RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AGREEMENT, AND LIKENESS RELEASE AND WAIVER
CAUTION: READ BEFORE SIGNING – THIS DOCUMENT HAS LEGAL CONSEQUENCES!
IN CONSIDERATION of my participation in the archery competition (the “Activity”) organized by HHAUSA, Inc., a Wisconsin corporation which has its principal offices located at 1144 Larry Ave, Wisconsin Rapids, WI 54494 (“HHAUSA”), the undersigned agrees as follows:
1. Assumption of Risk. The undersigned participant hereby acknowledges that participation in the Activity INVOLVES RISKS, INCLUDING, BUT NOT LIMITED TO, THE RISK OF BODILY HARM, BODILY INJURY, DEATH, AND/OR PROPERTY DAMAGE, and therefore, the undersigned voluntarily assumes any and all risks relating to the undersigned’s participation in the Activity.
2. Waiver of Right to Bargain. The undersigned participant hereby waives his/her right to bargain for different waiver of liability terms. By signing below, the undersigned participant acknowledges that he/she is voluntarily participating in the Activity, and that, if the undersigned participant does not wish to accept the terms of this Release and Waiver of Liability Agreement (the “Agreement”), he/she is not compelled to do so and in that case would not participate in the Activity.
3. Release and Waiver of Liability. THE UNDERSIGNED PARTICIPANT FULLY AND FOREVER RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS AND COVENANTS NOT TO SUE HHAUSA AND ITS INSURERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS SUBSIDIARIES, AFFILIATES, SERVANTS, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS OR CAUSES OF ACTION OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT OR BY SUBROGATION, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH ARISE OUT OF THE UNDERSIGNED PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, WHICH INCLUDES, BUT IS NOT LIMITED TO, PROPERTY DAMAGE TO PROPERTY OF THE UNDERSIGNED PARTICIPANT, PERSONAL INJURY TO THE UNDERSIGNED PARTICIPANT AND/OR DEATH TO THE UNDERSIGNED PARTICIPANT.
4. Likeness Release and Waiver. I hereby irrevocably permit, authorize, grant, and license HHAUSA and its affiliates, successors, and assigns the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, liense, otherwise use, or permit others to use my name, image, likeness, appearance, voice, and other personal characteristics, and all materials created by or on behalf of HHAUSA that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures, and other print publications; electronic, magnetic, and optical media; motion pictures, television broadcast, cablecast, and satellite; home video and video on demand; radio broadcasts,; display, point-of-sale, and other advertising and promotional materials; press releases; the internet and other digital transmission or delivery methods; and mobile applications on any platform and for any purpose, including, but not limited to, advertising, public relations, publicity, packaging, and promotion of HHAUSA and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.
5. Governing Law. The parties hereby agree that the law governing this Agreement shall be the law of the state of Wisconsin without reference to conflicts of law principles.
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY. I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I WARRANT THAT I HAVE SIGNED THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I FURTHER WARRANT THAT I HAVE NOT CONVEYED, TRANSFERRED, AND/OR ASSIGNED ANY RIGHTS THAT I AM GIVING UP BY SIGNING THIS AGREEMENT. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AS DESCRIBED HEREIN TO THE GREATEST EXTENT ALLOWED BY LAW.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Stride Events, sponsors, affiliates, volunteers, Blackhawk Archers, and individual Blackhawk Archers organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of hazards around the event, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Stride Events I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Stride Events shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Stride Events does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.strideevents.com website. Stride Events is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Stride Events facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Stride Events relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Stride Events .