harmless arc, its principals, directors, shareholders, officers, agents, employees, and volunteers from any and all liability, expense (including attorney’s fees), loss or charge associated with the Activities, and further waive any cause of action (whether in tort, contract or strict liability) or complaint for any damage whatsoever arising from or related to any cause whatsoever (except that which is gross negligence or intentional misconduct solely by arc). I further agree to indemnify, defend, and/or reimburse arc for any and all attorney’s fees and costs that arc or its principals, directors, shareholders, officers, agents, employees, and volunteers may incur should I bring legal action against arc and lose. arc shall not have had to incur any costs to claim the benefits of this indemnity. The release, waiver, indemnity, right of defense and reimbursement shall survive the termination of the Activity and have no limit in scope or duration. The undersigned specifically and knowingly releases all rights under California Civil Code Section 1542 which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR.

ENTIRE AGREEMENT: I understand that this is the entire agreement between myself and arc, its agents or employees, and that it cannot be modified or changed in any way by the representatives or statements of any employees of arc or by me unless in writing signed by the President of arc. My (Our) signature(s) below indicates that I/We have read this entire document and understand it completely and agree to be bound by its terms.

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