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Terms of Service
Participant Liability Release, Waiver of Rights and Publicity Authorization
In consideration of being allowed to participate in the Make-A-Wish® Kickball Tournament event (the “Event”), and intending to be legally bound, I am voluntarily signing this Participant Liability Release, Waiver of Rights and Publicity Authorization (“LiabilityRelease and Waiver”), and on behalf of myself, my spouse, heirs, personal representatives and assigns I hereby irrevocably and unconditionally agree as follows:
1. I ASSUME ALL RISK. I am fully aware: (a) that the Event involves activities that are physically demanding and which entail inherent risks and dangers of serious personal injury (including permanent disability or death), property damage and other economic losses; (b) that such damages and losses may result not only from my own actions, inactions or negligence, but also from the actions, inactions or negligence of others, or from extreme weather conditions, or from the condition of the fields on which the Event is held; and (c) that there may be other risks not presently known to me or reasonably foreseeable at this time. I understand and have carefully considered the risks involved, and I voluntarily and freely choose to assume all such risks.
2. I RELEASE OTHERS FROM LIABILITY. I hereby waive and release all rights and claims for damages which I, my spouse, heirs, personal representatives or assigns may have now or in the future against Make-A-Wish Foundation of Colorado, Make-A-Wish Foundation of America, Dick’s Sporting Goods Park, any and all sponsors of the Event, and the past or present officers, directors, employees, volunteers, agents, attorneys, insurers and affiliates of each, as well as their respective heirs, legal representatives and insurers (collectively, the “Released Parties”), arising out of or relating in any way to the Event, including but not limited to any and all claims for personal injuries (including permanent disability or death), property damage and/or economic losses sustained by me before, during or after said Event, whether caused or alleged to be caused in whole or in part by the negligence of the Released Parties or otherwise.
3. I INDEMNIFY THE RELEASED PARTIES. I agree to indemnify, hold harmless and defend the Released Parties, their insurers and each of them from any litigation expenses, attorneys’ fees, liability, damages or costs they may incur due to any claim made against any of the Released Parties, including but not limited to any claim based on my negligence or the negligence of the Released Parties arising out of, or occurring in connection with, my training for or participation in the Event to the fullest extent allowed by applicable law.
4. I PROMISE NOT TO SUE. I will not initiate any claim, lawsuit or other legal proceeding against any of the Released Parties on account of injuries (including permanent disability or death), damages or other losses sustained by me as a result of my participation in the Event, and I hereby waive any right I may have to do so. I understand this means I cannot sue to hold the Released Parties responsible for any injuries, damages or losses arising out of the Event, even if caused in whole or in part by the negligent act or omission or other fault of the Released Parties or any other person or entity. I also waive my insurers’ right to pursue a claim against the Released Parties based on payments made by such insurers to me or on my behalf, which means my insurers will have no rights of subrogation against the Released Parties.
5. I CONSENT TO MEDICAL TREATMENT. I hereby authorize, and consent to receive, such medical treatment as may be deemed necessary in the event of any accident, injury, illness or medical emergency resulting from or in connection with my participation in the Event, and I understand I am solely responsible for all costs relating to such medical treatment, medical transportation and/or evacuation. I agree this Liability Release and Waiver also governs the provision of all such treatment.
6. I AGREE TO PUBLICITY. I irrevocably authorize the Released Parties to use my name and likeness, whether embodied in photographs, videotapes or any other format, for purposes of promotion, publication, commercial advertising or otherwise, now or in the future: (a) in all manner and media whatsoever, including print media, social media and the Internet; (b) without the payment of any royalties, residuals or other compensation to anyone; and (c) without the need to seek further approval from me before doing so.
7. I WARRANT AND REPRESENT to the Released Parties that: (a) I am physically and emotionally fit and sufficiently trained to participate in and complete the Event; (b) I have not withheld any information that might influence the Released Parties’ decision to allow me to participate in the Event; (c) I will act safely and responsibly at all times before, during and after the Event; and (d) I will immediately discontinue further participation in the Event if at any time I believe conditions to be unsafe or that I am no longer sufficiently fit to participate in the Event, or if I am asked to do so.
8. I AGREE that: (a) this Liability Release and Waiver sets forth the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, regarding the subject matter hereof; and (b) if any provision of this Liability Release and Waiver is held to be unenforceable for any reason, the remaining provisions shall not be affected and shall continue in full force and effect
9. I AGREE that this Liability Release and Waiver shall be construed and interpreted as broadly as possible under the laws of the State of Colorado, without regard to conflict of interest principles.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS LIABILITY RELEASE AND WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES IDENTIFIED ABOVE.