AIM MultiSport, Inc.


TEAM AIM  


RELEASE OF LIABILITY

– READ BEFORE SIGNING-

Please read any waiver carefully. It includes a release of liability and waiver of legal rights and deprives you of the ability to sue certain parties. Do not agree to this document unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge that you have both read and understood the text presented to you as part of the registration process. You also understand and agree that events carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death. Your ability to participate in Team AIM activities is subject to your agreement to the waiver and by agreeing herein, you accept and agree to the terms of the waiver and release agreement.

By indicating your acceptance, you understand, agree, warrant and covenant as follows:

I RELEASE and discharge AIM MultiSport, Inc., its officers, agents, employees and volunteers (hereinafter collectively referred to as "Team AIM") from any and all claims, damages, losses or expenses of whatever kind or nature which I may have or acquire arising out of or resulting, directly or indirectly, from my participation in Team AIM activities.  I further agree to defend and INDEMNIFY AIM MultiSport, Inc. against any claim, damage, loss or expense of whatever kind or nature that AIM MultiSport, Inc. may have to pay that arises from my participation in Team AIM activities. 

 

AIM MultiSport, Inc.

REGISTRATION AGREEMENT AND LIABILITY WAIVER

(the "Agreement and Waiver")

 

1.    Authority to Register and/or to Act as Agent.

You represent and warrant to AIM MultiSport, Inc. that you have full legal authority to complete this member registration on behalf of yourself and/or any party you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged.  As used in this Agreement and Waiver, Team AIM refers to AIM MultiSport, Inc. and any and all subsidiaries, affiliated entities, or entities that control or are controlled by AIM MultiSport, Inc. singly or together and its officers, employees, contractors, subcontractors and agents, including volunteers who are not financially compensated by AIM MultiSport, Inc.

 

2.  Waiver.

YOU UNDERSTAND THAT PARTICIPATION IN TEAM AIM EVENTS IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED.  YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED.  PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH.   YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, AND DISCHARGE AIM FROM ANY AND ALL LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.  YOU FURTHER AGREE AND COVENANT THAT YOU WILL NOT INSTITUTE LEGAL PROCEEDINGS AGAINST AIM FOR ANY INJURIES, WHETHER PERSONAL OR FINANCIAL, THAT YOU MAY SUSTAIN AS A RESULT OF PARTICIPATING IN AIM EVENTS.

 

3. Limitation of Liability; Disclaimer of Warranties.

AIM MultiSport, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) PARTICIPATION OR THE INABILITY TO PARTICIPATE IN Team AIM OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH Team AIM OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF, DATA OR OTHER INTANGIBLE, EVEN IF AIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT PARTICIPATION IN Team AIM IS AT YOUR SOLE RISK. Team AIM ACTIVITIES AND MERCHANDISE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Team AIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

Team AIM makes no warranty that the Team AIM web site will be uninterrupted, secure or error free. Team AIM does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Team AIM website. Team AIM is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Team AIM website is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

 

4. Indemnification. You agree to indemnify and hold AIM MultiSport, Inc. harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your participation in Team AIM or the violation of any term of this Agreement and Waiver.  

 

5. Applicable Law; Consent to Jurisdiction. The corporate offices of AIM MultiSport, Inc. are located within the Commonwealth of Massachusetts, United States of America and the Team AIM website (excluding linked sites) is controlled by AIM  MultiSport, Inc. from said offices. By completing this member registration, both you and AIM MultiSport, Inc. agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to the conflict of laws principles thereof, will apply to all matters relating to this member registration, this Agreement and Waiver, the Terms of Use or other use of the Team AIM website. You agree that exclusive jurisdiction for any dispute with AIM MultiSport, Inc. resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any dispute including any claim involving AIM MultiSport, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

 

6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Massachusetts and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.

 

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS.  YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE.  YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND ACCEPTANCE OF THE TERMS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

 

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