WAIVER AND RELEASE FORM

RELEASE OF LIABILITY

In consideration for being allowed to participate in the Buhl Park Corporation and the City of Hermitage activities, including any activities incidental to such participation (“Participant Activities”), the undersigned Participant (or Parent/Legal Guardian of Participant if Participant is under age 18) (hereafter referred to using “I”, “me”, or “my”) releases and agrees not to sue the Buhl Park Corporation or the City of Hermitage or its officers, directors, employees, sub-contractors, sponsors, agents and affiliates from all present and future claims that may be made by me, my family, estate, heirs, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the Participant Activities wherever, whenever, or however the same may occur.

I understand and agree that the Buhl Park Corporation and/or the City of Hermitage is not responsible for any injury or property damage arising out of the Participant Activities, even if caused by their ordinary negligence otherwise.

I understand that participation in the Participant Activities involves certain risks, including, but not limited to, serious injury and death. I am voluntarily participating in the Participant Activities with knowledge of the danger involved and I agree to accept all risks of participation.

I also agree to indemnify and hold harmless the Buhl Park Corporation and/or the City of Hermitage for all claims arising out of my participation in the Participant Activities.

I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the Participant Activities take place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.

I also acknowledge that the Buhl Park Corporation and/or the City of Hermitage has not arranged and does not carry any insurance of any kind for my benefit or that of Participant (if Participant is under 18), my parents, guardians, trustees, heirs, executors, administrators, successors and assigns. I represent that, to my knowledge, I am in good health and suffer no physical impairment that would or should prevent my participation in Participant Activities. I also confirm that I have obtained adequate insurance that will cover any loss for property damage, personal injury, or death.

I also understand that this document is a contract that grants certain rights to and eliminates the liability of the Buhl Park Corporation and/or the City of Hermitage from any harm, including those acts or omissions for which the Buhl Park Corporation and/or the City of Hermitage, its officers, elected officials, or employees may be at fault.

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