RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND PHOTO RELEASE
Please read and be certain you understand the implications of signing.
Alcohol, Drugs, & Illegal Substances
The possession of use of illicit drugs is strictly prohibited while attending and participating in any Wonderfully Made4You event. All participants must be 21 years of age to drink and must do so responsibly. The excessive consumption of alcohol, and all violent or inappropriate behavior as a result of alcohol consumption, or otherwise will not be tolerated and we reserve the right to pursue disciplinary action. Participants found to be violation of the policies set forth by Wonderfully Made4You may be immediately removed from an event at their own cost and no refund will be granted. Wonderfully Made4You also retains the right to notify local law enforcement immediately. Wonderfully Made4You choice to not take disciplinary action immediately is not a waiver of its rights against an individual at a later date.
Express Assumption of Risk Associated with Recreational Activities.
I do hereby affirm and acknowledge that I/my child/ward do/does not suffer from any known disability or conditional with would prevent or limit my or my minor child/ward’s participation in the activity or event that I or my minor child/ward desires to attend and participate in. I further affirm and acknowledge that I fully understand that there may be inherent hazards and risks associated with the activity or event in which or my minor child/ward will attend and participate in, including my or my minor child/ward’s own transportation to and from the event location. I have fully informed myself of all of the details of the event and associated activities and I understand that inherent hazards and risks may include but are not limited to:
1. Risk of significant injury from the activity and/or event including the potential for permanent disability and death.
2. Risks associated from outdoor activities, including but not limited to exposure to elements, excessive heat, hypothermia, impact of the body upon the snow, encountering objects either natural or man-made, exposure to animals with the attendant risk of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury and/or death.
3. My or my minor child’s own negligence and/or the negligence of others, including but not limited to operator or instructor error and/or decision making.
4. Fatigue, chill, alcohol consumption and/or dizziness, which may diminish my reaction time and increase the risk of accident both during the event and after.
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims, Indemnity Agreement, and Photo Release
In consideration for being or having my minor child/ward being permitted to participate in the Wonderfully Made4You event I desire to purchase and related activities, I hereby agree, acknowledge and appreciate that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, (herein referred to as “releasees”): Wonderfully Made4You, LLC.
2. To release the releasees, their officers, directors, employees, contractors, representatives, agents, and volunteers, vessels, and its parent and subsidiary affiliates from liability and responsibility whatsoever and for any claims or causes of action that I, or my minor child/ward’s estate heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities which I or my minor child/ward desires to participate in, whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury disability, death or loss or damage to person or property arising out of connected with, or in any way related to the event of or activities me or my minor child desires to participate herein.
3. I hereby give releases, their officers, directors employees, contractors, vendors, affiliates, sponsors and agents, and its assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use and make photographs (still, film, tape or otherwise), to use and record with a video or audio recording device, me or my minor child/ward’s name (or any fictional name), picture, portrait, photograph, and/or likeness in all forms and in all media and in all manners (“Likeness”), without any restriction as to changes or alterations (including but not limited to blurring, distortion, alteration, optical illusion or use in composite form, or derivative works of my or my minor child/ward’s Likeness made in any medium, whether intentional or otherwise) in connection with the activity (ies) through the releasees; or releases’ sponsor’s business, products and/or services, including but not limited to for advertising, for publication or any other lawful purposes. I waive any right to inspect, modify, or approve any intermediary version(s) or finished version(s) of the results of the use of my or my minor/ward’s Likeness (“Results”). I waive any right to further compensation on behalf of myself or my minor child/ward.
4. In the event of an emergency, I authorize release to secure, from any licensed hospital, physician and/or other medical personnel, any treatment deemed reasonable and necessary for myself and/or my minor child/ward’s immediate care and agree that I will be responsible for payment for any and all such treatment rendered.
5. By entering into this Agreement, I am not relying on any oral or written representation or statement made by the releasees, other than what is set forth in this Agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.