CUSTOMER RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT
This Customer Release, Assumption of Risk, Waiver of Liability, and Indemnification Agreement (“Agreement”) is dated as of the Effective Date, which is the last date identified below, between Women’s National Football Conference (“WNFC”) and the undersigned in his or her own capacity (“Adult Participant”) and, if any minor(s) is/are named in the signature block below, on behalf of and as parent or legal guardian for such minor participant(s) (collectively, “Child Participant,” whether one or more) (collectively, “Participant”), to and for the benefit of the Protected Parties as defined below.
As valid consideration for entry into the venue, event space, premises, field, parking areas, sidewalks, surrounding areas, and any other location where WNFC Fan Fest activities are held (collectively, the “Premises”) and participation in or attendance at WNFC Fan Fest and related activities, programming, demonstrations, activations, appearances, entertainment, games, athletic activities, contests, vendor areas, fan experiences, and any other event-related activities (collectively, the “Activities”), the undersigned agrees as follows:
NATURE OF THE ACTIVITIES. WNFC Fan Fest is a fan-focused event that may include sports-related activities, football demonstrations, meet-and-greets, games, contests, vendor activations, entertainment, interactive experiences, photo opportunities, and other activities for attendees. Some Activities may be active, physical, crowded, or conducted near other participants, staff, athletes, equipment, structures, or event fixtures. WNFC has taken reasonable steps to promote safety; however, it is impossible to eliminate all risk and possibility of injury.
TYPES OF RISKS. The Activities may include, but are not limited to, football-related drills, throwing or catching activities, running, jumping, agility or skills challenges, photo opportunities, games, contests, vendor activations, entertainment areas, and movement throughout the Premises. Inherent risks include, but are not limited to, slips, trips, falls, collisions with other participants or objects, contact with balls or equipment, overexertion, crowd-related risks, weather-related risks, uneven surfaces, temporary structures, unexpected equipment failure, and erratic or negligent behavior by other attendees or participants.
TYPES OF INJURIES. Participant acknowledges that injuries may occur in connection with attendance at or participation in the Activities. Such injuries may include, but are not limited to, muscle strains and sprains, bruises, abrasions, cuts, contusions, broken bones, ligament and joint injuries, concussions, eye injuries, heat-related illness, dehydration, allergic reactions, illness, catastrophic injury, paralysis, heart attack, or death.
ASSUMPTION OF RISKS. On behalf of myself and, if applicable, any Child Participant(s), I warrant that I have read this Agreement in its entirety, acknowledge that the Activities contain inherent risks, understand the demands of the Activities relative to Participant’s physical condition and skill level, appreciate the types of injuries that may occur, and agree that participation and attendance are voluntary. Participant knowingly assumes all risks related to attendance at or participation in WNFC Fan Fest and the Activities.
RELEASE OF CLAIMS. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT, ON BEHALF OF HIMSELF/HERSELF AND HIS/HER HEIRS, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, FAMILY MEMBERS, PARENTS, GUARDIANS, SUCCESSORS, AND ASSIGNS, HEREBY RELEASES AND AGREES NOT TO SUE WOMEN’S NATIONAL FOOTBALL CONFERENCE, ITS TEAMS, LEAGUES, AFFILIATES, SUBSIDIARIES, SPONSORS, PARTNERS, EVENT PRODUCERS, VENUE OWNERS, LANDLORDS, MANAGEMENT COMPANIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, VOLUNTEERS, INDEPENDENT CONTRACTORS, VENDORS, ATHLETES, COACHES, STAFF, EQUIPMENT PROVIDERS, INSURERS, HEIRS, SUCCESSORS, AND ASSIGNS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF OR RELATING TO PARTICIPANT’S ATTENDANCE AT OR PARTICIPATION IN WNFC FAN FEST, USE OF THE PREMISES, PARTICIPATION IN THE ACTIVITIES, OBSERVATION OF ACTIVITIES, TRANSPORTATION TO OR FROM THE EVENT, OR DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY.
This release applies even if any injury, loss, or damage is caused in whole or in part by the negligence, fault, or strict liability of the Protected Parties, to the fullest extent permitted by law.
