Common use of Risk of Injury Clause in Contracts

Risk of Injury. On behalf of my Child, I acknowledge and understand that my Child may be injured by participating in the Activity. Such injuries may include, without limitation, physical or psychological 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 Child’s negligence or that of others. On behalf of my Child, I understand that any of the aforementioned injuries can occur anywhere in the facility where the Activity takes place such as bathrooms, locker rooms, stairwells and offices of such facilities. Nonetheless, on behalf of my Child and myself, I assume all related risks, both known or unknown to me. RELEASE. IN CONSIDERATION OF MYC’S OFFERING OR PRESENTING THE ACTIVITY AND AS CONSIDERATION FOR MY CHILD’S PARTICIPATION IN THE ACTIVITY, I HEREBY, (i) ON BEHALF OF MY CHILD AND HIS/HER HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, OR PERSONAL REPRESENTATIVES, AND (ii) FOR MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS OR PERSONAL REPRESENTATIVES, KNOWINGLY AND VOLUNTARILY, FULLY AND FINALLY, WAIVE AND RELEASE MYC AND ITS EMPLOYEES, VOLUNTEERS, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES (EACH A ‘‘RELEASEE,’‘ COLLECTIVELY, THE ‘‘RELEASEES’‘) OF AND FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, JUDGMENTS, FINES, EXPENSES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO MY CHILD’S PARTICIPATION IN THE ACTIVITY, INCLUDING WITHOUT LIMITATION, ANY INJURY INCURRED BY MY CHILD IN CONNECTION WITH THE ACTIVITY. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT RELEASES FOR NEGLIGENCE, THIS RELEASE EXPRESSLY INCLUDES A RELEASE AND WAIVER OF ANY NEGLIGENCE ON THE PART OF MYC AND THE OTHER RELEASEES. INDEMNITY OBLIGATION. I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS MYC AND ITS EMPLOYEES, VOLUNTEERS, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES (EACH AN ‘‘INDEMNITEE,’‘ COLLECTIVELY, THE ‘‘INDEMNITEES’‘) AGAINST AND FROM ANY AND ALL CLAIMS, DEMANDS, JUDGMENTS, LIABILITIES, DAMAGES, EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) WITH RESPECT TO ANY CLAIM OR DEMAND MADE, BROUGHT OR FILED BY (I) ME OR MY SPOUSE, OR ANY OF OUR RESPECTIVE, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, OR PERSONAL REPRESENTATIVES, OR (II) ANY THIRD PARTY, AGAINST ANY OF THE INDEMNITEES ARISING OUT OF OR RELATED TO ANY ACT OR OMISSION OF ME, MY SPOUSE OR MY CHILD. ANY INSURANCE COVERAGE OR PROCEEDS THAT MAY BE AVAILABLE TO ME TO ASSIST IN SATISFYING MY DEFENSE AND INDEMNITY OBLIGATIONS HEREUNDER SHALL BE PRIMARY TO ANY INSURANCE COVERAGE OR PROCEEDS THAT MAY BE AVAILABLE TO MYC OR ANY INDEMNITEE (COLLECTIVELY, ‘‘MYC INSURANCE’‘) AND ANY MYC INSURANCE SHALL BE SECONDARY AND NON-CONTRIBUTORY TO ANY INSURANCE COVERAGE OR PROCEEDS AVAILABLE TO ME. NO MEDICAL CARE. I acknowledge that MYC and the Releasees are not responsible for any diagnosis, assessment, treatment, or addressing of any injury or illness that occurs before, during or after any Activity or Activity session. In the event that my Child should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance covering my Child.