IMPORTANT! The undersigned participant (the “Participant”) has been invited to participate in “Incitement’s Liter of Light (the “Cause”), which is sponsored by Incitement Sdn Bhd (the “Company”), and hereby agrees to be bound by the terms of this Release, Waiver and Indemnity Agreement (the “Agreement”).
IN CONSIDERATION OF THE FOREGOING, I, on behalf of myself and my heirs, executors, administrators, and assignees, agree as follows:
1. I understand and am aware that participation in the Cause involves potentially hazardous activities (the “Activities”). I also understand that the Activities and/or the Cause involve a risk of injury and even death, and I am voluntarily participating in the Activities and/or the Cause with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death to myself in connection with the Activities and/or the Cause.
2. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in the Activities and/or the Cause. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in the Activities and/or the Cause. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to my physical activity and exercise so I might have his/her recommendations concerning the Activities and/or the Cause.
I ACKNOWLEDGE THAT I HAVE EITHER HAD A PHYSICAL EXAMINATION AND HAVE BEEN GIVEN MY PHYSICIAN’S PERMISSION TO PARTICIPATE IN THE ACTIVITIES AND THE Cause, OR THAT, NOTWITHSTANDING THE FOREGOING RECOMMENDATION FOR PRIOR PHYSICIAN’S APPROVAL, I HAVE DECIDED TO PARTICIPATE IN THE ACTIVITIES AND/OR THE Cause WITHOUT THE APPROVAL OF MY PHYSICIAN AND DO HEREBY ASSUME ALL RESPONSIBILITY FOR MY PARTICIPATION IN THE ACTIVITIES AND/OR THE Cause.
3. I accept and assume all risks, dangers and hazards and the possibility of personal injury, death, violence, property damage or loss that may be incurred in connection with the Activities and/or the Cause. I am aware and understand that my participation in the Activities and/or the Cause is strictly voluntary. After due consideration of my own mental and physical health, physical ability, medical conditions, experience and competence, it is my own choice to participate to whatever degree I deem appropriate.
4. In participating in the Activities and/or the Cause, I and any personal representative hold harmless, release and forever discharge the Company, and their respective directors, officers, agents, independent contractors, heirs, personal representatives, or employees from any and all actions, causes of actions, claims and demands for damages, loss or injury, resulting from or arising out of my participation in the Activities and/or the Cause, and covenant not to sue any of the persons or entities above-mentioned for the claims for which I have hereby provided my waiver and release. I also indemnify and hold harmless the Company from any and all actions, causes of actions, demands, expenses, or losses whatsoever which they may bear as a result of my participation in the Activities and/or the Cause, by reason of damage to any and all property and all personal injuries, including death of others or myself.
5. Should I require emergency medical treatment and am incapable of providing informed consent, I give permission for municipal EMT personnel or like “first responders” to make emergency medical decisions for me.
I HAVE HAD SUFFICIENT OPPORTUNITY TO CAREFULLY READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND IT, AND I AGREE TO BE BOUND BY ITS TERMS OF MY OWN FREE WILL. I FURTHER UNDERSTAND THAT IF ANY PORTION OF THIS AGREEMENT IS FOUND TO BE VOID OR UNENFORCEABLE, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT AND UNAFFECTED THEREBY.