Trust Fund Activities Waiver Agreement

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(Including assumption of risks and agreements of release and indemnity) Please read this document carefully.

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In consideration of being allowed to participate in the amusements and activities offered by vendors such as the Mullins Center, Central Rock Gym or other venue, in conjunction with the UAW/UMass Health & Welfare Trust Fund (the “Fund”) I, for myself, my heirs, personal representatives and assigns acknowledge and agree as follows:

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Activities and Risks

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I understand that I share the responsibility for managing the risks of the activities, supervised or not, including not participating in an activity for which I feel I am not qualified or which includes harmful conditions. I understand that I must follow all venue policies, rules, and regulations. I acknowledge that venue staff is, and has been, available, to answer any questions about the nature and physical demands of the activities and their risks. I understand that the risks of the  activities include, among others, the following: (1) misuse of the equipment or facilities; (2) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable); (3) failure of the facilities and other equipment; (4) mental or physical health problems of participants and others; (5) lack of training and conditioning; and (6) carelessness and misjudgements, including negligence, of participants and staff.

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These and other risks are inherent in the activities. These and other risks can result in losses, including property damage, bodily injury, permanent disability, paralysis, and even death.

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Assumption of Risks

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My participation in the activities at this venue is voluntary. I hereby acknowledge the risks described above and their inherency, and that other risks, known and unknown, inherent and otherwise, may be encountered. I expressly knowingly assume all the risks, known and unknown, inherent or not, and whether or not described above, of participation in an amusement or activity, the use of its equipment and facilities, or otherwise moving about the premises and remote sites and transportation to or walking to activity sites.

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Release and Indemnity

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I, my heirs, personal representative or assigns do hereby agree (to the maximum extent allowed by law), to release and discharge the Fund from, and covenant not to sue (or otherwise assert a claim against) the Fund, its trustees and its staff with respect to, any and all claims (resulting in personal injury, accidents, or illness, including death), liabilities and losses in any way arising from or connected with my participation in an activity, the use of its equipment and facilities, or otherwise moving about the premises.

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I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the Fund, its trustees and its staff from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from my involvement in the activities.

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Additional Provisions

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I acknowledge and agree that I have carefully read, understand and voluntarily sign (or electronically consent to) this Agreement and acknowledge that it shall be effective and binding upon me and my family, heirs, executors, administrators and representatives. I agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Massachusetts and if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect.

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