Move United Waiver & Release of Liability Agreement
Move United, and its affiliated Chapters (“Released Parties”) are non-commercial, not for profit activity providers. The purpose of this
Move United Waiver & Release of Liability Agreement is to exempt, waive, and relieve Released Parties from any and all liability for
any harm, wrongful death, personal injury, property damage, claim or cause of action, including, but not limited to liability arising from
the negligence of Released Parties. “Released Parties” include Move United, Challenge Alaska, and their affiliates, successors,
predecessors, parents, subsidiaries, owners, representatives, administrators, directors, officers, agents, coaches, employees,
contractors, assigns, and volunteers; other participants, sponsoring agencies, sponsors, and advertisers; and, if applicable, the owners,
operators, and lessors of premises on which the activities or events take place.
In consideration of the undersigned Participant being allowed to participate in any way in Move United and/or Challenge Alaska
related events and activities, the Undersigned (“Undersigned” means the Participant or the Participant’s parent, legal guardian, or
legal representative when the Participant is under the age of 18 or legally incapacitated) agrees and acknowledges as follows:
1. Risks of Activity. Participant will be taking part in activities
that can be hazardous and involve the risk of physical injury
and/or death. The activities are inherently dangerous and
Undersigned fully realizes the dangers of participating in the
activities. The dangers and risks of the activities include, but are
not limited to the condition of the premises and equipment, and
the acts, omissions, representations, carelessness, and
negligence of the Released Parties. Recognizing the risks and
dangers, the Undersigned voluntarily chooses for Participant to
participate in the activities and expressly assumes all risks and
dangers of the participation in the activity, whether or not
described above, known or unknown, inherent, or otherwise.
2. Risks of Participation. The Undersigned recognizes and
understands that while Released Parties have undertaken
reasonable steps to lessen the risk of transmission of
communicable diseases, including but not limited to, COVID-19,
in connection with participation in the activities, the Released
Parties are not responsible in any manner for any risks related to
communicable diseases in connection with Participant’s
participation in the activities. Specifically, the Undersigned
understands that COVID-19 is a highly contagious and dangerous
disease, and that contact with the virus that causes COVID-19
may result in significant personal injury or death. The
Undersigned is fully aware that participation in the activities
carries with it certain inherent risks related to transmission of
communicable diseases (“Inherent Risks”) that cannot be
eliminated regardless of the care taken to avoid such risks.
Inherent Risks may include, but are not limited to, (1) the risk of
coming into close contact with individuals or objects that may be
carrying a communicable disease; (2) the risk of transmitting or
contracting a communicable disease, directly or indirectly, to or
from other individuals; and (3) injuries and complications
ranging in severity from minor to catastrophic, including death,
resulting directly or indirectly from communicable diseases or
the treatment thereof. Further, the Undersigned understands
that the risks of all communicable diseases are not fully
understood, and that contact with, or transmission of, a
communicable disease may result in risks to the Participant
including but not limited to loss, personal injury, sickness, death,
damage, and expense, the exact nature of which are not
currently ascertainable, and all of which are to be considered
Inherent Risks.
The Undersigned hereby voluntarily accepts and assumes all risk
of loss, personal injury, sickness, death, damage, and expense for
the Participant arising from such Inherent Risks. Furthermore,
the Undersigned represents and warrants that Participant does
not knowingly carry any communicable diseases that may be
transmitted during participation in the activities.
3. Release and Indemnification. Undersigned (a)
unconditionally releases, forever discharges, and agrees not to
sue the Released Parties for any claims or causes of action for
any liability or loss of any nature, including personal injury,
death, and property damage, arising out of or relating to
Participant’s participation in any Move United/Challenge Alaska
events or activities or the Participant’s presence on or travel to
the premises where such events or activities take place,
including, but not limited to claims of negligence, breach of
warranty, and/or breach of contract the Undersigned may or will
have against the Released Parties; and (b) agrees to indemnify,
defend, and hold harmless the Released Parties from and against
any liability or damage of any kind and from any suits, claims, or
demands, including legal fees and expenses whether or not in
litigation, arising out of, or related to, Participant’s participation
in such events or activities or the Participant’s presence on or
travel to the premises where such events or activities take place.
4. Helmet Use. Undersigned agrees that Participant shall use
a helmet when participating in the following activities: Alpine
skiing, cycling, equestrian, ice hockey, outdoor rock climbing,
snowboarding, white water kayaking, white water river rafting,
and any other activity when directed by Released
Parties. Undersigned understands that a helmet is in no way a
guarantee of safety and that no helmet can protect the wearer
against all foreseeable impacts to the head, and that the
activities can expose the Participant to forces that exceed the
limits of protection provided by a helmet. Undersigned agrees
to assume full responsibility for complying with this paragraph
and that Released Parties shall not be liable for any injury or
damages resulting from Participant’s failure to use a helmet.
5. Medical Treatment. Undersigned understands that the
Released Parties do not have medical personnel available at the
location of the activities. Undersigned hereby grants the
Released Parties permission to administer first aid or to
authorize emergency medical treatment, if necessary.
Undersigned understands and agrees that any such action by the
Released Parties shall be subject to the terms of this agreement
and release, including any liability arising from the negligence of
the Released Parties when administering first aid or authorizing
others to do so. Undersigned understands and agrees that the
Released Parties do not assume responsibility for any injury or
damage which might arise out of or in connection with such
authorized emergency medical treatment.
6. Miscellaneous. Undersigned agrees (a) Participant will not
engage in any activities prohibited by any applicable laws,
statutes, regulations, and ordinances; (b) this Agreement shall be
governed by the laws of the State of Alaska and the exclusive
jurisdiction and venue for any claim shall be located in the state
courts located in Anchorage County, AK; (c) this Agreement shall
be binding upon the subrogors, distributors, heirs, next of kin,
executors, and personal representatives of the Undersigned; (d)
this Agreement shall be construed as broadly as permitted by
applicable law; and (e) that in the event that any clause or
provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or
provision shall not otherwise affect the remaining provisions of
this Agreement
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS
THAT OTHERWISE MAY EXIST. BY SIGNING BELOW, I HEREBY REPRESENT THAT I AM AT LEAST 18 YEARS OF AGE AND FULLY
COMPETENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF.