WAIVER AND RELEASE OF LIABILITY

Before you participate in the course you will be required to sign a waiver form as indicated below.  By registering for the course you confirm you have read, understood, accept and agree to provide a signed waiver form to Risk and Strategic Management, Corp (RSM) for the requested training.  

 

In consideration of the risk of injury while participating in the Risk and Strategic Management, Corp (RSM) training (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation  in the Activity,  and do hereby release and forever discharge Risk and Strategic Management, Corp, located at 9401 Centerville Rd, 3rd Floor, Manassas, Virginia 20110,  their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors  and  assigns,  for  any  physical  or  psychological  injury,  including  but  not  limited  to  illness, paralysis,  death,  damages,  economical  or  emotional  loss,  that  I  may  suffer  as  a  direct  result  of  my participation  in  the  aforementioned  Activity,  including  traveling  to  and  from  an  event  related  to  this Activity.

 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY,  WHICH  MAY INCLUDE,  BUT ARE  NOT  LIMITED  TO,  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 OWN OR OTHERS’ NEGLIGENCE,  CONDITIONS  RELATED  TO TRAVEL, OR THE  CONDITION  OF  THE  ACTIVITY  LOCATION(S).  NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

 

I agree to indemnify and hold harmless Risk and Strategic Management, Corp against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Risk and Strategic Management, Corp incurs any of these types of expenses, I agree to reimburse Risk and Strategic Management, Corp. I acknowledge that Risk and Strategic Management, Corp and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Risk and Strategic Management, Corp.

 

I  ACKNOWLEDGE  THAT  THIS  ACTIVITY  MAY  INVOLVE  A  TEST  OF  A  PERSON’S PHYSICAL AND  MENTAL  LIMITS  AND  MAY CARRY  WITH  IT  THE  POTENTIAL  FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS.  The risks may include, but are not limited to, those  caused  by  terrain,  facilities,  temperature,  weather,  lack  of  hydration,  condition  of  participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

 

I ACKNOWLEDGE  THAT  I  HAVE  CAREFULLY  READ  THIS  “WAIVER AND  RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO  RELEASE  AND  DISCHARGE  Risk  and  Strategic  Management,  Corp AND ALL OF ITS AFFILIATES,   MANAGERS,   MEMBERS,  AGENTS,  ATTORNEYS,   STAFF,  VOLUNTEERS, HEIRS,  REPRESENTATIVES,  PREDECESSORS,  SUCCESSORS AND ASSIGNS,  FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Risk and Strategic Management, Corp FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Risk and Strategic Management, Corp, its agents, and employees.

 

In the event that I 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.

 

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

 

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength.  Both the Participantand Risk and Strategic Management, Corp agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.