WAIVER AND RELEASE FROM LIABILITY
PLEASE READ CAREFULLY, THIS CONTRACT AND RELEASE IS LEGALLY BINDING
By agreeing below you give up your right to recover compensation through the courts or otherwise, for all damage to yourself, including injury or death, or any damage to your property while taking part in the 5k walk event, (hereinafter referred to as the “Activity”) organized by NONPROFIT X to be held on March 21, 2015 at the Event Venue for the purposes of raising funds for Nonprofit X.
I, THE UNDERSIGNED, a participant in the Activity (the “Participant”), am AWARE of the possibility of personal health and safety risks due to my voluntary participation in the Activity. I ACKNOWLEDGE THAT the risks, dangers, and hazards associated with the Activity may include but are not limited to: accidents, falls, sprains, contact with other participants, personal safety, the effects of the weather and the conditions of the premises. I FREELY ACCEPT AND FULLY ASSUME all risks, dangers and hazards and the possibility of personal injury, death or loss resulting from such risks, dangers and hazards. I acknowledge that my participation in this Activity is voluntary and is not connected to or related to my employment duties at UPS or any other employer, and that any injuries that are sustained or aggravated during the event are not work related, nor can they be considered.
In consideration of my voluntary participation in the Activity, I hereby AGREE AS FOLLOWS:
- TO WAIVE ANY AND ALL CLAIMS arising from my voluntary participation in the Activity that I have or may have in the future against directors, officers, employees, agents, volunteers, sponsors and independent contractors (all of whom are hereinafter collectively referred to as the “Releasees”);
- TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer and arising from my voluntary participation in the Activity due to any cause whatsoever including NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from or in connection with my voluntary participation in the Activity;
- This Waiver and Release shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.
- TO CONSENT being photographed during the Activity and to the use or publication of my image in whatever format (for example, print, electronic, multi-media, Internet) in any promotional material of the Releasees.
In agreeing to this Waiver and Release, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Waiver and Release.
I HAVE READ AND UNDERSTOOD THIS WAIVER AND RELEASE. I HAVE AVAILED MYSELF OF THE OPPORTUNITY TO SEEK THE APPROPRIATE ADVICE BEFORE SIGNING, WHETHER LEGAL OR OTHERWISE AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
This Waiver and Release must be completed in full, signed, dated, and witnessed before the Participant’s involvement in the Activity.