ROTARY CLUB OF GLENVIEW SUNRISE CHARITABLE FOUNDATION
FAMILY FITNESS FUN FEST OCTOBER 5, 2024
Assumption of Risk, Waiver and Release of Liability, and Indemnification Agreement
NATURE OF THE ACTIVITY: The Rotary Club of Glenview Sunrise Charitable Foundation (“Rotary”) is offering the opportunity to participate in a number of recreational activities designed for fun and fitness. Activities include climbing, jumping, swinging, hanging, balancing, and other tasks designed to increase strength, endurance, general fitness, and confidence. The activities are to take place at the Northeastern Illinois Public Safety Training Academy (” NIPSTA”), 2300 Patriot Blvd., Glenview, Illinois 60026 (the “Facility”) on October 5, 2024. The “Facility” includes all buildings, parking lots, sidewalks, pavement, lawns and all open areas of the NIPSTA property. It is owned by the Village of Glenview (“Glenview”).
While there are many benefits associated with these activities, it is important that adult participants and the parent/legal guardian of minor participants (collectively “PARTICIPANT/PARENT”) know that Rotary’s activities, like all physical activities, involve some risks of injury that are inherent to the activity. Some of the inherent risks of the activities include, but are not limited to falls (even on padded surfaces), collisions with other participants or with stationary objects, landing wrong on leaps or jumps, both on and off padded surfaces, landing on another participant, over-exertion, attempting actions or maneuvers that are beyond a participant’s capacity, landing on a hard surface, slips and falls within the activity area or in other parts of the Facility, unexpected failure of the equipment, and shifts in padding. Other inherent risks include erratic or careless behavior of the participant, erratic or careless behavior of other participants, supervisory or judgment error by Rotary staff (e.g., misjudging the capacity of the participant and/or the failure to identify the potential for injury.).
Further, Rotary feels that it is important that the PARTICIPANT/PARENT understands the three types of injuries that can occur at the Rotary Family Fitness Fun Fest: (1) Minor Injury, including but not limited to muscle strains and sprains, bruises, abrasions, blisters, rope burns, and contusions; (2) Serious Injury, including but not limited to severe sprains, broken bones, ligament and joint injuries, concussions, and eye injury; and (3) Catastrophic Injury, including but not limited to brain injury, cognitive impairment, paralysis, heart attack, and death.
ASSUMPTION OF RISKS:
I, the PARTICIPANT/PARENT, have read the above paragraphs and know that Rotary’s activities contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level and/or that of my minor child, and appreciate the types of injuries that may occur as a result of Rotary’s activities. I hereby assert that my participation and/or the participation of my minor child is voluntary and that I knowingly assume all risks of that participation, including but not limited to personal injury, bodily injury, mental injury, cognitive impairment, illness, or death regardless of the fault or negligence of Rotary. PARTICIPANT/PARENT UNDERSTANDS THAT ASSUMING THE RISK OF INJURY OR DEATH HAS SIGNIFICANT LEGAL IMPLICATIONS INCLUDING THE WAIVER OF LEGAL RIGHTS.
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WAIVER AND RELEASE OF LIABILITY:
In consideration of permission to use the Facility and services on October 5, 2024 and on all future dates, the PARTICIPANT/PARENT, both individually and on behalf of his/her/their spouse, heirs, children, parents or guardians, personal representatives, and assigns do hereby release, waive, and discharge any and all claims, suits, actions and/or causes of action against Rotary, including its directors, officers, affiliates, volunteers, independent contractors, equipment providers, agents, NIPSTA, and Glenview [hereafter referred to as “Protected Parties”] for any personal injury, death, economic loss, theft, or destruction of personal property arising from or in any way related to my participation or the participation of my minor child in activities at the Facility.
This WAIVER AND RELEASE OF LIABILITY is intentionally broad and covers, without limitation, all injuries or damages which may occur, regardless of fault or negligence on the part of Rotary and its Protected Parties arising from or relating in any way to: (a) the use of any and all amenities and equipment at NIPSTA; (b) participation in any activity at the NIPSTA Facility; (c) the sudden and unforeseen malfunctioning or failure of any equipment at the Facility; (d) slipping, tripping and/or falling while participating in Rotary activities and/or using the Facility including adjacent sidewalks and parking areas; (e) the failure of any Rotary staff member or volunteer to properly spot a participant or supervise an activity to prevent potential injury; and/or (f) any and all claims resulting from the damage to, loss of, or theft of property. PARTICIPANT/PARENT UNDERSTANDS THAT AGREEING TO THIS PROVISION INVOLVES THE WAIVER AND RELEASE OF LEGAL RIGHTS.
