LEGALDOCS - Release Agreement
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This Release Agreement is drafted for use in sporting events or similar special events that carry an inherent risk of injury to the participating person and/or to his or her equipment. This Release form provides for a release of the holder of the event, any owner of the holder of the event (for example, if the event holder is a subsidiary of a company), and also provides for an additional three (3) entities that can be released, if necessary (for example, often times a management company, insurance company, affiliates, etc., want to be named additional released parties). The Form also provides for the indemnification of the released parties, and further includes numerous representations pertaining to the releasing party's knowledge, experience, lack of alcohol/drug consumption, etc.
INFORMATION REGARDING THE PARTIES
The primary party being released is
(for example, ABC Corporation, an Illinois corporation)
If the primary party is an affiliate or subsidiary of a company, the name of the parent or owner of the primary party is .
If needed, name up to three additional parties that will be named as a "released party" in the agreement.
Description of the Event
For your information, Releases are typically narrowly construed by courts, and have often been deemed ineffective unless they give the Releasing Party a full and adequate description of the dangers and inherent risks that are being released. You need to be careful to describe the risks associated with the event in sufficient detail so that the Released Party cannot later claim "I wasn't told of that risk" (for example, in a bicycle event, the risk would be not only falling in a bike crash, but also being hit by a car that wrongfully entered the event area). But you also have to avoid including such an over encompasing description (i.e., the "shotgun approach") that the true risks are hidden in verbiage that covers every possible risk. With this admonition in mind, complete this section by trying to include the real dangers involved in the activity you will undertake, while avoiding to be overly broad in your description.
Complete this Sentence:
The releasing party will participate in
(for example: "a surfing contest to be held in Sunny Beach, California, which is a public beach without lifeguard protection, in the open ocean, subject to strong surf, rip current and other standard dangers associated with ocean swimming and surfing")
The Release states the Event carries inherent risk associated with participating in the Event. You can provide an additional statement of the types of risk involved in the Event by completing the blank in the following sentence:
"There is some inherent risk associated with this Event, specifically including but not limited to , and including personal injury or death to the participant." (for example, in the space you could write "falling from the bicycle, crashing with other bicycles, road hazards, hitting an obstruction in the road or beside the road, or colliding with a car on the race course")
In addition to various standard representations that are made by the person signing the Release, you can draft an additional representation that the releasing party has to make in the box below. If left blank, nothing will appear in the final document. Use full punctuation.
(for example: "The undersigned certifies that he or she is an experienced bicycle rider, has previously participated in off-road downhill bicycle events, that understands the dangers inherent full speed, downhill off-road cycling activities.")
This completes the information input for your Release Agreement. When you Send this Form, this program will prepare a Summary of the Release Agreement for your review. Make sure that all facts stated in the Summary are correct in all respects.
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