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Draft a Release of Liability Waiver for a sports event.

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Introduction

In drafting a Release of Liability Waiver for a sports event in Kenya, it is essential to ensure that the document is comprehensive and legally binding. The waiver should protect the event organizers from legal claims arising from injuries or damages that participants might incur during the event. The primary sources for this document include the Constitution of Kenya, the Law of Contract Act (Cap 23), and the Occupiers Liability Act (Cap 34).

General Provisions
- 1.1 Purpose
- 1.2 Definitions
Assumption of Risk
- 2.1 Acknowledgment of Risks
- 2.2 Voluntary Participation
Release and Waiver
- 3.1 Release of Liability
- 3.2 Indemnification
Medical Treatment
- 4.1 Consent to Medical Treatment
- 4.2 Medical Insurance
Miscellaneous Provisions
- 5.1 Governing Law
- 5.2 Severability
- 5.3 Entire Agreement
Signature and Date

1. General Provisions

1.1 Purpose

The purpose of this Release of Liability Waiver is to protect the event organizers, sponsors, and other associated parties from legal claims arising from injuries or damages that participants might incur during the sports event.

1.2 Definitions

Event: Refers to the sports event organized by [Organizer's Name] on [Event Date].
Participant: Refers to any individual who registers and participates in the Event.
Organizer: Refers to [Organizer's Name], including its employees, agents, and volunteers.

2. Assumption of Risk

2.1 Acknowledgment of Risks

The Participant acknowledges that participation in the Event involves inherent risks, including but not limited to physical injury, property damage, and other unforeseen risks. The Participant understands and accepts these risks.

2.2 Voluntary Participation

The Participant confirms that their participation in the Event is voluntary and that they have not been coerced or otherwise compelled to participate.

3. Release and Waiver

3.1 Release of Liability

In consideration of being allowed to participate in the Event, the Participant hereby releases, waives, and discharges the Organizer from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant while participating in the Event.

3.2 Indemnification

The Participant agrees to indemnify and hold harmless the Organizer from any loss, liability, damage, or costs, including court costs and attorney fees, that may incur due to the Participant's participation in the Event.

4. Medical Treatment

4.1 Consent to Medical Treatment

The Participant consents to receive medical treatment deemed necessary by medical personnel during the Event. The Participant agrees to be responsible for any medical costs incurred as a result of such treatment.

4.2 Medical Insurance

The Participant acknowledges that it is their responsibility to secure adequate medical insurance to cover any medical expenses that may arise from participation in the Event.

5. Miscellaneous Provisions

5.1 Governing Law

This Waiver shall be governed by and construed in accordance with the laws of Kenya.

5.2 Severability

If any provision of this Waiver is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

5.3 Entire Agreement

This Waiver constitutes the entire agreement between the Participant and the Organizer concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

6. Signature and Date

By signing below, the Participant acknowledges that they have read and understood this Release of Liability Waiver and agree to its terms.

Participant's Name: ___________________________

Participant's Signature: ________________________

Date: _______________________________________

Organizer's Representative Name: _______________

Organizer's Representative Signature: ___________