PLEASE READ CAREFULLY BEFORE ACCEPTING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
Assumption of Risk & Waiver/Release
I, (parent/guardian), on behalf of myself and as the parent/legal guardian of the above named participant(s), understand, agree and acknowledge that there are risks inherent in the pool and sport related activities conducted by Pinehurst Cabana Club including, but not limited to, paralyzing injuries, brain injuries, illness, and death. I am also aware of the risks of such injury, illness or death that may result from, among other causes, the active or passive negligence of Pinehurst Cabana Club, its members, employees, and/or board of directors, (collectively, the "Released Parties"), including, without limitation, negligent instruction, negligent supervision, negligent rescue operations, dangerous or defective equipment or property owned, maintained or controlled by Pinehurst Cabana Club, or because of liability without fault, even if caused by the actions or omissions of others.
I am knowingly and voluntarily engaging in, and hereby permit the participant(s) to engage in, the activities conducted by Pinehurst Cabana Club with knowledge of such risks, and, for myself and on behalf of the participant(s), hereby assume any and all known and unknown risks of injury, illness or death that may occur in connection with any and all Pinehurst Cabana Club activities. Participation in activities conducted by Pinehurst Cabana Club is completely voluntary, and I elect to participate, and have the participant(s) participate, in spite of risks. I hereby release the Released Parties (which includes Pinehurst Cabana Club) from all liability to myself or the participant(s) for any and all liability, claims, damages, or demands for personal injury or death arising from or related to the activities conducted by Pinehurst Cabana Club, whether such injury or death occurs on or off the premises upon which Pinehurst Cabana Club activities are conducted.
I understand that this release includes all claims against Released Parties arising from its ordinary negligence, but that it does not include claims arising from Released Parties' gross negligence. I agree this release constitutes a complete release, discharge and waiver of any and all actions or causes of action, (other than those arising from gross negligence), against the Released Parties, arising in connection with any and all activities in which I or the participant(s) participate while participating in activities conducted by Pinehurst Cabana Club or my or the participant(s) use of facilities utilized by Pinehurst Cabana Club. I agree that I, my children, my parents, my heirs, assigns, personal representatives, guardians, and estate will not make a claim against, sue, attach the property of, or prosecute the Released Parties, for injury, illness or death resulting from negligence or other acts, howsoever caused, by the Released Parties, as a result of my participation in the activities conducted by Pinehurst Cabana Club or use of related facilities.
To the extent permitted by law, I hereby agree to indemnify and hold harmless the Released Parties from any and all liabilities or claims made by other individuals or entities as a result of any of my actions or the actions of my participant(s), or any failure of any equipment I or the participant(s) use at, or I or participant(s) bring to a facility used Pinehurst Cabana Club, while I or the participant(s) are engaged in any Pinehurst Cabana Club activity, including, without limitation, any litigation, expenses, attorney's fees, loss, liability, damage or cost which may occur as a result of any such claims.
Should any of the Released Parties, be required to incur attorneys' fees and costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs.
With the full understanding of the facts, I state, that to the best of my knowledge, neither I nor the participant(s) listed on this waiver have any medical, physical, mental, or emotional health condition which would hinder or prevent his/her active participation in Pinehurst Cabana Club activities.
This Assumption of Risk and Waiver/Release of Liability shall be governed by California Law without giving effect to any conflict of law provision, and shall be construed broadly to provide a release and waiver to the maximum extent permissible under the applicable law. In the event that I file a lawsuit against Pinehurst Cabana Club, I agree to do so solely in the state of California. I agree that if any portion of this Assumption of Risk and Waiver/Release Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes entire agreement between the parties and it cannot be changed or modified except in writing.
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT DURING MY PARTICIPATION IN AN ACTIVITY CONDUCTED BY PINEHURST CABANA CLUB OR WHILE AT A FACILITY USED BY PINEHURST CABANA CLUB, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT AND THE RIGHT OF THE PARTICIPANT(S) TO MAINTAIN A LAWSUIT AGAINST THE RELEASED PARTIES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM IN THIS DOCUMENT. IT IS THE INTENTION OF THE UNDERSIGNED TO EXEMPT AND RELIEVE THE RELEASED PARTIES FROM LIABILITY FOR PERSONAL INJURY OR WRONGFUL DEATH. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND PINEHURST CABANA CLUB AND I SIGN IT OF MY OWN FREE WILL.
I have read and understand, and I agree with this Assumption of Risk and Waiver/Release of Liability. I represent and warrant that I am the parent or legal guardian of the participant(s) and am acting in such capacity in executing this document. I agree to indemnify and hold harmless each of the Released Parties from all liability, loss, cost, claim or damage whatsoever which may be imposed upon the Released Parties because of defect in or lack of such capacity to so act and release the Released Parties on behalf of the participant(s).
Consent for Emergency Medical Treatment
In the event of a medical emergency I hereby grant authorization to Pinehurst Cabana Club to employ any and all health care providers to direct/give or order emergency medical treatment for myself and/or the participant(s). I understand that this authorization is given prior to any need for medical care but given to avoid unnecessary delay in emergency treatment which the attendant and/or medical professional may deem advisable in the exercise of best judgment. I further agree that Pinehurst Cabana Club shall not be liable under any circumstances to anyone for exercising and/or ordering emergency medical treatment for myself and/or the above participant(s).
