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Member hereby releases, waives, discharges, covenants not to sue and holds harmless the Organization, its Commission, and any partner, employee, servant, representative, associate, officer, agent, volunteer, successor and assigns of the Organization from any and all liability, claims, demands, action, judgments, costs, expenses, court costs, attorney fees and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Member, or to any property belonging to the Member, whether caused by the, including but not limited to, sole, contributory or gross negligence of the Organization, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
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Member hereby elects to voluntarily participate in said activity, and to enter the above-named premises and engage in such activity knowing that certain risk of harm are or may be inherent in the various activities contemplated herein and that the activity may be hazardous to Member and Member’s property. Member voluntarily assumes full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by Member, or any loss or damage to property owned by Member, as a result of being engaged in such an activity, whether caused by the, including but not limited to, sole, contributory or gross negligence of Organization or otherwise.
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Member further hereby agrees to indemnify and hold harmless the Organization from any loss, liability, damage, demands, liens, liabilities, judgments or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, whether caused by or contributed to in whole or part by any action or failure to act, negligence, breach of contract, or other misconduct on the part of Organization or otherwise.
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It is Member’s express intent that this Agreement shall bind the members of Member’s family and spouse, if Member is alive, and Member’s heirs, personal representatives, executors and assigns, if Member is deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the above named Organization. Member hereby further agrees that this Agreement shall be construed in accordance with the laws of the State of Ohio.
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Member expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Ohio, and if any portion of this Agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.