In consideration of the services of the North Net Fire Training Authority, a joint powers authority (“North Net”) and being able to participate in the above activity/class, I hereby acknowledge, agree, promise and covenant on behalf of myself, my children, my heirs, my parents, assigns, next of kin, personal representative and estate as follows:
I understand that the activity bears certain known and unknown risks which could result in physical or emotional injury, paralysis, death, illness or disease, or damage to myself, property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential purposes of the activity. I am physically fit to participate in the activity, have not been diagnosed with any medical condition that would impair my ability to participate in the activity, and no physician has recommended against my participation. I recognize that the nature of the activity itself involves inherent risks of injury or even death which include, but are not limited to: (a) the acts, omission or negligence of North Net, its agents, instructors or employees, and other third parties; (b) latent or apparent defects or conditions in equipment or real property supplied by North Net for the activity, or by other persons or entities; (c) use or operation, by myself or others, of equipment supplied by North Net, or other persons or entities; (e) weather conditions; and (f) first-aid, emergency treatment or other services rendered. I expressly accept those risks not specifically listed above as well.
I expressly agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, spectators or other third parties and their property arising from my participation in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks. I am voluntarily participating in the activity and fully understand that I may elect to not participate in the activity at any time during the course of the training.
I voluntarily release, forever discharge and agree to fully indemnify and hold harmless North Net, Big Brothers Big Sisters of Orange County, the cities of Anaheim, Garden Grove and Orange and their officers, agents or employees (collectively, the “Indemnitees”), and all other persons or entities from any and all liability, claims, demands, or causes of action (collectively, “Claims”) and costs, including attorneys’ fees, which are in any way connected with or arise out of my participation in this activity. The Indemnitees are intended third party beneficiaries of this agreement.
I HAVE READ THIS RELEASE CAREFULLY AND FULLY UNDERSTAND IT AND THE LEGAL CONSEQUENCES AND HAVE THE ABILITY TO HAVE IT REVIEWED BY AN ATTORNEY. I UNDERSTAND THAT BY SIGNING THIS RELEASE, I GIVE UP RIGHTS TO SUE THE INDEMNITEES. I SIGN THIS RELEASE FREELY AND WITHOUT INDUCEMENT. I AGREE THAT THE FOREGOING WAIVER AND INDEMNITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY CALIFORNIA LAW.