by Jason Klein » Wed Dec 31, 2008 1:19 pm
The following release was posted by someone on kiteforum. They use it when they ask permission to kite on a farmer's property. Could be a starting point for a waiver that would work for us. Word doc attatched, but here's the text:
RELEASE OF ALL LIABILITY INCLUDING PERSONAL INJURY
I,________________ , in consideration of the right to participate in outdoor activities on the property of __________________, In _______________,(town)______________(State), do hereby release, acquit, and forever discharge ____________________Hereinafter “Land Ownerâ€ÂÂ., his agents and servants, successors and assigns, heirs, executors, administrators, personal representatives, and all other persons, firms and corporations, of and from any and all actions, causes of action, claims, demands, damages, costs, loss of service, expenses and compensation, which I now have, or may hereafter have, on account of, or arising out of my participation in outdoor recreational activities on the property of Land Owner.
I hereby declare and represent that any injuries sustained by me on the property of Land Owner shall be the responsibility of myself and further declare that I understand that certain outdoor activities may result in serious injury or death. I also release Land Owner from any duty of care to make the property of Land Owner safe and specifically agree that I am assuming all risks of injury or death while on the property of Land Owner. Land Owner shall have no duty to make safe, warn or protect me from dangers known or unknown, seen or unseen on the property of Land Owner. Land Owner shall have no duty to warn or protect me from any animals that may be on the property.
I understand that I am considered a guest on the property of Land Owner and shall take the upmost care to keep the property in the same condition that I find it. All of my actions on the property are taken at my sole risk and expense. I further agree to defend and indemnify Land Owner harmless from any liability resulting from my use of the property of Land Owner.
This release shall extend to any of my heirs, assigns, family or agents all of whom are expressly forbidden from filing any action against Land Owner for any action of Negligence on the part of the Land Owner. This release does not extend to any intentional tort committed against myself while on the property of Land Owner.
I further declare and represent that no promise or agreement not herein expressed has been made to me, and that this release contains the entire agreement between the parties hereto, and that the terms of this release are contractual, and not a mere recital.
I further state that I am over twenty-one years of age; that I have carefully read the foregoing release, and know the contents thereof, and that I sign it as my own free act.
In Witness Whereof, I have hereunto set my hand and seal on _______________.
______________________
- Attachments
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Release of All Liability.doc
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