RELEASE
& WAIVER OF LIABILITY
By
selecting “I Agree” on this form, the participant (“I” or “me”) confirms their
desire to participate in the ONE DAY WITHOUT SOUND(SM) event (the “Event”)
sponsored by the Miracle-Ear Foundation and its Event sponsors (collectively,
the “Foundation”) and agrees to all the terms & conditions and release
& waiver of liability, set forth below.
Terms
and Conditions:
I
acknowledge that I have full knowledge of the risks involved by participating
in the Event. I further acknowledge that I have read and understand the Event
information provided in the Frequently Asked Questions provided by the
Foundation.
I
AM AWARE AND UNDERSTAND THAT THE EVENT MAY INVOLVE THE RISK OF SERIOUS INJURY
AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY
PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY
AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY
DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE FOUNDATION OR OTHERWISE.
Waiver
and Release:
I
hereby expressly waive and release any and all claims, now known or hereafter
known in any jurisdiction throughout the world, against the Foundation, and its
officers, directors, employees, agents, affiliates, members, successors and
assigns (collectively, “Releasees”), on account of injury, death or property
damage arising out of or attributable to my participation in the Event, whether
arising out of the negligence of the Foundation or any Releasees or otherwise.
I covenant not to make or bring any such claim against the Foundation or any
other Releasee, and forever release and discharge the Foundation and all other
Releasess from liability under such claims.
I
shall defend, indemnify and hold harmless the Foundation and all other
Releasees against any and all losses, damages, liabilities, deficiencies,
claims, actions, judgments, settlements, interest, awards, penalties, fines,
costs, or expenses of whatever kind, including reasonable attorney fees, fees
and the costs of enforcing any right to indemnification under this Agreement
and the cost of pursuing any insurance providers, incurred by/awarded against
indemnified party, arising out or resulting from any claim of a third party
related to the Event.
BY
SELECTING “I AGREE”, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE
TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE THE FOUNDATION.