In consideration of the risk of injury that exists while participating in HARRISVILLE TRAIN DEPOT RESTORATION ACTIVITIES (hereinafter the activity); and
In consideration of my desire to participate in said activity and being given the right to participate in the same;
I HEREBY for myself, heirs, executors, administrators, assigns, or personal representatives (hereby collectively, "Releasor","I", or "me", which terms shall also include Releasor's parents or guardian if the Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the activity; and
I HEREBY release and forever discharge ALCONA HISTORICAL SOCIETY, and HARRISVILLE DEPOT COMMITTEE, located at PO Box 313 Harrisville MI 48740, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively "Releases"), from any physical or physiological injury that I may suffer as a direct result of my participation in the aforementioned activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY/ACTIVITIES ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THESE ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PHYSIOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATIONS(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN SAID ACTIVITY/ ACTIVITIES.
I FURTHER AGREE, to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, including attorneys fees and any related costs.
I FURTHER ACKNOWLEDGE that releasees are not responsible for errors, omissions, acts or failure to actor any party or entity conducting a specific event or activity on behalf of the Releasees. In the event that I should require medical treatment, I am responsible for my own care and recovery.
I FURTHER ACKNOWLEDGE that this activity/activities may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in Activities unless I am medically able and properly trained, and I agree to abide by the decision of the Alcona Historical Society &/or Harrisville Depot Committee official or agent, regarding my approval to participate in Activities.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALCONA HISTORICAL SOCIETY, & HARRISVILLE DEPOT COMMITTEE, AND ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ALCONA HISTORICAL SOCIETY &/or HARRISVILLE DEPOT COMMITTEE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibite releases for ordinary negligence, this release is also for such negligence on the part of ALCONA HISTORICAL SOCIETY, &/or HARRISVILLE DEPOT COMMITTEE, it's agents, or employees.
I agree that this release shall be governed by all purposes by Michigan Law without regard to any conflict of law principles. This release supersedes any and all previous oral or written promises or written agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agents willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions or neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arms-length, without any duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant (named in the form below), and Alcona Historical Society and Harrisville Depot Committee agree that this agreement is clear and unambiguous as to its terms, and that no other evidences shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event of any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain In full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, then said provision shall be written, construed, and enforced as so limited.