Boat Outing on 8/20/2023
THIS WAIVER CONSENT APPLIES TO ME AND TO ANYONE THAT I HAVE PURCHASED TICKETS FOR UNDER MY ACCOUNT. BY TRANSFERRING TICKETS OR ORDERING TICKETS THAT I PURCHASE HERE TO ANYONE, I AM ASSUMING ALL RISK AND LIABILITY ON THEIR BEHALF THAT MAY ARISE FROM THEIR PARTICIPATION IN THIS EVENT AND IT IS MY RESPONSIBILITY TO INFORM THEM THAT THIS LIABILITY WAIVER WAS AGREED TO ON THEIR BEHALF.
THIS IS A SOCIAL EVENT WHERE ALCOHOL MAY BE CONSUMED.
BY PURCHASING A TICKET AND ATTENDING THE EVENT, YOU WILL BE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE – PLEASE READ CAREFULLY.
I, the undersigned (the “Participant”), in consideration of being allowed to participate in the boating event (the “Event”) organized by The Playpen Events LLC, an Illinois registered limited liability company (the “Company”), hereby agree as follows:
- Voluntary Participation: I wish to participate in the boat party event and I acknowledge that my participation in this Event is completely voluntary.
- Assumption of Risk: I acknowledge that participation in the Event carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand there are inherent risks associated with boating, including, but not limited to equipment failure, perils of the sea, harm caused by other vessels, acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks. These risks range from minor injuries such as scratches, bruises, and sprains to major injuries such as loss of sight, joint or back injuries, heart attacks, and concussions to catastrophic injuries including loss of limbs, paralysis and death. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Company or others, and assume full responsibility for my participation.I fully assume responsibility for my own safety (including, without limitation, following all directions of the boat’s captain and Released Parties) while participating in the Event.
- Waiver and Release: I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, hold harmless and promise not to sue the Company, its officers, directors, agents, employees, other participants, sponsors, advertisers, owners and lessees of premises used for the Event, (collectively “Releasees”), with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
- Affirmation of Fitness: I affirm that I am in a good mental and physical fitness for participating in the Event, and that I am not under the influence of any drugs that are contradictory to participation in the Event. If I am taking medication(s), I affirm that I have seen a physician and have an approval to participate in the Event under the influence of the medication(s) or drug(s). I fully understand that the involved boat has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions and shall release the Company and all parties from liability for any consequence of delay or care or cost of medical transportation to the medical facility. I fully understand that no person associated with The Playpen Events LLC / Released Parties has made any express or implied representation to me that they or the boat’s crew can or will perform safe rescues or render first aid. In the event that I show signs of distress or call for aid I would like assistance and will not hold any person or entity responsible for their actions in attempting the performance or rescue or first aid.
- Indemnification: I agree to indemnify, defend and hold harmless the Company and the other Releasees from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by the Company and/or the other Releasees, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments directly or indirectly arising out of, or relating to, my participation in the Event.
- Compliance with Rules: I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company official relative to my ability to safely participate in or attend the Event.
- Severability: If any term or provision of this Waiver will be held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
- Governing Law and Venue: This Waiver shall be governed by and construed under the laws of the state of Illinois, without regard to conflict of laws principles. All disputes arising out of or relating to this Waiver shall be exclusively venued in the state and federal courts located in Illinois, and each party consents to the personal jurisdiction thereof.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY PROCEEDING TO PURCHASE A TICKET OR ATTEND THIS EVENT, AND HAVE DONE SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I AFFIRM THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT AND I AGREE TO BE BOUND BY ITS TERMS.