READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration for being permitted to participate in the Portage Lakes Polar Bear Fundraiser (hereafter referred to as "the Event"), the undersigned agrees to the following waiver and release:
ASSUMPTION OF RISK, WAIVER AND RELEASE
Participating in the Event involves the risk of injury, paralysis and/or death. By signing this Agreement and participating in the Event, the undersigned agrees that he or she understands and voluntarily and knowingly accepts and assumes all such risks, both known and unknown, and agrees that neither the City of New Franklin, the Ohio Department of Natural Resources (ODNR) Division of State Parks, the Portage Lakes Polar Bear Club, the charitable beneficiaries of the Event, and/or any of their respective members, officers, agents, representatives, affiliates, employees, contractors, sponsors or volunteers (the Releasees) shall be liable for any injury, including, but not limited to, personal, bodily or mental injury, paralysis, death, economic loss or any damages to the undersigned resulting from participation in the Event and/or the negligence, whether passive or active, of the Releasees or anyone else participating in, attending, working or volunteering at the Event in any capacity whatsoever. The undersigned expressly acknowledges that jumping into frigid, icy water in close proximity to other participants, standing and walking upon ice and snow and across frozen docks, piers and shorelines, walking and lingering in the ice and snow in the vicinity of the Event, walking to and from the parking lot, entering, exiting, and lingering on park grounds, lingering near and among the crowd gathered for the Event, and traveling to and from the Event have inherent risks, hazards and dangers. The undersigned assumes all such risks associated with participation in the Event and understands that these risks, hazards and dangers also include without limitation:
1. Injuries and/or death arising from exposure to severe and sudden changes in environmental temperatures that can lead to loss of consciousness, hypothermia, heart attacks, and other life threatening and deadly conditions;
2. Injuries and/or death arising from standing and moving about on frozen lakes and reservoirs and on snowy, icy, or irregular terrain, including but not limited to piers, docks and shorelines;
3. Injuries and/or death arising from such other risks, hazards, and dangers that are inherent to the activity of cold plunging and being outdoors during winter, including but not limited to the potential for injurious physical contact with other participants as they jump into the water in close proximity to one another.
The undersigned further agrees to abide by all City of New Franklin and ODNR Division of State Parks rules, regulations, and guidelines.
Additionally, the undersigned, for himself or herself, and his or her personal representatives, agents, heirs, next of kin, successors, executors, and subrogors, hereby knowingly and intentionally RELEASES, WAIVES, DISCHARGES, COVENANTS NOT SUE, INDEMNIFIES AND HOLDS HARMLESS the City of New Franklin, the ODNR Division of State Parks, the Portage Lakes Polar Bear Club and the charitable beneficiaries of the Event and/or any of their respective members, officers, agents, representatives, affiliates, employees, contractors, sponsors or volunteers, from and against any and all claims, actions, causes of action, liabilities, suits, damages and/or expenses (including attorney's fees) resulting from the negligence, whether passive or active, of the Releasees or anyone else participating in, attending, working or volunteering at the Event in any capacity whatsoever. This releases includes any claim whatsoever on account of first aid, treatment or other service rendered during or as a result of participation in the Event.
The undersigned attests that he or she is of the age of 18 years or older and that he or she has carefully read, clearly understood, and voluntarily signed this waiver and release and fully understands that it is a waiver and release of liability and he or she is waiving rights that he or she may have to bring a legal action.
If under 18 years of age, parent or guardian must sign the following on the day of the Event in order for you to be eligible to Participate:
In consideration for the named minor being permitted to participate in the Event, The undersigned parent and/or guardian of the named minor, for himself/herself and on behalf of said minor and said minor’s personal representatives, heirs, next of kin, successors, executors, and subrogors hereby joins in, adopts and agrees to the foregoing waiver and release as if fully re-written herein and also stipulates and agrees to save and hold harmless, indemnify, and forever defend the Releasees from and against any and all claims, actions, demands, expenses, damages, liabilities (including attorney's fees) made or brought by said minor or by anyone on behalf of said minor, as a result of said minor's participation in the Event.
PHOTO RELEASE:
I hereby authorize the Portage Lakes Polar Bear Club, to publish photographs taken of me on the day of the jump (insert me, and my name and likeness, for use in the Polar Bear's print, online and video-based marketing materials, as well as other publications.
I hereby release and hold harmless the Portage Lakes Polar Bear Club from any reasonable expectation of privacy or confidentiality associated with the images specified above.
I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in Polar Bear marketing materials or other publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever.
I hereby release the Portage Lakes Polar Bear Club, its contractors, its volunteers, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.
I have carefully read, clearly understand, and voluntarily sign this waiver and release agreement.