2019 ATLANTA FREEDOM BOWL
RELEASE AND WAIVER OF LIABILITY, EXPRESS
ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT;
GRANT OF RIGHTS AND MEDIA RELEASE
THIS AGREEMENT MUST BE CAREFULLY READ AND SIGNED IN CONSIDERATION OF my ability to participate in the Freedom Bowl football tournament and competition at Milton High School in Milton, Georgia from August 29, 2019 through August 31, 2019 and all related events and activities at said premises and facility, including, without limitation, playing, competing, practicing, training, coaching, instructing, observing and spectating, and being present for any other purpose (collectively, “EVENTS”) and IN CONSIDERATION OF my ability to enter into the premises, facility and non-public areas thereof for said EVENTS. Each undersigned, on behalf of himself/herself, and on behalf of his or her personal representatives, heirs, and next of kin (collectively, the “UNDERSIGNED”) hereby:
- INSPECTION: Acknowledges, agrees and represents that immediately upon entering any of the premises, facility and non-public areas, including the workout and training and playing field areas, the UNDERSIGNED shall, and shall continuously thereafter, inspect the areas that the UNDERSIGNED enters, and the UNDERSIGNED further agrees and warrants that, if at any time, the UNDERSIGNED is in or about any part of the premises or facility and feels anything to be unsafe, the UNDERSIGNED will immediately advise a representative, employee or agent of the operator of the EVENTS, and if necessary will leave the area and/or refuse to participate in the EVENTS.
- WAIVER AND RELEASE: RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Spire Football, LLC, Airo Nation, the Airo Foundation, the Freedom Bowl, the EVENTS media production or marketing or distribution entities, the operators, organizers, sponsors, suppliers, promoters, and hosts of the EVENTS, officials, rescue personnel, the facility and premises owners, lessors, leasees, designers, inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the facility and premises, and each of their affiliated owners, subsidiaries, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, assigns, and all other persons or entities participating or involved in the EVENTS (collectively, “RELEASEES”), FROM ALL LIABILITY to the UNDERSIGNED for any and all loss or damage and any claim or demands on account of INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH of the UNDERSIGNED arising out of or related to the UNDESIGNED’s participation in any way in the EVENTS and/or the UNDERSIGNED’s presence in or upon the premises, facility and non-public areas for the, even that caused by the NEGLIGENCE of the RELEASEES (collectively, the “LIABILITY”). The LIABILITY encompasses, but is not limited to, active or passive conduct, NEGLIGENT RESCUE EFFORTS, and NEGLIGENT enforcement of (or the failure to enact or enforce) rules, code of conduct, regulations and guidelines. It also encompasses, without limitation, LIABILITY concerning NEGLIGENT selection, use, operation, design and/or maintenance of any equipment, facility, location, or service related to the EVENTS.
- MEDICAL CONSENT AND RELEASE: AUTHORIZES AND CONSENTS TO RELEASEES providing and arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS to UNDERSIGNED in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the EVENTS or during the UNDERSIGNED’s presence in or upon the premises, facilities, and locations where the EVENTS are or will be taking place. UNDERSIGNED expressly WAIVES AND RELEASES AND AGREES TO HOLD RELEASEES HARMLESS from and against any and all LIABILITY arising therefrom.
- ASSUMPTION OF RISK: Acknowledges that the ACTIVITIES are EXTREMELY DANGEROUS and involve the RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. This agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with the EVENTS, which include, but are not limited to, the risk of being struck by objects or equipment and/or making contact with or colliding with other participants, spectators, other persons, and natural or manmade objects. The EVENTS will include participants of all skill and experience levels and different types of equipment, and UNDERSIGNED expressly assumes the risks associated with mixed and varying skill levels and varying equipment. RELEASING PARTY also acknowledges that there may be undefined and presently unknown risks and dangers associated with the EVENTS, and that there may be risks and dangers that may result from the NEGLIGENCE of the RELEASEES. This includes the potential NEGLIGENCE in the implementation or enforcement of any rules, codes of conduct, regulations or guidelines related to the EVENTS and/or the potential NEGLIGENCE in the selection, use, operation, design, or maintenance of any equipment, field, competition, facility or service related to the EVENTS. UNDERSIGNED hereby expressly assumes all such risks and dangers whether presently known or unknown. The UNDERSIGNED, also expressly acknowledges that injuries received may be compounded or increased by NEGLIGENT RESCUE OPERATIONS OR PROCEDURES of the RELEASEES.
