Training Release of Liability and Assumption of Risk
READ THIS INSTRUMENT FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE A PARTY FROM ALL KNOWN AND UNKNOWN OBLIGATIONS. THIS DOCUMENT MUST BE SIGNED BEFORE TRAINING CAN BEGIN.
I AM AWARE AND UNDERSTAND THAT PARTICIPATING IN THE TRAINING IS DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE TRAINING WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, NO MATTER WHAT THE CAUSE IS.
This Training Release of Liability and Assumption of Risk (“Release”) executed on the date by my signature (“Effective Date”) by me as the party listed in the signature block below (“Trainee”) is in favor of JPW Industries, Inc. and Baileigh Industrial, and their affiliates and each of their respective parents, subsidiaries, directors, officers, members, managers, employees, agents, successors, assigns and insurers (individually and collectively the “Released Parties”).
Trainee desires to participate in a machine training class in conjunction with Baileigh Industrial (JPW Industries, Inc) garage, which program involves engaging in hazardous activities related to the operation of machinery (“Training Activities”). The Trainee understands that the Training Activities may involve risk of bodily harm or personal injury, including but not limited to, slips, falls, burns, lacerations, exposure to dangerous items and materials, as well as many other risks and hazards, or even death.
In consideration of the training being provided to Trainee, Trainee agrees that such training constitutes good and valuable consideration and hereby freely, voluntarily, and without duress executes this Release under the following terms:
Release and Waiver. Trainee does hereby release and forever discharge and hold harmless and promise to indemnify and not sue Released Parties, both jointly and severally, from any and all liability, claims, actions, damages, judgments, obligations, expenses, including, without limitation, attorneys’ fees, expert witness fees and costs, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise, in whole or in part, from Training Activities with Released Parties. Trainee understands that this Release discharges Released Parties from any liability or claim that the Trainee may have against Released Parties with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the Training Activities with Released Parties, whether caused by the negligence of Trainee or Released Parties.
Medical Treatment. Trainee does hereby release and forever discharge Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Training Activities with Released Parties.
Insurance. Trainee understands that Released Parties do not carry or maintain insurance coverage for any Trainee. Each Trainee is expected and encouraged to obtain his or her own insurance coverage for his or her protection while conducting any Training Activities with Released Parties.
Photographic Release. In consideration of the training provided to Trainee and without further compensation or royalties, Trainee hereby authorizes Released Parties to capture and use in any form, format or media, whether now known or later developed for marketing, advertising and other business purposes, Trainee’s name, image, likeness, voice and other personal information and hereby grants and conveys unto Released Parties all right, title and interest in any and all photographic images and video or audio recordings captured or made by Released Parties during the Training Activities with Released Parties, including but not limited to, any claims, damages, royalties, proceeds, or other benefits derived from such photographs or recordings.
Other. Trainee expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Wisconsin, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Wisconsin. Trainee agrees for himself/herself and his or her heirs, executors and personal representatives, that the representations in this Release are contractually binding, and are not mere recitals, and that should Trainee or his/her heirs, executors or personal representatives assert a claim contrary to what Trainee has agreed to in this Release, the claiming party shall be liable for the expenses (including, without limitation attorneys’ fees and costs) incurred by Released Parties in defending the claims. This Release may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any subsequent waiver or modification. Trainee agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable and Released Parties and Trainee agree to promptly negotiate the terms of a substitute clause or provision to replace the severed or unenforceable clause or provision, consistent with the parties’ original intent and then-current law.
