Event Waiver, Release of Liability and Indemnity Agreement

PLEASE READ THIS ENTIRE FORM CAREFULLY BEFORE SIGNING. THIS FORM INCLUDES AN ASSUMPTION OF RISK AND RELEASE OF THE ABILITY EXPERIENCE’S LIABILITY.

In consideration of being allowed to participate in any way in The Ability Experience programs, related events and activities, I, being at least 18 years of age, for myself, my heirs, assigns and legal representatives, or if applicable, for my minor child or ward, his or her heirs, assigns and legal representatives, agree to the following:

Assumption of Risk: I understand and acknowledge that I, or my minor child or ward, by participating in The Ability Experience’s programs and related events, may be engaging in hazardous activities. I acknowledge that these activities are a test of a person’s physical and mental limits, are strenuous and dangerous and require a certain degree of physical condition, ability, maturity, and skill and involve risk of serious injury, including permanent disability or death, social and economic losses, and property damage. I understand that these injuries might result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the terrain, natural and manmade hazards and obstacles, facilities, equipment or vehicles. I choose to voluntarily participate (or allow my child to participate) despite all risks. I assume all inherent and other risks and accept responsibility for any property damage and loss, and for any personal injury, illness, disability, emotional distress, and death that I (or my child) may suffer whether described in this document or not.

I have been given the opportunity to ask questions of appropriate Ability Experience personnel concerning such risks and hazards, and acknowledge that any questions have been satisfactorily answered. I have received sufficient information and time to make an informed decision about my (or my minor child’s or ward’s) participation in the activities. I acknowledge that I am solely responsible for determining my (or my child’s) suitability to participate.

I certify that I am physically fit, have sufficiently trained for participation in the event and have not been advised otherwise by a qualified medical person. I do have (or my child has) the requisite skills, qualifications, physical and mental ability, and training necessary to properly and safely participate.

Waiver and Release: I, (and on behalf of my minor child or ward) agree to forever release and discharge The Ability Experience and Pi Kappa Phi Fraternity and agree not to sue The Ability Experience and Pi Kappa Phi Fraternity for any and all liability or claims I, or my minor child or ward, might have against The Ability Experience, Pi Kappa Phi Fraternity and its board members, employees, agents and volunteers (including, but not limited to, Ability Camp partner camps,  A Concord Carpenter LLC, Tool Box Buzz, Concord Lumber Corp, Milwaukee Electric Tool Corp, Front Steps Media LLC, DAPGEAR, QuadZilla Coaching and Kyle Pease Foundation and its coaches, assistant coaches, or representatives) as a result of injury, permanent disability, death, social and economic losses, and property damage incurred related to my (or my minor child or ward) participation in the activities or use of any equipment or facilities. This waiver and release is for any type of claim, including breach of contract, fraud, or any other type of suit and includes personal injury and property losses alleged to be caused by the negligence of The Ability Experience and Pi Kappa Phi Fraternity to the fullest extent permitted by law. This waiver and the release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under law.

Indemnity: I agree to defend, indemnify (meaning to pay or reimburse any amount required to be paid, including attorney’s fees) and hold The Ability Experience, Pi Kappa Phi Fraternity and its board members, employees, agents and volunteers (including, but not limited to, A Concord Carpenter LLC, Tool Box Buzz, Concord Lumber Corp, Milwaukee Electric Tool Corp, Front Steps Media LLC, DAPGEAR, QuadZilla Coaching and Kyle Pease Foundation and its coaches, assistant coaches, or representatives) harmless from all liability from all claims, causes of action, injury, death, loss (including attorneys’ fees and costs) or damage to person or property, including rental or loaned equipment, personal injury, disability, death or other loss brought by or on behalf of me (or my minor child or ward), a family member, my estate, another participant or spectator, orany other person arising from or relating to my (or my minor child or ward) participating in the activities of The Ability Experience, including claims that The Ability Experience or Pi Kappa Phi Fraternity was negligent.

Additional Provisions: I acknowledge that the entry fee paid is non-refundable. I acknowledge that any funds raised in conjunction with the event are tax-deductible, non-refundable, and non-transferable. I acknowledge and agree that The Ability Experience, in its sole discretion, may delay or cancel the event if it believes the conditions are unsafe. In the event the event is delayed or canceled for any reason, including but not limited to fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, acts of the elements, or any other cause beyond the control of The Ability Experience there shall be no refund of the entry fee or any other costs to participant in connection with the event.

I further consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during the event. It is my intent to bind myself, my heirs, executor, administrators, legal representatives and assigns (or my minor child or ward and their heirs, executor, administrators, legal representatives and assigns). I agree that the substantive laws of North Carolina (but not any law that would apply the laws of another state) govern this Agreement and any dispute I (or my child has) with The Ability Experience or Pi Kappa Phi Fraternity and consent to jurisdiction in Mecklenburg County, North Carolina. Any mediation, suit or proceeding will be entered into only in Mecklenburg County, North Carolina. Any portion of this Agreement deemed unlawful or unenforceable is severable and shall be stricken without effect on the enforceability of the remaining provisions.

I have read this Agreement, I understand its contents and I sign it voluntarily. I intend by this Agreement to assume all hazards and risks, waive all rights to sue and release all liabilities and claims, and indemnify The Ability Experience and Pi Kappa Phi Fraternity for any claims arising from my (or my minor child or ward’s) participation in the activities. I understand that this Agreement has no expiration date and remains in effect at all times that I am (or my minor child or ward is) observing or participating in the activities and will be binding on me, my family members, heirs, assigns, executors, representatives, and estate.

Media Release: I hereby authorize and give my full consent to The Ability Experience to copyright and/or publish any and all photographs, digital recordings, written quotes, videotapes and/or film that I take or in which I appear to be used for public view. I further agree that The Ability Experience may transfer, use or cause to be used, these digital recordings, written quotes, photographs, videotapes, or films for any exhibitions, public displays, publications, commercials, art and advertising purposes, television programs, and internet without limitations or reservations.