The fine print
Moms in Tow, LLC
Acknowledgement of Risk and Release of Liability
I wish to become a member of Moms in Tow and/or participate in activities, events or trips partially or wholly facilitated, sponsored, organized, directed, conducted, or paid for by Moms in Tow, including its employees, agents, volunteers, and members. In exchange for the ability to join and/or participate in such activities, events or trips ("Moms in Tow Activities"), by clicking on the Moms in Tow webpage to agree to this Acknowledgement of Risk and Release of Liability ("Release") I/we hereby irrevocably and unconditionally agree for myself/ourselves and my/our heirs, estate, insurers, successors and assigns as follows:
1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK.
I understand that any and all Moms in Tow Activities may be hazardous and may result in severe injury, loss, damage, or death. I understand that I am solely responsible for my own safety, and for taking every precaution to provide for my safety and well-being, while participating in Moms in Tow Activities. I understand that I am solely responsible for assuring that my physical conditioning, medical condition, skills and equipment are adequate for me to participate safely in Moms in Tow Activities. I understand that the Moms in Tow has no obligation to provide medical care, and has not undertaken the responsibility to do so. I understand that the Moms in Tow is not a guide service. I understand that all Moms in Tow Activities are led by volunteers whose abilities, skills, equipment and actions are not independently controlled or verified by the Moms in Tow. I understand that Moms in Tow Activities involve inherent, serious risks and dangers that are impossible to know or predict, including but not limited to: narrow or nonexistent trails; rough, exposed, unstable, steep or slippery terrain; lightning; cold weather; wild or poisonous animals, insects or plants; water hazards; other forces of nature; equipment malfunctions or failure; travel by motor vehicles or other conveyance; acts or omissions by the Moms in Tow, its employees, agents, instructors, volunteers or members; and acts or omissions by other activity participants. I understand and have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume such risks.
2. RELEASE FROM LIABILITY.
I fully and forever release and discharge the Moms in Tow, its volunteers, employees, agents, partners, leaders, members, officers, directors, representatives, owners or operators of Moms in Tow Activities, facilities, equipment and vehicles, and all others involved in Moms in Tow Activities (the "Released Parties") 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 or attendance at any and all Moms in Tow Activities, including transportation related to Moms in Tow Activities, even if it is due to the negligence or other fault of the Released Parties.
3. COVENANT NOT TO SUE.
I will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me or others in connection with my participation in or attendance at any or all Moms in Tow Activities, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, or damages that I may experience related to Moms in Tow Activities, even if due to the negligence or other fault of the Released Parties. I waive my insurers' right to make a claim against the Released Parties based on payments by insurers to me or on my behalf for any reason. This means that my insurers have no right of subrogation against the Released Parties. If any portion of this Covenant Not to Sue is held to be invalid or unenforceable, I agree that the venue of any lawsuit shall be Holland, Michigan, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Michigan statutory and substantive law shall apply to any such lawsuit.
I will hold harmless, indemnify, and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including death), loss, or damage sustained by me or others in connection with my attendance at or participation in the Activity, including transportation related to Moms in Tow Activities. This means that I will reimburse the Released Parties if anyone makes a claim against them based on injuries, losses or damages I may suffer.
5. NO INSURANCE; MEDICAL EXPENSES.
I understand that the Moms in Tow and others involved in Moms in Tow Activities do not provide me with any insurance, including life, medical, motor vehicle, or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in or attendance at any Moms in Tow Activities. If I want insurance of any kind, I must obtain my own insurance. I will pay my own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury in connection with any Moms in Tow Activities.
I intend this Release to apply in connection with any Moms in Tow Activities at any time and anywhere in the world. I agree that my clicking on the acceptance button on the Moms in Tow web page constitutes my acceptance of this Release with the same force and effect as if I were to sign a printed copy of this Release. Since a Moms in Tow membership is for the entire family, I agree that my clicking on the acceptance button on the web page constitutes the agreement of each adult family member to all of the terms and conditions of this Release. I further understand and agree that payment of Moms in Tow membership fees constitutes additional, independent acceptance of all of the terms of this Release. I further understand and agree that my signature of a printed copy of this Release is not required to give effect to my acceptance of the terms of this Release, but I will immediately provide my signature on a printed copy of this Release upon request. If any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release supersedes any oral or written statements made by or to me at any time by anyone in connection with any Moms in Tow Activities. I understand that I cannot terminate, cancel, or revoke this Release for any reason.
7. SUBSCRIPTIONS & BILLING.
By providing a credit card for your subscription, you are expressly agreeing that we are authorized to charge you an annual subscription fee. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your account. If your Payment Method expires and you do not edit your information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each annual renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in to your account on the Moms in Tow webpage.
Your subscription will continue in effect on an annual basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your annual renewal date in order to avoid the next billing. We will bill the annual subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current membership -this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your account on the Moms in Tow webpage.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY CLICKING THE ACCEPTANCE BUTTON ON THE MOMS IN TOW WEBPAGE I AM AGREEING TO ITS TERMS WITH THE SAME FORCE AND EFFECT AS IF I WERE SIGNING IT. I UNDERSTAND THAT BY AGREEING TO THIS ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE ANY CLAIM AGAINST THE RELEASED PARTIES. I HAVE READ THIS ENTIRE DOCUMENT CAREFULLY. I FULLY UNDERSTAND ITS CONTENTS AND I VOLUNTARILY AGREE TO ITS TERMS.
FOR ANY MINOR (A PERSON UNDER 18 YEARS OLD), THE MINOR'S PARENT OR GUARDIAN MUST ALSO READ AND, BY CLICKING ON THE ACCEPTANCE BUTTON ON THE MOMS IN TOW WEBPAGE, TO AGREE TO THE FOLLOWING:
Parent/Guardian Release of Minor's Claims
I am applying for membership with Moms in Tow, which is for my entire family, and am the parent or legal guardian of one or more minors (the "Participant"). On behalf of the Participant, myself, the Participant's parents or guardians, heirs, estate, insurers, assigns and anyone else who may make any claim for or on behalf of the Participant, I hereby irrevocably and unconditionally:
- Agree to all of the terms of the above Acknowledgement of Risk and Release of Liability ("Release"). I understand and agree that all provisions of the Release, including but not limited to the Covenant Not to Sue and the Validity clauses, are incorporated herein by reference and apply to this Parent/Guardian Agreement as well.
- Agree to cause the Participant to comply with the terms of the above Release.
- Agree not to take any actions that would assist or cause the Participant to invalidate, renounce, negate, revoke, or disclaim any part of the Release.
- Agree to hold harmless, indemnify, and reimburse the Released Parties described in the Release from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by any of them to any person (including the Participant or insurers) in connection with any accident, injury (including death), loss, or damage arising out of the Participant's attendance at or participation in any Moms in Tow Activities (as defined in the Release), including transportation related to the Moms in Tow Activities.
I HAVE READ THIS PARENT/GUARDIAN RELEASE OF MINOR'S CLAIMS AND THE PRECEDING ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY CAREFULLY. I FULLY UNDERSTAND THEIR CONTENTS AND I VOLUNTARILY AGREE TO THEIR TERMS.