Waiver Of Liability and Hold Harmless Agreement
1. In consideration for receiving permission to participate in HealthCore Clinic’s Transportation Service, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE HealthCore Clinic, Inc., their officers, agents, servants, or employees (hereinafter referred to as PARTY) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me and/or other family members who are utilizing the transportation service, or any of the property belonging to me and/or other family members who are utilizing the transportation service WHETHER CAUSED BY THE NEGLIGENCE OF THE PARTY or otherwise, while participating in such activity, or while in, on, or upon the premises where the activity is being conducted.
2. I am fully aware of the unusual risks involved and hazards connected with this activity, including but not limited to: travel risks and/or road hazards. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF PARTY OR OTHERWISE.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the PARTY from any loss, liability, damage or costs, including court costs and attorney fees that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF PARTY or otherwise.
4. I understand that HealthCore Clinic, Inc., does maintain a transportation insurance policy, but I am aware that I should review my personal insurance portfolio as well.
5. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns a personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named PARTY. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Kansas.
6. I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it, and agree to it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. If Participant is under the age of 18, Parent/Guardian consents to the minor’s participation in the service.
I do hereby give my permission for as long as I utilize HealthCore Clinic Transportation Services, to be photographed or videotaped while receiving HealthCore Clinic, Inc. transportation services for the sole purpose of my safety and the safety of HealthCore Clinic, Inc. staff. I understand that the photos and/or films obtained during my transport may not be released or used for any other purpose than monitoring safety.