Participant Registration & Waiver of Liability
Release & Waiver of Liability
I, the person registering to participate in the Mat-Su Plunge, being above the age of eighteen, or the legal guardian of a registrant who is under 18, in consideration of the services of the Mat-Su Plunge and Mat-Su Sertoma Club organizers and their officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf, hereby agree to release and discharge Sertoma International, the Mat-Su Sertoma Club and Mat-Su Plunge organizers and any additional insured companies on behalf of myself, my heirs, assigns, personal representatives and estate as follows:
1. I understand and acknowledge that the activity I am about to engage in as a participant bears certain known risks and unanticipated risks which could result in physical or emotional injury, death, paralysis, or damage to myself or spectators or other third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the event.
The Following List Describes Some of the Risks Associated with the Mat-Su Plunge event:
a. The risks inherent to participation.
b. Acts of other participants.
c. Risks incurred due to inclement weather conditions, including but not limited to high
winds, rain, snow and cold temperatures.
d. My own physical condition, or my own acts or omissions.
e. Risks incurred due to conditions of the venue or ice.
f. Risks incurred from receiving First Aid, emergency treatment or other medical services rendered.
g. Risks incurred due to the distance of this activity’s location from emergency medical
2. Being aware that this activity entails known and unknown risks of injury to myself and a risk of injury to spectators or other third parties as a result of my actions, I expressly agree, covenant, and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself to others arising from my participation in this event. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify Sertoma International, the Mat-Su Sertoma Club, and the Mat-Su Plunge organizers and their employees, volunteers and all other persons or entities from any liability, claims, demands, actions or rights of actions, which are related to, arise out of, or are in any way connected with my participation in this even, including specifically but not limited to, the acts or omissions of the Mat-Su Sertoma Club and Mat-Su Plunge organizers, their volunteers or employees, and all other persons or entities for any and all injury, death, illness or disease, and damage to myself.
4. Should it become necessary for the Mat-Su Sertoma Club and Mat-Su Plunge organizers or someone on the Mat-Su Sertoma Club and Mat-Su Plunge organizers behalf, in incur attorney’s fees and costs to enforce this agreement, or any part thereof, I agree to pay the Mat-Su Sertoma Club and Mat-Su Plunge organizers reasonable costs and attorney’s fees thereby expended, or for which liability is incurred.
5. I certify that I have sufficient health, accident and liability insurance to cover any bodily injury I may incur while participating in this event and to cover bodily injury caused to a third party as a result of my participation in this event. If I have no such insurance, I certify that I am willing to and capable of personally paying for any and all such expenses or liability.
6. In the event that I file a lawsuit against the Mat-Su Sertoma Club and Mat-Su Plunge organizers, I agree to do so solely in the state of Alaska, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
7. I authorize the use of my photogenic image for inclusion in any Mat-Su Sertoma Club and Mat-Su Plunge brochure or for any other advertising purposes.
BY SUBMITTING MY REGISTRATION ONLINE, I FULLY RECOGNIZE THAT IF ANYONE IS HURT WHILE I AM ENGAGED IN THIS EVENT, I WILL HAVE FREELY GIVEN UP MY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST SERTOMA INTERNATIONAL, THE MAT-SU SERTOMA CLUB, AND THE MAT-SU PLUNGE ORGANIZERS, AS WELL AS THEIR OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES, EVEN IF THEY OR ANY OF THEM CAUSED THE BODILY INJURY. I RECOGNIZE THAT “PLUNGING” IS INHERENTLY RISKY AND DANGEROUS AND AM PARTICIPATING IN THIS EVENT IN SPITE OF THE RISKS.
BY PROCEEDING TO THE REGISTRATION FORM, I INDICATE THAT I HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND IT COMPLETELY, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, AND AGREE TO BE BOUND BY ITS TERMS.