RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

As a participant, or as a parent/guardian of a minor, participant in the Community Youth Camp, and any other related activities, and for other good and valuable consideration, I hereby agree to release and discharge from any and all liability arising from or related to alleged or actual negligence of the Columbus Recreation and Parks Department, City of Columbus, Greater Columbus Sports Commission, Experience Columbus, and all participating sponsors, its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, spouse, parents, heirs, assigns, personal representative and estate, and also agree as follows:

1. I acknowledge that my son/daughter participating in the Community Youth Camp activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage to me on account of my son/daughter’s participation in the program. Risks include, but are not limited to, being exposed to facilities that contain heavy equipment, exercise equipment, athletic equipment and gear, moving vehicles and equipment on or about the Facilities, stationary and moving persons participating in various athletic or other activities on or about the Facilities, and other potential hazards on or about the Facilities. I acknowledge that the Participants being around or near such hazards may result in injury, death, loss to persons, including the Participant. As a result of such risks, I understand that the Participant and his or her family members may incur damages, including severe and permanent injuries, pain, suffering, emotional distress, loss of consortium as to family members and legal guardians, medical expenses, loss of income, loss of earning capacity, property damage, and other damages (collectively as ‘Damages’). I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.

As the Community Youth Camp participant, I understand that engaging in physical exercise and the use of the Lou Berliner Sports Athletic Complex provided by the Columbus Recreation and Parks Department and City of Columbus includes an inherent risk of significant injury to persons and property. I understand that the risk of injury to persons and property includes, but is not limited to, injuries arising from or relating to (a) the use by me or my son/daughter, of the facilities, and other areas of the venue it uses for its activities, (b) possible contact with contagious diseases including but not limited to COVID-19, and harm or injury from interaction with others. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, included, but not limited to the involved staff, volunteers, and program participants.

2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My son/daughter’s participation in this activity is purely voluntary and I elect to have my son/daughter participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that my son/daughter is unable to participate due to physical or medical conditions, then my son/daughter will immediately discontinue participation.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, lawsuits, or causes of action of any type, which are in any way connected with my son/daughter’s participation in this activity arising from or related to his/her alleged or actual negligence or the alleged or actual negligence of Releasees. This release does not apply to claims arising from the intentional and willful misconduct of Releasees. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

4. I represent that I have adequate insurance to cover any injury or damage I and/or my son/daughter may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that my son/daughter has no medical or physical condition which could interfere with his/her safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

5. In the event that I file a lawsuit, I agree to do so in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.

6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I agree that if I and/or my son/daughter is injured or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for or arising from alleged or actual negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

Before registration in this program is valid, this release form must by signed by the participant’s parent/guardian.