LIABILITY WAIVER/ ASSUMPTION OF THE RISK/ INDEMITY CLAUSE
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2. Participation Requirements: I understand that my attendance at this rental is voluntary and for my personal enjoyment only. Attending does not require me to interact with any persons without my explicit consent.
6. In consideration of the risk of injury while participating in any activities on the property, and as for consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into their waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Owner, located at 607 Greentree Road, Sewell New Jersey 08080, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury,
7. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELEY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BIT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGURMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S).
8. Arbitration: 1) Any dispute, controversy, or claim arising out of or relating to this Contract will be settled by arbitration in accordance with the then effective arbitration, whichever organization is selected by the party who first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected, and judgment upon the award rendered by the arbitrator may be entered in the State of New York, County of Kings, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. The location for any arbitration will be held in the state of New York, County of Kings. a) The arbitration award must be in writing, must be signed by the arbitrator, and must include a statement regarding the disposition of any claim. The award must be kept confidential to the fullest extent permitted by law. b) The arbitrator will have the authority to award any remedy or relief that a New York State court could order or grant, including specific performance of any obligation created under this Contract, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process,
10. Class Action Waiver: The parties agree that any claims will be adjudicated on an individual basis, and each waive the right to participate in a class, collective, or other joint action with respect to the claims. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings. The parties agree that a party my bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney action against the other.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS CONTRACT WHICH INCLUDEDS A WAIVER AND RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE OWNER AND ALL OF ITS AFFLIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS,
In witness of their understanding of this contract to the terms and conditions herein contained, the parties affix their signatures below.