1. Voluntary Participation and Assumption of Risk. I understand that my participation in Activities is voluntary. I understand and acknowledge that Activities may involve risks of injury, illness, death, or damage to or loss of property. Depending upon the Activity, these risks may include, without limitation, risks arising from physical activity; use of tools, machinery, computers, electronic or electrical equipment, vehicles, recreational equipment, or other equipment; trips or travel away from Association property; acts or omissions of other participants; conditions of Association facilities or other locations where Activities occur; and other known or unknown, foreseeable or unforeseeable risks associated with participation in Activities.
I knowingly and voluntarily assume the risks associated with my participation in Activities, whether specifically described above or not, and accept responsibility for determining whether I am able to participate safely in a particular Activity.
2. Release and Waiver of Liability. TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SUNLAND VILLAGE EAST ASSOCIATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, COMMITTEE MEMBERS, CLUBS, CLUB OFFICERS, VOLUNTEERS, AGENTS, REPRESENTATIVES, AND INSURERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM CLAIMS FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO MY PARTICIPATION IN AN ACTIVITY, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
This release does not apply to claims that cannot lawfully be released or waived under Arizona law.
3. Rules and Safety Requirements. I agree to comply with applicable Association and club rules, facility rules, safety requirements, equipment use instructions, and reasonable directions of persons responsible for administering an Activity. I understand that the Association or persons administering an Activity may restrict or terminate my participation if I fail to comply with applicable rules or safety requirements or if my continued participation creates an unreasonable risk to myself or others.
4. Responsibility for Personal Property. I understand that I am responsible for my personal property brought to or used in connection with an Activity. To the fullest extent permitted by law, I assume the risk of loss of or damage to my personal property associated with my participation in an Activity.
5. Third-Party Claims. I agree to indemnify and hold harmless the Released Parties from third-party claims, liabilities, damages, costs, and expenses arising from my negligent or wrongful acts or omissions in connection with an Activity, except to the extent caused by the negligence or wrongful conduct of a Released Party.
6. Continuing Agreement. Unless the Association requires a new waiver for a particular Activity, this Waiver applies to my participation in Association Activities occurring after I execute it. The Association may require a separate or supplemental waiver for an Activity involving risks not reasonably contemplated by this general Waiver.
7. Severability and Arizona Law. This Waiver shall be governed by Arizona law and is intended to be interpreted as broadly as permitted by Arizona law. If any provision is determined to be invalid or unenforceable, the remaining provisions shall remain effective to the fullest extent permitted by law.
8. Electronic Acceptance and Signature. This Waiver may be accepted electronically through an Association-approved electronic form. By entering my full name, affirmatively selecting the box or button labeled “I Agree to the Assumption of Risk, Waiver and Release of Liability,” and submitting the form, I acknowledge that I have been provided the opportunity to review this entire Waiver, that I intend to sign it electronically, and that I agree to be legally bound by its terms. My electronic acceptance constitutes my electronic signature and has the same intended force and effect as my handwritten signature. The Association also accepts a handwritten signature on a paper copy of this Waiver.
I HAVE READ AND UNDERSTAND THIS ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY. I UNDERSTAND THAT IT INCLUDES AN ASSUMPTION OF RISK AND A RELEASE OF CLAIMS, INCLUDING CLAIMS BASED UPON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, AND THAT BY ACCEPTING IT I AM GIVING UP LEGAL RIGHTS. I ACCEPT THIS WAIVER KNOWINGLY AND VOLUNTARILY.