- INDEMNITY AND HOLD HARMLESS: Agrees to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage or cost they may incur arising out of or related to the UNDERSIGNED’s presence in or upon the premises, facility and non-public areas thereof for said EVENTS, whether cause by the NEGLIGENCE of the RELEASEES or otherwise. UNDERSIGNED also hereby agrees to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or cost caused by or arising out of any action or failure to act by UNDERSIGNED during or in connection with UNDERSIGNED’s participation in the EVENTS, or arising out or UNDERSIGNED’s improper, tortious, or criminal conduct.
- VOLUNTARY PARTICIPATION AND ACKNOWLEDGEMENT: Fully acknowledges and understands that participation in the EVENTS will involve physical and strenuous activity and dangerous and changing circumstances and conditions. UNDERSIGNED has taken it upon himself or herself to be fully informed of the numerous inherent risks and potential dangers associated with the EVENTS, including the RISK OF BEING INVOLVED A COLLISION AND SUFFERING SEVERE PERSONAL INJURY OR DEATH. UNDERSIGNED acknowledges that UNDERSIGNED has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. UNDERSIGNED acknowledges that his or her participation in the EVENTS is completely voluntary, and UNDERSIGNED believes that the potential benefits of participation outweigh the risks and danger associated with the EVENTS. UNDERSIGNED acknowledges that UNDERSIGNED has been able to ask questions regarding the EVENTS, and that all questions have been satisfactorily answered.
- OTHER PARTICIPANT OBLIGATIONS: Acknowledges that it is his or her responsibility to do all of the following: (a) fully disclose to RELEASEES any health issues or medications that are relevant to UNDERSIGNED’s participation in the EVENTS; (b) inform RELEASEES if there are any activities or aspects of the EVENTS about which the UNDERSIGNED does not feel comfortable; (c) cease participation and promptly report any physical discomfort, illness or complications; and (d) clear his or her participation with his or her personal physician. UNDERSIGNED also acknowledges that UNDERSIGNED bears full responsibility to become aware of and familiar with any and all event, series, and facility rules, code of conduct, regulations, and instructions, and to follow such rules, regulations and instructions.
- Agrees that this agreement extends to ALL ACTS OF ORDINARY NEGLIGENCE by the RELEASEES, including premises liability and NEGLIGENT RESCUE OPERATIONS, and it is intended to be as broad and inclusive as is permitted by law. UNDERSIGNED acknowledges that THIS AGREEMENT IS INTENDED TO BE FULLY SEVERABLE, and that if any portion of this agreement is held invalid, it is agreed that the balance the agreement shall continue in full legal force and effect. That shall include modifying the agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This agreement is to be interpreted and enforced under the laws of the State of Florida.
- Accepts all terms set forth herein and acknowledges this is the complete agreement between the parties regarding these issues, and UNDERSIGNED agrees and acknowledges that NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE APART FROM THIS AGREEMENT. UNDERSIGNED HAS COMPLETELY READ BOTH PAGES OF THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT AFFECTING SUBSTANTIAL LEGAL RIGHTS. UNDERSIGNED SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM OR HER AND UNDERSIGNED INTENDS HIS OR HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. UNDERSIGNED was given ample opportunity to read the agreement and/or have it reviewed by legal counsel of his or her choice. UNDERSIGNED was also offered a copy of this agreement.