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In consideration of the authority to participate in Theater of Darkness (hereafter"TOD") activities, as well as the use of the property, facilities and/or services of White Wolf, Inc., West Virginia University, and Theater of Darkness, their owners, managers, agents, staff, and players, the undersigned agrees as follows:
1. RISK FACTORS: The undersigned understands and acknowledges that the participation in TOD activities, including but not limited to the use of equipment, facilities and services provided by TOD, White Wolf, Inc., or West Virginia University, and their owners, managers, agents, staff, and players, involves risks such as, but not limited to, the following which might result from the use of equipment or facilities, from the activity itself, from the acts of others, or from the unavailability of emergency or emergency medical care: RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLE DEATH. The undersigned also acknowledges that he or she is in good mental and physical health, and that he or she has no physical or mental limitations that would preclude involvement in TOD activities.
2. ASSUMPTION OF RISK. The undersigned ASSUMES ALL RISKS THAT ARISE OUT OF THE PARTICIPATION IN TOD ACTIVITIES, including risks that arise from any action or inaction, negligent, intentional or unintentional, of any of the owners, managers, agents, staff, and players of TOD, White Wolf, Inc., or West Virginia University. The undersigned freely and voluntarily chooses to assume all such risks, whether or not specifically identified in this document, that may be associated with, result from, or arise from the undersigned's participation in TOD activities, even if caused by the negligence of the owners, managers, agents, staff, and players of TOD, White Wolf, Inc., or West Virginia University.
3. ACKNOWLEDGEMENT OF POLICIES AND PROCEDURES. The undersigned acknowledges reading and knowing all of the policies and procedures relating to the activities, facilities, and/or equipment associated with participation in TOD activities, and understands that the safe and proper use of the facilities, equipment, or participation in the activity is dependent upon carefully following such policies and procedures.
4. RELEASE. The undersigned RELEASES TOD, White Wolf, Inc., and West Virginia University, as well as the owners, managers, staff, and players of each and agrees NOT TO SUE them, or to assist in the prosecution of any suit, on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of participation in TOD activities, including those based on death, bodily injury or property damage whether or not caused by the acts, omissions or other fault of the parties being released.
5. WAIVER. The undersigned waives the protection afforded by any statute or law in any jurisdiction, including West Virginia, whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims against the owners, managers, agents, staff, and players of TOD, White Wolf, Inc., and West Virginia University, with regard to participation in any and all TOD activities.
6. INFEMNIFY AND DEFEND. The undersigned agrees to INDEMNIFY AND DEFEND TOD, White Wolf, Inc., and West Virginia University, as well as the owners, managers, agents, staff, and players (hereinafter jointly referred to as "indemnitee") of each against, and hold them harmless from, any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from participation in TOD activities or this agreement which include but are not limited to damages to or destruction of any property of the indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of the indemnitee, the undersigned or anyone else.
7. PAYMENT FOR DAMAGES. The undersigned agrees to pay for any or all damages to any property or indemnitee caused by the undersigned either negligently, willfully, or otherwise.
8. REPRESENTATIVES. The undersigned enters into this agreement for himself/herself, his/her heirs, assigns and legal representatives.
9. EMERGENCY TREATMENT CONSENT. The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.
10. INSURANCE. The undersigned understands that TOD, White Wolf, Inc., and West Virginia University, as well as the owners, managers, staff, and players, do not carry participant insurance with regard to TOD activities.
11. ACKNOWLEDGMENT. The undersigned has read and understands this agreement and realizes it relates to surrendering valuable legal rights and does so freely and voluntarily.
_______________________________________________________ Date:______________________
Signature
CONSENT AND RELEASE ON BEHALF OF MINOR
I am the parent and/or legal guardian of the above maned minor,____________________________________________. I have read and understand
the agreement involves surrendering valuable legal rights of the minor and myself. I agree to be bound by all terms of this agreement.
I also give my consent for the minor to participate in TOD activities.
_______________________________________________________ Date:______________________
Signature of Parent/Legal Guardian
EMERGENCY CONTACT INFORMATION:
NAME:______________________________________________________________________________________
ADDRESS:___________________________________________________________________________________
CITY:_____________________________STATE:___________ZIP:________TELEPHONE:__________________