Hold Harmless Agreement

Original Document
In consideration of the risk of injury while participating in Kyber Odyssey Saber Academy
(K.O.S.A. the “Activity”), and as consideration for the right to participate in the Activity, I hereby,
for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly
and voluntarily enter into this waiver and release of liability and hereby waive any and all rights,
claims or causes of action of any kind whatsoever arising out of my participation in the Activity,
and do hereby release and forever discharge K.O.S.A., their affiliates, managers, members,
agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns,
for any physical or psychological injury, including but not limited to illness, paralysis, death, damages,
economical or emotional loss, that I may suffer as a direct result of my participation in the
aforementioned Activity, including traveling to and from an event related to this Activity.


I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE
RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING
IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR
PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY
OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS,
AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM
MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE
CONDITION OF THE ACTIVITY LOCATION(S).


NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME,
OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING
THIS ACTIVITY.


I agree to indemnify and hold harmless K.O.S.A. against any and all claims, suits or actions of any
kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my
behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims
made by me or by anyone else acting on my behalf. If K.O.S.A.incurs any of these types of expenses,
I agree to reimburse K.O.S.A.. I acknowledge that K.O.S.A. and their directors, officers, volunteers,
representatives and agents are not responsible for errors, omissions, acts of K.O.S.A..

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL
AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS
INJURY, AND PROPERTY LOSS.


The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather,
lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including
but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors,
and/or producers of the event.


I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND
FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO
RELEASE AND DISCHARGE K.O.S.A. AND ALL OF THEIR AFFILIATES, MANAGERS,
MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES,
PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF
ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I
OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST K.O.S.A. FOR PERSONAL
INJURY OR PROPERTY DAMAGE.


To the extent that statute or case law does not prohibit releases for negligence, this release is also for
negligence on the part of K.O.S.A., its agents, and employees. In the event that I should
require medical care or treatment, I agree to be financially responsible for any costs incurred as a
result of such treatment. I am aware and understand that I should carry my own health insurance.


In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful
actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs
associated with any actions of neglect or recklessness.


This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted
as an agreement between two parties of equal bargaining strength. Both the
Participant,__________________________, and K.O.S.A. agree that this Agreement is clear and
unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the
terms of this Agreement, but that it will be interpreted based on the language in accordance with the
purposes for which it is entered into.


In the event that any provision contained within this Release of Liability shall be deemed to be
severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined
to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force
and effect, so long as the clause severed does not affect the intent of the parties. If a court should find
that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it
would become valid and enforceable, then said provision shall be deemed to be written, construed
and enforced as so limited.


I, the undersigned participant, affirm that I am the age of 18 years or older or have
parental/guardian consent as signed below, and that I am freely signing this agreement.
I certify that I have read this agreement, that I fully understand its content and that this release
cannot be modified orally. I am aware that this is a release of liability and a contract and that I
am signing it of my own free will.


Participant’s Name (Print): ________________________________________


Participant’s Signature: ________________________________________


Date: ______________________


Parent/Guardian Signature:___________________________________________
(If Participant under 18)