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Draft a Release of Liability Waiver for a sports event.
Release of Liability Waiver
This Release of Liability Waiver ("Waiver") is made and entered into as of [Date] by and between [Your Full Name], residing at [Your Full Address] ("Participant"), and [Organization Name], a [Type of Organization] organized and existing under the laws of [Country] ("Organization").
1. Introduction
1.1. The Participant desires to participate in the [Event Name] ("Event") organized by the Organization. The Event will be held on [Date] at [Location].
1.2. The Participant acknowledges that the Event involves inherent risks and dangers, including but not limited to:
Physical Injuries: The Participant understands that there is a risk of physical injury, including but not limited to sprains, strains, fractures, concussions, and other serious injuries.
Medical Emergencies: The Participant understands that there is a risk of medical emergencies, including but not limited to heart attacks, strokes, and allergic reactions.
Weather Conditions: The Participant understands that the Event may be held in various weather conditions, including but not limited to extreme heat, cold, rain, and wind.
Equipment Failure: The Participant understands that there is a risk of equipment failure, including but not limited to malfunctioning equipment, broken equipment, and improper equipment use.
Negligence: The Participant understands that there is a risk of negligence by the Organization, its employees, volunteers, or other participants.
1.3. The Participant acknowledges that the Organization has taken reasonable steps to ensure the safety of the Event, but that it cannot guarantee the safety of the Participant.
2. Release of Liability
2.1. In consideration of the Organization allowing the Participant to participate in the Event, the Participant hereby releases, waives, discharges, and covenants not to sue the Organization, its officers, directors, employees, volunteers, agents, representatives, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including attorney's fees) of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, arising out of or in connection with the Participant's participation in the Event, including but not limited to:
Any injury, death, or property damage caused by the negligence of the Released Parties.
Any injury, death, or property damage caused by the Participant's own negligence.
Any injury, death, or property damage caused by the negligence of any other participant.
Any injury, death, or property damage caused by any other third party.
2.2. The Participant further agrees to indemnify and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including attorney's fees) of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, arising out of or in connection with the Participant's participation in the Event.
3. Assumption of Risk
3.1. The Participant acknowledges and agrees that the Participant is voluntarily participating in the Event and that the Participant is fully aware of the risks and dangers involved.
3.2. The Participant further acknowledges and agrees that the Participant is solely responsible for the Participant's own safety and well-being during the Event.
4. Medical Treatment
4.1. The Participant acknowledges and agrees that the Participant is responsible for obtaining any necessary medical treatment for any injury or illness that the Participant may sustain during the Event.
4.2. The Participant further acknowledges and agrees that the Participant will not hold the Released Parties liable for any medical expenses incurred by the Participant as a result of the Participant's participation in the Event.
5. Photography and Video Recording
5.1. The Participant acknowledges and agrees that the Organization may take photographs and video recordings of the Participant during the Event.
5.2. The Participant further acknowledges and agrees that the Organization may use these photographs and video recordings for any purpose, including but not limited to promotional materials, social media, and website content.
6. Governing Law
6.1. This Waiver shall be governed by and construed in accordance with the laws of the Republic of Kenya.
7. Severability
7.1. If any provision of this Waiver is held to be invalid or unenforceable, such provision shall be struck from this Waiver and the remaining provisions shall remain in full force and effect.
8. Entire Agreement
8.1. This Waiver constitutes the entire agreement between the Participant and the Organization with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Waiver of Jury Trial
9.1. The Participant hereby waives any right to a jury trial in any action or proceeding arising out of or relating to this Waiver.
10. Binding Effect
10.1. This Waiver shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
11. Acknowledgement
11.1. The Participant acknowledges that the Participant has read and understood this Waiver and that the Participant is voluntarily signing this Waiver.
12. Signatures
IN WITNESS WHEREOF, the parties have executed this Waiver as of the date first written above.
Participant:
[Your Full Name]
[Your Signature]
Organization:
[Organization Name]
[Authorized Representative Signature]
[Printed Name]
Witness:
[Witness 1 Full Name]
[Witness 1 Signature]
[Witness 1 Address]
Table of Contents
Introduction
Release of Liability
Assumption of Risk
Medical Treatment
Photography and Video Recording
Governing Law
Severability
Entire Agreement
Waiver of Jury Trial
Binding Effect
Acknowledgement
Signatures
TLDR
This Release of Liability Waiver releases the Organization from any liability for injuries or damages sustained by the Participant during the Event. The Participant acknowledges the risks involved and assumes full responsibility for their own safety.
Conclusion
This Release of Liability Waiver is a legally binding document that protects the Organization from liability for injuries or damages sustained by the Participant during the Event. It is important for the Participant to carefully read and understand the terms of this Waiver before signing it.
Sources:
Case Laws
Case Name: * [Case Name] *
Parties: [Plaintiff] v. [Defendant]
Outcome: [Outcome]
Relevance: This case is relevant because it establishes the legal principles governing the enforceability of release of liability waivers in Kenya.
Case Name: * [Case Name] *
Parties: [Plaintiff] v. [Defendant]
Outcome: [Outcome]
Relevance: This case is relevant because it provides guidance on the specific elements that must be included in a release of liability waiver to be enforceable in Kenya.
Answered by mwakili.com