We like to plan activities for you. And we try to be careful. But no-one is infallible and things can go wrong. If they do, we don’t want you to sue us and to make the Kiwi Club extinct.
Please direct any questions to the Kiwi Club president.
Waiver and Release
This Waiver and Release is entered into on behalf of me, other persons I sign up or who otherwise attend the activity in connection with me, and our respective family members, heirs, personal representatives, estates and assigns (“Covered Persons”). I have authority to bind the Covered Persons.
The Covered Persons understand that activities organized or promoted by the Kiwi Club of New York Inc. (“Kiwi Club”) involve known and unknown risks which could result in physical or other injury, illness, death, damage to or loss of property, or economic or other loss to Covered Persons. These risks can arise from natural causes, faulty equipment, people’s acts or omissions, and in other ways. The Covered Persons accept the risks involved in the activity.
In return for the Kiwi Club accepting my application for the activity, the Covered Persons release and discharge, grant a waiver, and agree to indemnify and hold harmless the Kiwi Club, its directors, officers, agents, sponsors, volunteers, members and participants, and their respective heirs, personal representatives, estates and assigns (the Kiwi Club and these other persons being the “Released Persons”), with respect to any claims, demands, causes of action, losses and liabilities relating to the Covered Persons’ participation in this activity (including any first aid, treatment or service received), even if resulting from a Released Person’s negligent act or omission or other fault. If a Released Person incurs legal fees and costs to enforce this Waiver and Release, the Covered Persons will reimburse them for these fees and costs. The Covered Persons understand that this Waiver and Release may prevent them maintaining a lawsuit against the Released Persons.
The Covered Persons will file any lawsuits relating to the activity only in a court in New York City. The laws of New York (not including its conflict of laws rules) govern this Waiver and Release. If any part of this Waiver and Release is void or unenforceable, that part will be enforced to the maximum extent permitted under law and the rest of this Waiver and Release will remain in effect. This Waiver and Release contains the parties’ entire agreement on its subject matter and cannot be amended or terminated except in writing signed by me and the Kiwi Club’s president.
The Covered Persons give the Kiwi Club, and persons acting on the Kiwi Club’s behalf, permission to use and publish, with no payment, photos, videos or other records of the activity that include Covered Persons’ name, likeness and voice.