• 800-232-LOWE (5693)
  • info@lowe.org
  • 58220 Decatur Road, Cassopolis, MI 49031

Waiver and Release

EDWARD LOWE FOUNDATION

 

WAIVER & RELEASE

In consideration of being permitted to attend and participate in events and programs, utilize services, utilize certain indoor recreational/exercise equipment and outdoor recreational facilities and related equipment (“Equipment and Facilities) owned by the Edward Lowe Foundation (“ELF”) or otherwise enter and utilize certain land owned by ELF (“ELF Land”) and situated in Cass County, Michigan, I, (the “Participant”), for myself, my personal representatives, distributees, executors, administrators, assigns, heirs, and next of kin agree to the following terms and conditions:

  1. I acknowledge, agree, and represent that I am qualified, in good health, and in proper physical condition to use the Equipment and Facilities and participate in any activities I undertake on the ELF Land, including, but not limited to, attending, and participating in, events and programs and utilizing services. I further agree and warrant that if, at any time, I believe conditions to be unsafe or that I am unable to participate safely in an activity, I will immediately discontinue further use of the Equipment and Facilities and/or participation in any such activity.
  2. I hereby release, discharge, and covenant not to sue ELF, its administrators, directors, agents, trustees, officers, members, volunteers, and employees, officials, sponsors, advertisers, and owners (the “Releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; and I further agree that if, despite this Agreement I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
  3. I fully understand that: (a) the use of the ELF Land and the Equipment and Facilities are potentially hazardous activities and may present extreme obstacles INVOLVING RISKS AND DANGERS OF SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH, including, without limitation, the risks of the following: encounters with wild and domestic animals, poisonous snakebites, uneven/steep terrain, inclement/violent weather, lightning, faulty equipment, hunting/fishing/boating and/or sledding mishaps, drowning, injuries from electrical wires, falling branches or trees, stepping or falling into animal traps, ravines, or gullies, insect stings, poisonous plants, etc. (the “Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others on the ELF Land, the conditions in which any activities takes place, or the negligence of the “Releasees”; (c) there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my use of the Equipment and Facilities and ELF Land.
  4. BY ACCEPTING THESE TERMS, I ACKNOWLEDGE THAT I AM SOLELY RESPONSIBLE FOR ANY INJURES INCURRED ON ELF LAND, AND I FOREVER AND UNCONDITIONALLY WAIVE AND DISCLAIM ANY RIGHT I MIGHT HAVE TO ASSERT ANY CLAIM, INCLUDING, BUT NOT LIMITED TO, FOR RELEASEES’ OWN NEGLIGENCE, AGAINST RELEASEES.
  5. I further acknowledge and represent that:
  6. I have read the foregoing Agreement, understand that I have given up substantial rights by signing it, and sign it voluntarily without any inducement or assurance whatsoever.
  7. I am over 18 years of age and of sound mind, or my adult parent or legal guardian has signed the Minor Release below on my behalf.
  8. My use of the Equipment and Facilities and/or ELF Land is at the sole pleasure and discretion of ELF and that the permissible use thereof may be limited, restricted, withdrawn, or revoked by ELF, with or without cause or reason.
  9. I agree to be solely responsible for my own safety in the use of the Equipment and Facilities and ELF Land. I acknowledge and agree that ELF shall not have any obligation to provide safety equipment, devices, or protective gear, such as helmets, protective pads, life jackets, etc., nor shall ELF have any obligation to provide a trainer, attendant, instructor, or medical personnel during my use of the Equipment and Facilities and ELF Land.  I further acknowledge and agree that ELF shall not have any obligation to supervise, assist, or observe my use of the Equipment and Facilities and ELF Land or to provide any safety personnel, including any lifeguard.  I hereby release, discharge, and covenant not to sue the Releasees from any and all liability resulting from the failure to provide such safety equipment, devices, or protective gear and from the absence of any trainer, attendant, instructor, medical personnel and/or lifeguard.  This subparagraph shall not be deemed to be waived if ELF voluntarily provides any safety equipment or supervisory personnel to me.
  10. I will comply with all rules, regulations, and directives, written and verbal, issued by ELF, its agents, and its employees governing the use of the Equipment and Facilities and ELF Land, including, without limitation, refraining from use during those times when use is expressly prohibited. I agree to use the Equipment and Facilities only in the manner for which they are designed and intended.
  11. I agree this Agreement will be interpreted and enforced in accordance with the laws of the State of Michigan without regard to its conflicts of laws principles.
  12. I acknowledge and agree that the foregoing Agreement is intended to be a complete and unconditional release of all liability of Releasees to the greatest extent permitted by the laws of the State of Michigan. If any portion of this Agreement is held to be invalid, I agree that any remaining portion will continue in full legal force and effect.

MINOR RELEASE: (must be completed by Parent/Legal Guardian for any Participant under the age of 18)

I, the parent and/or legal guardian of the Participant, a minor, understand the nature of the Equipment and Facilities and contemplated activities on the ELF Land and the Participant’s experience and capabilities and believe the Participant to be qualified, in good health, and in proper physical condition to participate in such activities. I hereby release, discharge, waive, disclaim, covenant not to sue, and agree to indemnify and save and hold harmless each of the Releasees from all liability, claims, demands, losses, or damages on the Participant’s account caused, or alleged to be caused, in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations and further agree that if, despite this release, I, the Participant, or anyone on the Participant’s behalf makes a claim against any of the Releasees named above, I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or any cost that may occur as a result of any such claim. I state further that I have read, understood, and consent on behalf of the Participant to the Agreement. The Agreement will be binding upon the Participant and me, and our respective heirs, legal representatives, and assigns.