Injury Waiver, Likeness Release
AGREEMENT OF WAIVER OF CLAIMS AND LIABILITY RELEASE
In consideration of his acceptance as a participant in a combine (the “Combine”) held by American National Combines (ANC), the undersigned participant (the “Participant” or “I”) agrees to the following Waiver of Claims and Liability Release (the “Waiver and Release”), which will cover events occurring from the time the Participant commences his participation in the Combine until the termination of his participation therein.
WAIVER OF CLAIMS AND LIABILITY RELEASE
It is the intent of the undersigned Participant to release ANC and each of its respective direct and indirect subsidiaries, affiliates, officers, directors, agents, sponsors and employees (collectively, the “ANC Entities”) and the owner(s) and/or managers of the facility(ies) in which the Combine takes place and each of their respective direct and indirect subsidiaries, affiliates, officers, directors, agents, sponsors and employees (collectively, the “Facility”) from any claims or liability to the fullest extent possible under the law. As such, the undersigned hereby agrees as follows:
1. I UNDERSTAND THAT MY PARTICIPATION IN THE ANC COMBINE IS VOLUNTARY AND I UNDERSTAND THE POTENTIAL RISK OF EXPOSURE TO CERTAIN VIRUSES, INCLUDING COVID 19, AND DISEASES BY MY PARTICIPATION IN THE COMBINE AND KNOWINGLY AND WILLING AGREE TO PARTICIPATE IN THE COMBINE BEING FULLY AWARE OF THESE CONDITIONS.
2. I UNDERSTAND AND HEREBY ACKNOWLEDGE THAT THE COMBINE PRESENTS THE INHERENT RISK OF SERIOUS BODILY INJURY. MY WAIVER AND RENUNCIATION OF CLAIMS IN THIS WAIVER AND RELEASE EXPRESSLY APPLY TO ANY BODILY INJURY, DAMAGE, OR ACCIDENT THAT MAY BE SUFFERED BY THE PARTICIPANT OR OTHERS RESULTING FROM THE PARTICIPANT’S PARTICIPATION IN THE COMBINE.
3. I hereby waive, release and otherwise hold harmless the ANC and the Facility from any and all liability for injury or other claims which may arise from my participation in the Combine, including without limitation any claims based on negligence, for any injury to me or others, or any other loss, damage, SICKNESS, including but not limited to Covid-19, accident, delay, or expenses of any kind whatsoever resulting from the Participant’s participation in the Combine.
4. I further agree to waive, release and otherwise hold harmless the ANC and the Facility from any and all claims arising out of use of the equipment or clothing supplied to me for use in the Combine, or the equipment or other materials used by Combine staff in implementing the Combine.
5. I understand and acknowledge that neither the ANC nor the Facility guarantee the security or safety of Combine sites, of the areas adjacent to and surrounding Combine sites, or of any areas Participants may traverse on their way to or from Combine sites. I agree to waive, release and otherwise hold harmless the ANC and the Facility from any and all claims arising out of accidents or events caused by a participant or third parties not associated with the Combine, which incidents could occur on Combine sites, in areas adjacent to or surrounding Combine sites, or in areas traversed by participants traveling to our Combine sites. I further release the ANC and the Facility from liability for any damage or injury that may occur as a result of the surface or condition of the Combine site itself (e.g., the football playing field), or the condition of facilities or equipment used at the site.
6. I recognize that I must obey the instructions of the Combine staff. I understand and acknowledge that the Combine staff and Company representatives each reserve the right to terminate the participation in the Combine of any Participant whose conduct may be considered by such Combine staff or Company representative, in either’s sole discretion, to be detrimental to or incompatible with the interests and security of the Combine. In the event of any such action, I understand and acknowledge that I will have no right to any compensation or damages from Company.
7. I represent and confirm that I have undergone, or will undergo prior to commencement of my participation in the Combine, a full and comprehensive physical examination administered by a Boardcertified physician who will supply to Company or its designated representative a letter certifying, on the basis of aforementioned physical examination, that the Participant is physically fit to participate in the Combine (and perform the various tests/measurements in connection therewith). I further confirm that I have executed, or will execute prior to commencement of my participation in the Combine, the medical history form provided to me at the time of my registration for the Combine, and I will return such form to the ANC.
8. I further understand that should any first aid or medical services be provided or made available to me in connection with my participation in the Combine, the provision or availability of which ANC does not sponsor or guarantee, the ANC do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can ANC be deemed responsible or held liable for any claims arising out of the provision of such first aid or medical services or the failure to provide or to continue to provide such medical services. I also understand that ANC cannot be held liable for any other services provided herein, including without limitation any coaching, counseling, transportation, or security services.
9. I hereby grant ANC, ANC’s business partners and any of their respective designees (collectively, the “Business Partners”) and the media the right to use, without limitation, my name, image, likeness, photograph, and biographical material and combine results throughout the world in any and all media, now known or hereby created, in connection with promoting or publicizing the Combine or any of the Business Partners’ endeavors or businesses.
10. If any portion of this Waiver and Release is declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, I hereby agree that such determination shall not affect the balance of this Waiver and Release, but this Waiver and Release shall remain in full force and effect, as such invalid portion shall be deemed severable.
11. I am of legal age, have read this Waiver and Release, fully understand its terms and conditions, and understand that I am giving up legal rights and remedies. I have voluntarily and freely signed this Waiver and Release and intend it to be legally binding.
12. (For California Residents Only) I hereby expressly waive all rights under Section 1542 of the Civil Code of the State of California, and under any and all similar laws of any jurisdiction. I am aware that said Section 1542 of the Civil Code provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.