Indemnification Agreement:
The PARTICIPANT/PARENT also agrees to hold harmless, defend, and indemnify Rotary and all Protected Parties from and against any and all claims, demands, suits, actions or causes of action arising from or related to my participation and/or the participation of my minor child in activities at the Facility (including the payment of all judgments, settlements, attorney’s fees, litigation costs and expenses). This obligation includes but is not limited to: (1) claims made by other participants related to the acts or omissions of PARTICIPANT/PARENT and/or his, her, their minor children; and/or (2) claims for personal injury by a minor child of PARTICIPANT/PARENT that cannot be waived or released as a matter of law. PARTICIPANT/PARENT UNDERSTANDS THAT AGREEING TO THIS PROVISION CREATES LEGAL OBLIGATIONS ON THE PART OF THE PARTICIPANT/PARENT.
Clarifying Clauses:
1) I, the PARTICIPANT/PARENT, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me, Rotary, and the Protected Parties, and this agreement cannot be modified or changed in any way by oral representations or statements by any agent of Rotary.
2) I further expressly agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Illinois if any portion of this agreement is held invalid, the remainder shall remain in full legal force and effect.
Mandatory Binding Arbitration
Any claim, action, or cause of action arising from or related to the use of the Facility by PARTICIPANT/ PARENT and/or his/her/their minor child, or their presence at the Facility, including but not limited to claims for personal injury or death, shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. All applicable laws of the State of Illinois shall apply. PARTICIPANT/PARENT UNDERSTANDS THAT AGREEING TO THIS PROVISION CONSTITUTES A WAIVER OF THE RIGHT TO TRIAL BY JURY.
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Forum Selection
Any legal action by or on behalf of PARTICIPANT/PARENT to challenge the validity, applicability, or interpretation of this Agreement must be filed with the Clerk of the Circuit Court of Cook County, Illinois. PARTICIPANT/PARENT consents to personal and subject matter jurisdiction and venue in that court, and expressly waives the right to challenge jurisdiction or venue. All applicable laws of the State of Illinois shall apply.
In order for Rotary to more effectively provide for the safety, PARTICIPANT/PARENT must:
Rules and Actions
• Agree to obey all safety rules and alert the staff to any rule’s violations or dangerous behavior of co participants.
• Agree to stay in areas to which participant is assigned and not enter areas that will place me in undue danger.
• Acknowledge that it is the participant’s duty to inform staff and cease exercise immediately if he/she feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation.
• Agree to attempt only activities that participant feels he/she is capable of performing safely.
Health and Safety
• Acknowledge that one should get medical clearance prior to participation in a vigorous physical activity.
• Possess a sufficient level of skill and physical fitness for safe participation in Rotary activities.
• Have no health problems that would make participation in Rotary activities unwise.
• Authorize Rotary to administer emergency first aid and/or CPR when deemed necessary by Rotary.
• Authorize Rotary to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Rotary, and PARENT agrees to assume all costs of emergency medical care and transportation.
Photo/Video Release
• Authorize Rotary to use participation photo/video of participant in print/electronic marketing, advertising, and web content including third party companies that are contracted with Rotary.
Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read this Agreement and understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability of the Protected Parties, to the greatest extent allowed by law of the State of Illinois.
Additionally, I, the Parent/Guardian of a minor participant, assert that I have explained the risks of Rotary activities and Rotary safety rules to my minor son or daughter and that he or she understands the risks and agrees to follow the rules.
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I, THE PARTICIPANT/PARENT, HAVE READ AND AGREED TO THE TERMS AND CONDITIONS AS SET FORTH ABOVE, INCLUDING, BUT NOT LIMITED TO THE WAIVER AND RELEASE OF LIABILITY.
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Name of MINOR PARTICIPANT 1 (Print) (17 years or younger)
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Name of MINOR PARTICIPANT 2 (Print) (17 years or younger)
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Name of MINOR PARTICIPANT 3 (Print) (17 years or younger)
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Name of MINOR PARTICIPANT 4 (Print) (17 years or younger)
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Name of MINOR PARTICIPANT 5 (Print) (17 years or younger)
PARENT OR COURT-APPOINTED LEGAL GUARDIAN OF MINOR PARTICIPANT: (CAUTION: If Person signing below is not the Parent or Court-Appointed Legal Guardian of the MINOR PARTICIPANT, he/she is accepting financial responsibility for injury, consistent with the terms of this agreement.)
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Name: Parent or Legal Guardian (Print)
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Signature: Parent or Legal Guardian Date
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Emergency Contact Person Mobile Phone
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Name of ADULT PARTICIPANT (Print) (18 years or older)
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Signature of ADULT PARTICIPANT Date
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