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WAIVER & ACCEPTANCE OF LIABILITY

FOR ACTIVITIES/EVENTS AT 332 COUNTY ROUTE 28B, VALATIE, NY 12184

RECITALS

This Waiver and Acceptance of Liability (hereinafter “Waiver”) is by and between Thomas Driscoll, Stefanie Driscoll, and their heirs, successors, agents, employees, contractors, and assigns (hereinafter collectively “Driscoll”), and the undersigned Participant, or, if Participant is under age 18, Participant’s Parent or Legal Guardian (hereinafter “Participant”).
Participant agrees to the terms of the Waiver prior to Participant engaging in any activities and/or events (hereinafter “Activities”) occurring at 332 County Route 28B, Valatie, New York 12184 (hereinafter “Premises”).
Driscoll is providing space for the benefit of Participant and others who desire to engage in Activities at the Premises.
Driscoll will use their best efforts to provide a reasonably safe Activities environment. However, it is impossible to create an absolutely safe Activities environment. Through this Waiver, Participant acknowledges this fact and expressly assumes the risks associated with Activities, including serious injury and/or death.
Participant will use his/her best efforts to engage in all safety precautions and follow all safety instructions in the Activities environment.

TERMS AND ACCEPTANCE

Participant is over 18 years of age. Initial
Participant acknowledges that he/she has read the entire Waiver; has had an opportunity to ask questions about it; and is knowingly and voluntarily agreeing to its terms. Initial
Participant acknowledges that the Activities are not a necessity and that similar Activities are offered by other entities. Participant is under no compulsion from Driscoll to engage in these Activities or to sign this Waiver. Initial
Participant is free from any physical condition or disability that would prohibit his/her safe participation in the Activities. Initial
Participant will not use or consume alcohol or drugs, or bring alcohol or drugs onto the Premises. Initial
Participant will not be under the influence of alcohol or drugs while on the Premises.
Participant will follow the directions given by Driscoll, their agents and/or representatives (“Instructor”) for the duration of Activities. Participant acknowledges that such directions are vital for the safety of all participants. Failure to follow all directions may result in Participant’s ejection from the Activities without refund of any monies paid. Initial
Participant acknowledges that Activities can pose risks of injury and/or death, and that there is no possible way that Driscoll can provide a totally safe environment for Activities. Participant acknowledges that participating in Activities will enhance Participant’s exposure to risk of injury and/or death. Participant hereby assumes all such risks. Initial
Participant hereby absolves Driscoll of any and all damages Participant may experience as a result of participating in Activities. Initial
Participant agrees to hold Driscoll harmless from any damages incurred by Participant as a result of participating in Activities. Initial
Participant waives any and all rights, claims and/or causes of action Participant may have against Driscoll for compensation at law and/or in equity, including, but not limited to negligence, gross negligence, and/or breach of contract in connection with Participant’s participation in Activities, Participant’s presence on, or use of, the buildings, land, and equipment on the Premises. Initial
Participant agrees to hold Driscoll harmless and indemnifies Driscoll in the event that Participant is injured and/or dies. Initial
This waiver is binding on Participant and his/her heirs, executors, representatives, assigns, next of kin and administrators. Initial
This Waiver shall be interpreted under New York Law. Initial
If any part of this Waiver is deemed illegal, all other provisions shall remain in effect and be fully binding. Initial

COVID-19 ADDENDUM

This COVID – 19 Addendum to the Waiver and Acceptance of Liability (hereinafter “Waiver”) is by and between Thomas Driscoll, Stefanie Driscoll, and their heirs, successors, agents, employees, contractors, and assigns (hereinafter collectively “Driscoll”), and the undersigned Participant, or, if Participant is under age 18, Participant’s Parent or Legal Guardian (hereinafter “Participant”).
Participant acknowledges the existence and severity of the COVID-19 pandemic, and the contagious nature of the virus.
Driscoll is providing space for activities and events (hereinafter “Activities”) during the COVID -19 pandemic at 332 County Route 28B, Valatie, New York 12184 (hereinafter “Premises”).
Driscoll has taken all precautions recommended by the U.S. Center for Disease Control, New York State and local municipal entities with respect to providing safe and sanitary Premises.
Participant agrees to complete and abide by all COVID – 19 safety precautions and requirements required by Driscoll, including, but not limited to, temperature checks, completion of forms detailing Participant’s exposures, travel, and symptoms, the wearing of a mask covering both nose and mouth, the use of hand sanitizer and other cleaning agents when necessary.
Participant acknowledges that it is impossible to create an absolutely safe Premises in terms of containing the spread of the COVID -19 virus, should the virus become present at the Premises. Through this Addendum, Participant acknowledges this fact and expressly assumes the risks associated with Activities during the COVID – 19 pandemic, including contracting the virus and/or death.
Participant still desires to participate in Activities despite the risks outlined herein.

Dated: April 29, 2024

If Participant is under age 18

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