- Failure to guard or warn of a dangerous condition associated with a "hazardous" recreational activity where the public entity/employee has actual or constructive notice and the participant does not or cannot be reasonably expected to have notice of the dangerous condition; and

- Where the municipality is contractually obligated to indemnify a third party and the third party would not be afforded statutory immunity (e.g., a private party).

This list is not all-inclusive; it highlights the most common situations in which statutory immunity may be unavailable. Thus, the only feasible avenue of liability protection would be the use of waivers. Further, Illinois courts are often resistant to giving full force and effect to the immunities of the Act. In such instances, waivers serve as a secondary defense. Moreover, continued legislative efforts to erode current statutory immunities illustrate the real potential of losing existing immunities at any given time in the future. Should this occur, waivers may again serve as the primary source of liability protection.

There are other benefits to waivers. Participants, parents of minor participants, or their respective legal counsel may simply not file a claim or abandon a claim based upon the execution of a waiver. Additionally, by identifying with specificity a particular risk/danger, waivers may be used in support of other defenses such as the "open and obvious" defense doctrine (no legal duty to warn, guard or protect against dangers/hazards which are "open and obvious" to the participant). For example, by identifying the dangers associated with an aerobics class (e.g., heart attack, stroke and circulatory problems) such dangers arguably become "open and obvious" to the participant.

Similarly, it is habitually argued that the legislature eliminated the "assumption of the risk" defense when it adopted the doctrine of "comparative fault"; however, recently enacted immunity statutes contain specific language stating that the participant "expressly assumes the risk and legal responsibility" for injuries and damages arising out of certain recreational activities (e.g., Equine Liability Act and Roller Skating Rink Safety Act). Thus, it may be asserted that the legislature has "resurrected" this defense doctrine. Properly worded waivers may be used to establish and recognize both an "expressed" assumption of risk and "primary implied" assumption of risk defenses. Instances in which willful and wanton conduct is an exception to an immunity (e.g., 3-106 Immunity for Recreational Property), waivers that identify specific dangers/hazards associated with particular activities may be used to contraindicate willful and wanton conduct. That is, it may be asserted that the district did not demon-

IMPORTANT INFORMATION
The (District/SRA) is committed to conducting its recreation programs and activities in a safe manner and holds the safety of participants in high regard. The (District/SRA) continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants' safety. However, participants and parents/guardians of minors registering for this program/activity must recognize that there is an inherent risk of injury when choosing to participate in recreational activities.

You are solely responsible for determining if you or your minor child/ward are physical fit and/or skilled for the activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant, disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity.

WARNING OF RISK
Despite careful and proper preparation, instruction, medical advice, conditioning and equipment, there is still a risk of serious injury when participating in any recreational activity/program. Understandably, not all hazards and dangers can be foreseen. Participants must understand that certain risks, dangers and injuries due to acts of God, inclement weather, slipping, falling, equipment failure, failure in supervision, premises defects and all other circumstances inherent to recreational activities/programs exist In this regard, it must be recognized that it is impossible for the (District/SRA) to guarantee absolute safety.

WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK
Please read this form carefully and be aware that in signing up and participating in this program/activity, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages or loss which you or your minor child/ward might sustain as a result of participating in any and all activities connected with and associated with this program/activity (including transportation services, when provided).

I recognize and acknowledge that there are certain risks of physical injury to participants in this program/activity, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I or my minor child/ward may have (or accrue to me or my child/ward) as a result of participating in this program/activity against the (District/ SRA), including its officials, agents, volunteers and employees (hereinafter collectively referred as "District/SRA").

I do hereby fully release and forever discharge the (District/SRA) from any and all claims for injuries, damages, or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising out of; connected with, or in any way associated with this program/activity.

I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. If registering a minor participant, I further attest that I have read the above to my minor child/ward.

PLEASE PRINT

Participants Name ……………………………………………..


Participant's Signature …………………………………………
(18 years or older or Parent/Guardian)


Date …………………………….


PARTICIPATION WILL BE DENIED
If the signature of adult participant or parent/guardian and date are not on this waiver.