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 PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL, PHYSIOLOGICAL, 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, OR CONDITIONS RELATED TO THE USE OF THIS TECHNOLOGY (ACTIVITY). NOTWITHSTANDING THIS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees 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. I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on behalf of Releasees. I FURTHER 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. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the USE PROTOCOLS AND INSTRUCTIONS OUTLINED IN WRITING VIA RECEIVED DOCUMENTS, CREATION ENERGY TECHNOLOGIES, LLC WEBSITES, OR ELECTRONIC ACKNOWLEDGEMENTS BY CREATION ENERGY TECHNOLOGIES, LLC OFFICIALS OR AGENTS, REGARDING MY APPROVAL TO PARTICIPATE IN THE ACTIVITY.
I UNDERSTAND AND ACKNOWLEDGE THAT BY PARTICIPATING IN THE ACTIVITY, I ASSUME ALL RISKS, INCLUDING BUT NOT LIMITED TO PHYSICAL, PSYCHOLOGICAL, OR EMOTIONAL INJURY, AND AGREE TO RELEASE CREATION ENERGY TECHNOLOGIES, LLC AND ITS AFFILIATES FROM ANY LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS WAIVER IS INTENDED TO COMPLY WITH APPLICABLE IDAHO LAW AND DOES NOT WAIVE ANY RIGHTS OR CLAIMS THAT CANNOT BE LEGALLY WAIVED.
I FURTHER ACKNOWLEDGE THAT THIS RELEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF IDAHO. ANY DISPUTES ARISING FROM THIS RELEASE SHALL BE RESOLVED THROUGH MEDIATION, AND IF NECESSARY, THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE CREATION ENERGY TECHNOLOGIES, LLC AND ALL OF ITS 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 CREATION ENERGY TECHNOLOGIES, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Creation Energy Technologies, LLC, its agents, and employees.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.