COMPLETE WAIVER, PHOTOGRAPHY RELEASE, RELEASE
OF LIABILITY, ASSUMPTION OF RISK, AGREEMENT
NOT TO SUE AND INDEMNITY AGREEMENT
THIS COMPLETE WAIVER, PHOTOGRAPHY RELEASE, RELEASE OF LIABILITY AND ASSUMPTION OF RISK (“AGREEMENT”) MUST BE READ AND ACKNOWLEDGED BY EVERY PARTICIPANT DISCLAIMER:
In consideration of my acceptance into and my participation in BADASS LADY GANG (“BALG”) running, workouts and/or exercising events (the “Events”), the undersigned individual, as well as his/her heirs, assigns and legal representatives hereby expressly agrees as follows:
1. POTENTIAL DANGERS AND PHYSICAL REPRESENTATIONS. BALG helps to organize the Events. There are physical risks inherent in the Events which includes running on public streets and on facilities maintained by public and private third parties. There are physical risks inherent in running due to interaction with other BALG participants, the public and vehicles. BALG assumes no responsibility for any such risks inherent in the Events, activities undertaken hereunder or safety of myself. I acknowledge that physical exercise can be dangerous and involve risk of serious injury, paralysis and/or death. I understand that the reaction of the heart, lung and blood vessel system to exercise cannot always be predicted with accuracy. I know and understand there is a risk of certain abnormal changes which may occur during or following exercise, including, but not limited to, abnormalities of blood pressure and heart attacks. Performance of exercises may lead to muscle skeletal strains, pain and/or injury, if adequate warm-up, gradual progression and safety procedures are not followed. I understand, warrant, and agree that I am in good physical condition and that I have no disabilities, impairments or ailments that would prevent me from engaging in active or passive exercise that could be detrimental or inimical to heart, safety and/or comfort or physical condition while I engage or participate in BALG Events. I have had a recent physical check-up and have a medical physician’s permission to engage in aerobic and/or anaerobic activities.
2. ASSUMPTION OF RISK. I expressly assume responsibility for any and all risks, whether identified herein or not, involved with or arising from my participation in BALG Events, including without limitation, the risk of death, bodily injury or property damage, the unavailability of emergency medical care or the negligent or deliberate actions of others.
My participation in BALG Events is purely voluntary.
3. RELEASE OF BALG/AGREEMENT NOT TO SUE. I hereby release, discharge and hold harmless BALG, its founders and location leaders, along with all of their legal successors, assigns, officers, directors, agents, principals and employees, attorneys, servants, stockholders, directors, joint venturers, subsidiaries, divisions, affiliates, partners (including both general and limited), insurance carriers, and independent contractors for any and all present and future claims, and agree not to sue them on account of or in connection with any claims, causes of action, injuries, damages, liability sustained by me, costs or expenses, arising out of my participation in BALG Events, including, without limitation, those based on death, bodily injury, or property damages, whether or not caused by the inherent risk during BALG Events, or negligence or other fault of BALG, or any other liability without fault. I understand that BALG shall not be liable for any damages arising from personal injuries sustained by me, or caused by me, while participating in and during participation of the BALG Events. BALG, its founders, and location leaders are NOT responsible for any injury, including death, to any person participating in BALG Events.
4. INDEMNIFY AND DEFEND BALG. I agree to indemnify, defend and hold harmless BALG from any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees, which in any way arise out of, or relate to, my participation in BALG Events.
5. PHOTOGRAPHY RELEASE. I acknowledge that during BALG Events I may be photographed or filmed by BALG leaders, trainers, and other professional or amateur photographers. I hereby grant to BALG, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, material in any media, advertising, or any other lawful purpose taken during BALG Events (“Material”). I hereby relinquish any rights to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that BALG has taken of me or my liking, or the use to which it may be applied. I waive any ownership and publication right in connection with the Material,with the exception of the personal use of the Material as part of personal modeling portfolio. I waive my right to sell, license or publish any of the Material to any person or entity. I further release BALG, and its founders, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of the Material including images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity. I waive any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by me, or any of the property belonging to me, while performing the photography session, or while in, on or upon the premises where the photography session was performed.
I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT BY MAKING THIS AGREEMENT I SURRENDER VALUABLE RIGHTS. I DO SO FREELY AND VOLUNTARILY. I FURTHER CERTIFY: THAT I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; THAT I UNDERSTAND THE TERMS HEREIN ARE CONTRACTUAL AND NOT A MERE RECITAL; THAT I HAVE AGREED THIS AGREEMENT AS MY OWN FREE ACT; AND, IF I HAVE ANY DOUBTS CONCERNING THE CONTENTS OF THIS AGREEMENT, THAT I WILL CONSULT WITH AN ATTORNEY BEFORE SIGNING IT.