IN CONSIDERATION of being permitted to utilize the facilities, services and programs of Together We Achieve for any purpose, including, but not limited to observation or use of facilities or equipment, or participation in any on or off-site program affiliated with Together We Achieve, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will, inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into Together We Achieve for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER TOGETHER WE ACHIEVE FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY ON OR OFF-SITE PROGRAM AFFILIATED WITH TOGETHER WE ACHIEVE. THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
1. THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO PURSUE LEGAL ACTION OF ANY KIND TOGETHER WE ACHIEVE, its directors, officers, employees, and agents (hereinafter referred to as “releasees”') from all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the Together We Achieve.
2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage or cost they may incur due to the presence of the undersigned in, upon or about Together We Achieve’s premises or in any way observing or using any facilities or equipment of Together We Achieve or participating in any program affiliated with Together We Achieve whether caused by the negligence of the releasees or otherwise.
3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to negligence of releasee or otherwise while in, about or upon the premises of Together We Achieve and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with Together We Achieve. THE UNDERSIGNED further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of Iowa and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
REFUSAL TO SIGN THIS FORM WILL RESULT IS SUSPENSION OF ALL SERVICES AND ACCESS TO THE TOGETHER WE ACHIEVE PREMISES AND ALL PROGRAMS WHETHER ON OR OFF-SITE.