INDEMNITY. Adult Participant, on behalf of himself/herself and any Child Participant(s), agrees to indemnify, defend, release, and hold harmless the Protected Parties from and against all claims, causes of action, suits, losses, liabilities, damages, fines, penalties, judgments, settlements, proceedings, costs, fees, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to Participant’s acts, omissions, presence at the Premises, attendance at WNFC Fan Fest, participation in or observation of the Activities, use of equipment, or violation of event rules. This indemnity shall apply to the fullest extent permitted by law.
DISPUTE RESOLUTION.
A. ARBITRATION. If a dispute arises under this Agreement or from Participant’s attendance at or participation in WNFC Fan Fest, the parties agree to engage in good faith efforts to resolve the dispute before filing a demand for arbitration. If the dispute is not resolved, the parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Premises, the Activities, personal injury, death, property damage, or the scope or validity of this arbitration provision shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association under its applicable rules. Judgment on the arbitration award may be entered in any court having jurisdiction.
B. WAIVER OF JURY TRIAL. PARTICIPANT, ON BEHALF OF HIMSELF/HERSELF AND ANY CHILD PARTICIPANT(S), KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A BENCH TRIAL OR TRIAL BY JURY FOR CLAIMS ARISING FROM OR RELATED TO ATTENDANCE AT OR PARTICIPATION IN WNFC FAN FEST, USE OF THE PREMISES, OR PARTICIPATION IN THE ACTIVITIES.
ACKNOWLEDGMENTS BY PARTICIPANT. Participant acknowledges that:
• Participant possesses a sufficient level of skill, judgment, and physical fitness for safe attendance at or participation in the Activities.
• Participant will participate only in Activities that Participant believes he or she can perform safely.
• Participant does not have any health condition that would make attendance or participation unsafe.
• Participant is encouraged to consult a physician before participating in physical Activities.
• WNFC may, but is not required to, administer emergency aid, CPR, or use an AED when deemed necessary.
• WNFC may, but is not required to, secure emergency medical care or transportation when deemed necessary, and Participant shall be responsible for all related costs.
• Participant will stop participating and notify event staff if Participant feels unusual discomfort, faintness, shortness of breath, chest pain, high anxiety, or any other concerning symptom.
• WNFC may terminate Participant’s participation or remove Participant from the Premises if WNFC determines Participant is unable to safely participate or is violating event rules.
• Participant agrees to follow all posted and verbal safety rules and instructions.
AUTHORITY. As the parent or legal guardian of any Child Participant(s), the undersigned represents that he or she has legal capacity and authority to act for and on behalf of the Child Participant(s), and agrees to indemnify, defend, and hold harmless the Protected Parties from and against all claims or liabilities resulting from or relating to any insufficiency of such legal capacity or authority.
MISCELLANEOUS TERMS. This Agreement constitutes the entire agreement between the Protected Parties and Participant and supersedes all prior oral or written agreements. This Agreement may only be modified in writing. Participant agrees that this Agreement is intended to be as broad and inclusive as permitted by applicable law, and that if any portion is held invalid, the remainder shall continue in full force and effect. By signing below, Participant authorizes WNFC to communicate with Participant by email regarding event updates, news, advertisements, offers, and related information. Words used in any gender shall be construed to include all genders where applicable.
ACKNOWLEDGMENT & UNDERSTANDING. Participant represents that he or she thoroughly understands this is a complete and final release and indemnity agreement, is voluntarily entering into this Agreement, and has not relied on any representations, promises, or statements not expressly set forth herein. Participant acknowledges that he or she has read this Agreement in its entirety, fully understands its terms, understands that substantial rights are being waived, including the right to sue, and signs this Agreement freely and voluntarily.
PHOTO, VIDEO, AND MEDIA RELEASE. For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Adult Participant, on behalf of himself/herself and any Child Participant(s), irrevocably grants WNFC and its affiliates, partners, sponsors, licensees, successors, assigns, media partners, and representatives the right to photograph, record, film, livestream, reproduce, publish, display, distribute, edit, and otherwise use Participant’s name, image, likeness, voice, statements, appearance, and biographical information in any and all media now known or later developed, worldwide and in perpetuity, for advertising, promotional, commercial, editorial, archival, and other lawful purposes related to WNFC, WNFC Fan Fest, and related programming.
Participant waives any right to inspect or approve the final materials and releases WNFC and its assigns, licensees, and successors from any claims arising out of such use, including claims for defamation, invasion of privacy, rights of publicity, copyright, or moral rights. WNFC is not obligated to use any rights granted herein.
