EV EXPERIENCE

OCTOBER 1, 2022

RELEASE, WAIVER OF LIABILITY OF THE COLLEGE, AND HOLD HARMLESS AGREEMENT
A.
As a condition of a participant’s participation, the participant agrees to exercise reasonable care at all times with respect to the safety of participant’s own person and their personal property. Participant understands, however, that there are certain dangers, hazards, and risks inherent in any event or activity. Participant’s participation may involve risk of damage to property, bodily injury, and, in some cases, death. The College cannot and does not assume any responsibility for such personal injuries or property damage to the participant.
B.
Accordingly, participant, for any and all of their heirs, assigns, related individuals, and related entities(collectively, the “Releasing Parties”), does hereby waive, release, absolve, discharge, and agree to hold harmless the College and any and all of its officers, directors, employees, agents, coaches, administrators, attorneys, insurers, related individuals, and related entities (collectively, the “Released Parties”) from and against any and all rights, claims, demands, causes of action, obligations, suits, liens, damages, or liabilities of any kind and character whatsoever, whether sounding in contract, negligence, strict liability, or otherwise, and whether known or unknown, suspected or claimed, which the releasing parties shall or may have in the future against the releasing parties arising out of, based on, related to, or connected with the participant’s participation.
C.
Releasing parties also agree to indemnify and hold harmless the released parties from the payment of any and all judgments, settlements, costs, disbursements, and attorney fees that are associated with the released parties having to defend or investigate any claim, action, or proceeding of any type whatsoever arising out of the participant’s participation, including, but not limited to, claims sounding in contract, negligence, strict liability, or otherwise.
D.
This indemnification obligation and this Release, Waiver of Liability, and Hold Harmless Agreement does not, however, absolve the released parties from any liability, damages, costs, disbursements, and attorney fees incurred due to their intentional, reckless, or grossly negligent conduct.
E.
Participant understands that if any fact with respect to which this Release, Waiver of Liability and Hold Harmless Agreement is executed is found hereafter to be other than or different from the fact in that connection now believed by participant to be true, participant expressly accepts and assumes the risk of such possible difference in fact and agrees that this Release, Waiver of Liability and Hold Harmless Agreement shall be and remain effective notwithstanding such difference in facts.
F.
Nothing herein shall constitute a waiver by the District of sovereign immunity or constitute a consent to be sued by any third party in a tort action.