by and among the Friendship Circle of New Jersey, Inc., LifeTown, Inc. and Chabad of Livingston, Inc., and affiliates, subsidiaries, officers, directors, employees, agents, contractors, and volunteers of each (collectively, “Friendship Circle”), and the school.
WITNESSETH: WHEREAS, Friendship Circle is the owner of LifeTown located 10 Microlab Road Livingston, NJ; and WHEREAS, Friendship Circle has agreed to allow School to visit LifeTown, but requested, as a condition to allowing that use, that School indemnify and hold harmless Friendship Circle, its affiliates, subsidiaries, successors, assigns, officers, directors, employees, contractors, agents, and volunteers (hereinafter “Friendship Circle”) as set forth below. NOW, THEREFORE, in return for good and valid consideration, receipt of which by the parties is hereby acknowledged, School agrees as follows.
1. School agrees to indemnify, defend and hold harmless Friendship Circle against any and all loss, damage, costs fees (including attorney’s fees), and expenses which School, its employees, students, agents, volunteers, and family members of any of the preceding (“hereinafter Participants”) and Friendship Circle may suffer, incur, be put to, pay or expend because of, or arising out of or as a result of the use of the LifeTown by the Participants. This indemnification shall extend to any and all claims, suits, causes of action, judgments, or damages, including all attorneys’ fees sustained by Friendship Circle or any other person or persons for any injury, or for injury to or loss of property.
2. Assumption of Risks. “Activities” means each and every activity arising from or related to the Participants visiting LifeTown. School fully acknowledges that the Activities may pose some risk and, fully realizing the risks of participating in the Activities, FULLY ASSUMES THE RISKS ASSOCIATED WITH SUCH PARTICIPATION including, but not limited danger of medical emergencies such as heart attack, stroke or heat stroke; and the possibility of serious physical and/or mental trauma, injury or death associated with the Activities. Further, School acknowledges that such inherent risks from participation cannot be eliminated regardless of the care taken to mitigate such risk.
3. The specific risks vary from one activity to another, but the risks include but are not limited to, the following:
a. Minor injuries such as scratches, bruises, contusions,
and sprains;
b. Major injuries such as eye injury or loss of sight, bone, joint or spinal cord injuries, strokes, heart attacks, and concussions; and
c. Catastrophic injuries such as paralysis or death.
4. School acknowledges, understands, agrees, and appreciates these and other risks that are inherent in the Activities. School hereby asserts that Participant’s participation is voluntary and that School knowingly assumes all such risks.
5. Waiver. In consideration of being permitted to participate in the Activities, School and its successors, assigns, heirs, executors, administrators, and personal representatives, does hereby release, waive, discharge, and covenant not to sue Friendship Circle from liability from any and all claims including, but not limited to, the negligence of Friendship Circle resulting in personal injury, accidents, or illnesses (including death) and property loss arising from, but not limited to Activities.
6. Scope of Release. School HAS CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS CONTENTS. School IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND IS EXPRESSLY INTENDED TO COVER AND INCLUDE ALL CLAIMS, PAST, PRESENT OR FUTURE, KNOWN OR UNKNOWN, WHICH CAN OR MAY EVER BE ASSERTED BY School OR ITS SUCCESSORS OR ASSIGNS AS THE RESULT OF PARTICIPANTS USE OF THE PROPERTY, OR THE EFFECTS OR CONSEQUENCES THEREOF. SCHOOL UNDERSTANDS AND AGREES THAT THIS AGREEMENT COVERS AND INCLUDES ALL CLAIMS OF EVERY KIND OR NATURE, PAST, PRESENT OR FUTURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED.
7. Photo/Media Release: If School does not wish to have their participants photographed, School must notify Friendship Circle in writing in advance of their visit. If no such notification is received, School hereby freely and irrevocably grants to Friendship Circle and its authorized agents, the absolute right and permission to copy, exhibit, copyright, use, take, distribute, and/or publish photographic likeness, name, voice, and/or image made in relation to the Activity in photographs, video and in any and all other media, in which School and its Participants may be included in whole or in part, or in composite form in conjunction with my name and other identifying information, or reproductions thereof in color or otherwise, made through any media for art, print, web, social media, advertising, film, telecast or any other lawful purpose whatsoever.
8. Modification: Waiver. No change or modification of this Agreement shall be valid unless such change or modification is in writing and signed by each of the parties hereto. No waiver of any provision of this Agreement shall be valid unless such waiver is in writing and signed by each of the parties hereto.
9. Severability: If any provision of this Agreement is held invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.
10. This Agreement shall be construed and enforced in accordance with the laws of the State of New Jersey.
IN WITNESS WHEREOF, the undersigned have set their hands and seals as of the date first above written.
