Waiver of Liability, Assumption of Risk & Indemnity Agreement
Waiver: In consideration of being permitted to participate in the Ice Bucket Challenge at Yonkers Raceway hereinafter called “The Activity”, I, on behalf of myself, my heirs, personal representatives and/or assigns, do hereby release, waive, discharge and covenant not to sue the City of Yonkers, Yonkers Racing Corporation, and their respective officers, employees, agents, elected officials and/or any affiliated entities (hereinafter referred to as the “Released Parties”) for any potential liability arising 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 but not limited to death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of the Released Parties, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
Assumption of Risks: I warrant that I am in good physical health and in proper condition to participate in The Activity. I also understand that participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Potential risks include, but are not limited to (i) minor injuries such as scratches, bruises, and sprains; (ii) major injuries such as eye injury or loss of sight, joint or back injuries, broken bones, heart attacks, and concussions; and/or (iii) catastrophic injuries including paralysis and death.
I have read the previous paragraphs and I know, understand and appreciate these and other risks that are inherent in The Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to indemnify and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in The Activity and to reimburse them for any such expenses occurred.
Severability: I also expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement and fully understand its terms. I acknowledge that I am signing this online agreement freely and voluntarily, and intend by my electronic signature to be a complete and unconditional release of all liability.