This Indemnity Agreement (the “Agreement”) is made and effective December 4, 2023,
BETWEEN: ETS Consulting, Inc (the "Indemnitee"), a corporation organized and existing under the laws of the State of New York, with its head office located at:
PO Box 356
Chaumont, NY 13622
AND: __________________________ (the "Indemnitor"), an individual.
I understand that voluntary participation in one of Indemnitee's courses or programs (the "Activities") involves inherent risks and dangers, including hazards associated with training in an outdoor environment, including but not limited to heat, cold or altitude, or uneven terrain, and participating in training exercises in outdoor areas that are remote (although accessible) and, as in all outdoor activities, are inherently dangerous. I understand that such activities are often physically and emotionally demanding. I further understand that I will be participating in training scenarios with other students under circumstances where accidents, mistakes, or other circumstances of the parties involved may result in injury to me. In consideration for Indemnitee to allow me to take part in the Activities, I acknowledge and agree to the following:
I, for myself and my heirs, successors, assigns, and personal representatives, hereby absolve, release, remise, acquit, satisfy and forever discharge Indemnitee, their respective agents, employees, officers, directors, volunteers, assigns, and successors and (hereinafter referred to individually or collectively as "Releasees") of and from any and all, and all manner of action and actions, cause and causes of action, suits, debts, dues, agreements, promises, variances, damages judgments, executions, claims and demands whatsoever, in law or in equity, including without limitation any and all claims by the undersigned or any person for injury, death, or loss or damage to person or property, whether cause by negligence of others, which I, or my heirs, successors, assigns, and/or personal representatives may have against the Releasees, for, upon, or by reason of any matter, cause, or thing whatsoever, arising in connection with any event, activity, or program provided by, sponsored, hosted, arranged, or advertised by the Releasees, including but not limited to the Activities.
I hereby agree to indemnify and hold harmless the Releasees from any and all manner of action and actions, cause and causes of actions, suits, debts, dues, agreements, promises, variances, damages, judgments, executions, claims, and demands whatsoever (including, specifically, attorneys’ fees and costs in all trial, appellate, bankruptcy, and post-judgment proceedings), whether same be liquidated or unliquidated, known or unknown, foreseen or unforeseen, whether same be at law or in equity, which the Releasees may be subjected to, or incur in connection with any claim with me or any other person may be made against the Releasees by virtue of or related to the Activities in any manner.
I UNDERSTAND THAT THE ABOVE DESCRIPTION OF THE RISKS OF THE ACTIVITIES IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND THE SAFETY OF OTHERS, AND I AGREE TO DO SO.
This Agreement constitutes the sole and entire agreement of Indemnitor and Indemnitee with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Jefferson County, New York and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.