1.
Waiver and
Release of Liability: My participation in the tour is voluntary and subjects me
to the possibility of physical injury (which could be minimal or serious) and
loss of or damage to my property (collectively, Risks).
Accordingly, I agree to
the following.
a.
I hereby release
and hold harmless Oakland County, Oakland County Water Resources Commissioner,
the drainage district if applicable, and Oakland County, Oakland County Water
Resources Commissioner, and drainage district’s officers, directors, employees,
agents, volunteers, and contractors (collectively, Releasees) from any claim,
demand, loss, liability, damages, and attorney fees and costs whatsoever
arising from, related to, or resulting from these Risks (Claims), including
those caused by the negligent acts or omissions of any or all of the Releasees.
b.
I recognize that
although the facility subject to this tour involves public operations, it is
not a facility that is open to the public. It is an active operating facility
and as such I may be required to wear certain safety equipment and follow
safety direction from the facility staff.
c.
As between each
of the Releasees and me, I will be solely responsible for any and all medical
and related bills that I may incur because of any injury, as well as costs
related to loss or damage to my property, that I may sustain as a result of my
participation in the tour, including those sustained on the premises where the
tour is conducted and while I am traveling to and from such premises,
regardless of the location or mode of transportation.
d.
This Agreement
shall be binding on my estate, heirs, executors, administrators, successors,
and assigns, as well as any other party asserting a Claim on my behalf or on
behalf of my estate.
2.
General
Provisions:
a.
I hereby
expressly agree that (1) this Agreement is governed and construed according to
the laws of the State of Michigan without regard to its conflict of laws
provisions.
b.
This Agreement
contains the entire understanding between and among the parties concerning
these matters. No waiver, modification, or amendment of any terms of this
Agreement shall be effective unless made in writing and signed by the party to
be charged.
c.
I hereby
expressly agree that if any portion of this Agreement is held invalid, the
balance of the Agreement shall nonetheless continue in full legal force and
effect.