CREWE OF BOBBIE C. DAVIS, INC.

MINOR

INDEMNITY AND RELEASE AND WAIVER AGREEMENT

 

The undersigned is a member, guest or invitee, of the Crewe of Bobbie C. Davis, Inc. (the “Crewe”), and desires to participate with the Crewe in the _____________________________________ (the “Event”). The undersigned further has requested that the Crewe allow one or more of the undersigned’s minor children to participate with the Crewe in the Event.  Such participation by the undersigned and/or the undersigned’s minor child or children will include, without limitation, access to the Crewe’s float both before during and after the Event. The Crewe is willing to grant permission to the undersigned and the undersigned’s minor child or children to participate with the Crewe in the Event in the manner described herein, conditioned upon and in consideration of the undersigned’s execution of this release for him or herself and for and on behalf of the undersigned’s minor child and/or children, listed below.

The minor child or children of the undersigned who are the subject of this release are as follows:

___________________________________________            __________________________________________

____________________________________            ___________________________________

The above listed child or children is (are) hereafter referred to as “Children” or the “undersigned’s Children”.

Now Therefore, the undersigned, for valuable consideration, as set forth and defined above, the receipt and sufficiency of which is acknowledged, for the undersigned and for and on behalf of the Children, hereby waives, releases and forever discharges the Crewe and all Sponsors participating in the Event, their subsidiaries, affiliates, and all of the aforesaid’s respective members, officers, directors, agents and employees (collectively, the “Released Parties”), from any and all liability, claims, demands, obligations, expenses, actions and causes of action whatsoever against the Released Parties arising out of or related in any way to the Event, including, without limitation, any property damage, personal injury, including death, or any other loss, damage or injury sustained by the undersigned and/or the Children as a result of participation by the undersigned and/or the Children in the Event.

The undersigned represents and warrants to all of the Released Parties that he or she is fully aware of the risks and hazards inherent in participating in the Event, and hereby elects voluntarily to engage in such activity and to allow his or her Children to participate in the Event.  The undersigned hereby voluntarily assumes all risk of loss, damage, or injury, including, without limitation, property damage, personal injury and death that may be sustained by the undersigned and/or the undersigned’s Children while participating in the Event.

The undersigned agrees and acknowledges that he or she will be solely responsible for the safety and supervision of the undersigned’s Children during the Event, and the Crewe and other Released Parties hereby expressly disclaim any duty or responsibility to supervise, watch and/or be responsible for the undersigned’s Children during the Event.

The undersigned further agrees not to institute, commence or maintain for the undersigned and/or the undersigned’s Children, against any one or more of the Released Parties, at any time, any action at law or in equity or any civil proceeding in any court of the United States or of any State, or otherwise, for any cause or damage whatsoever arising out of or in any way related to the participation by the undersigned and/or the undersigned’s Children in the Event.

The undersigned further agrees to defend, indemnify, and hold harmless (including attorneys’ fees) the Released Parties from and against any and all claims and/or liability in any way arising out of participation by the undersigned and/or the undersigned’s Children in the Event. The undersigned’s obligation set forth in this paragraph shall extend, without limitation, to claims which are based on the actual and/or alleged sole negligence of any of the Released Parties.

This release and indemnity agreement shall be binding upon the executors, heirs, next of kin, personal representatives, executors and administrators of the undersigned and the undersigned’s Children.

Page 2,

Release and Indemnity Agreement, Crewe of Bobbie C. Davis, Inc.

 

The undersigned hereby represents and warrants to the Released Parties that he or she is the parent and legal guardian of the Children listed in this Agreement, and that the undersigned has full legal authority to execute this Agreement for and on behalf of the Children.

This release and indemnity agreement shall extend to all claims, demands and causes of action whatsoever arising wholly or in part from any act or omission of the “Released Parties”, their officers, directors, agents and employees or any one or more of them.

The undersigned agrees to pay all costs and attorneys’ fees incurred by any party in enforcing this indemnity and release agreement.

In signing the foregoing agreement, the undersigned hereby acknowledges and represents that he/she is over 21 years of age and of sound mind.

In witness whereof, the undersigned has duly executed this agreement this ___day of ____________, 20__.

 

                                                                                                                                ____________________________________

                                                                                                                                Printed name: ________________________

 

                                                                                                                                ____________________________________

                                                                                                                                Printed name: ________________________

 

Sponsoring Member: ____________________________________