I hereby irrevocably and unconditionally agree for myself, my personal representatives, my heirs, next-of-kin, insurers, successors, and assigns, as follows:
1. ASSUMPTION OF RISK. My choice to participate in and travel to and from the Activities (named on the front side of this document) is knowing, voluntary, and made for my personal enjoyment. I understand that participation in and travel to and from the Activities involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
2. RELEASE FROM LIABILITY. I fully and forever release and discharge QVS and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Activities (collectively referred to in this Release and Waiver as "QVS") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activities, even if it is due to the negligence, injudicious act, omission, or other fault of QVS.
3. INDEMNITY. I will defend, indemnify, hold harmless and reimburse QVS from and for all damages, losses, costs, or expenses (including legal fees) incurred by QVS or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in and travel to and from the Activities. I will reimburse QVS if anyone makes a claim against QVS in connection with my participation in and travel to and from the Activities, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
4. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against QVS, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in and travel to and from the Activities, and I waive any right I may have to do so. This means that I cannot sue to hold QVS responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Activities, even if it is due to the negligence, injudicious act, omission, or other fault of QVS. I waive my insurers' right to make a claim against QVS based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against QVS.
5. MEDICAL EXPENSES. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury, or medical emergency resulting from or in connection with my participation in and travel to and from the Activities and understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation.
6. REPRESENTATIONS. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to drive or ride in a vehicle or otherwise participate in the Activities. I have never been refused automobile insurance coverage or had special conditions imposed. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activities, I will immediately discontinue further participation in the Activities.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE QVS.