FIVESPARKS CONSENT AND WAIVER OF LIABILITY ============================================================================================================================== IN CONSIDERATION of my participation in Fivesparks programs and events ("Activity"), I, for myself, my personal representatives, assigns heirs, and next of kin: FULLY UNDERSTAND that: (a) ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death ("Risks"); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasees named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity; I AGREE AND WARRANT that I will examine and inspect each Activity in which I take part as a member of the Program and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction; I HEREBY RELEASE, discharge, and covenant not to sue Fivesparks and/or the Town of Harvard and their respective agents, administrators, board members, directors, officers, volunteers, employees, other participants, any sponsors, advertisers, and as applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim, to the fullest extent permitted by law; and I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. ============================================================================================================================== WEATHER: New England weather is unpredictable and your safety is very important to us. Fivesparks' weather policy generally follows the Harvard Public Schools - if school is closed, classes at the Fivesparks building will be canceled. You can find school closing info on television or radio, or by checking the Harvard Public Schools' Twitter account ( twitter.com/DrLindaDwight - you don't need a Twitter account to see the postings). Fivesparks will coordinate with the instructor to account for and/or reschedule any canceled classes, as necessary. ============================================================================================================================== USE OF LIKENESS: I hereby grant Fivesparks permission to use my likeness in photographs/video in any and all its publications whether now known or hereafter existing. I will make no monetary or other claim against Fivesparks for the use of this material.