For and in consideration of being permitted to participate in this Film and any activities therein including without limitation any hazardous or ultra-hazardous activities (collectively the “Activity) for each undersigned possible inclusion and appearance in the Film and other good and valuable consideration, the sufficiency of which is hereby acknowledged, each undersigneds hereby agrees as follows:
Waiver and Release
(A) Each undersigned, individually on behalf of their selves, their respective spouses, executors, representatives, heirs, successors, and assigns (collectively the “Releasing Parties”) HEREBY WAIVE, RELEASE, AND DISCHARGE COMPANY, its owners, directors, officers, employees, volunteers, representatives, licensees, and agents, the Activity holders, Activity sponsors, and Activity volunteers (the “Releases Parties”), from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons releases, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me as a result of my participation in the Activity, including each undersigneds traveling to and from this Activity;
(B) The Releasing Parties HEREBY INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from any and all liabilities or claims made as a result of participation in this Activity, whether caused by the negligence or fault of Released Parties or otherwise, including the costs of attorney and court fees.
(C) The Releasing Parties hereby expressly waive, to the fullest extent permissible, any and all rights and benefits conferred upon the Releasing Parties by the provisions of any state or federal statute or common law principle which provides, in whole or in part, that a general release does not extend to claims which the releasor(s) (i.e., the Releasing Parties) do not know or suspect to exist in any of the Releasing Parties’ favor at the time of executing this release which, if known by me or such other Releasing Parties, must or may have materially affected my and the Releasing Parties’ willingness to make the subject release. The Releasing Parties acknowledge that the Releasing Parties my later discover facts or law different from or in addition to those that the Releasing Parties or their attorneys now know or believe to be true with respect to the claims released herein, and it is the intention of the Releasing Parties to fully, finally and forever release any and all such claims.
Acknowledgments of Participant
Each undersigned HEREBY ASSUMES ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without regard to fault.
Each undersigned further acknowledges that the Activity may includesome illegal or prohibited activities under local, city, municipal, county, state, national, federal or any other applicable jurisdiction’s laws, rules and/or regulations, where the Activity is being held or undertaken, and each undersigned hereby assumes all of the risks of participating and/or volunteering in such Activity, including the responsibility for any criminal or civil punishment or fines that may be incurred by the undersigneds due to undersigneds’ participation in such activity or event.
Each undersigned certifies that each undersigned is physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. Each undersigned certifies that there are no healthrelated reasons or problems which preclude each respective undersigned’s participation in this activity or event.
Each undersigned acknowledges that this Waiver and Release of Liability and Release of Image for Use will be used by the event holders, sponsors, and organizers of the Activity in which the undersigneds may participate, and that it will govern the undersigneds actions and responsibilities at said Activity.
Each undersigned acknowledges that the Released Parties are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific Activity on behalf of COMPANY.
Each undersigneds acknowledges that this Activity may be INHERENTLY DANGEROUS, may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of hydration. These risks are not only inherent to participants, but are also present for volunteers.
Each undersigned acknowledge that any undersigned may voluntarily withdraw from Participation in the Activity at any time in sole discretion of an undersigned.
Each undersigned hereby authorizes the Released Parties to seek qualified medical assistance to care for the respective undersigned and in the event of event of injury or other medical condition requiring treatment, to administer emergency care and to arrange for any consultation by a specialist, including a surgeon, it deems necessary to insure proper care of any injury or other medical condition during this Activity.
Release of Image for Use
Each undersigned understands that at this Activity, the undersigneds may be photographed or filmed. Each undersigned hereby grants permission to COMPANY to photograph and to record the undersigneds voice, likeness, performances, poses, acts, plays and appearances, and use my picture, photograph, silhouette and other reproductions of the undersigneds physical likeness and sound as part of the Activity and Film and the unlimited distribution, advertising, promotion, exhibition and exploitation of the Film by any method or device now known or hereafter devised in which the same may be used, and/or incorporated and/or exhibited and/or exploited, without compensation to the undersigneds except as otherwise may have been agreed to in a signed writing between an undersigned and the Company.
Each undersigned affirms that neither the undersigneds, nor anyone acting for the undersigneds, gave or agreed to give anything of value to any of your employees or any representative of any television station, network or production entity for arranging the undersigneds appearance on the Film.
Each undersigned agrees that each undersigned will not assert or maintain against the Released Parties, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with your authorized use of the undersigneds physical likeness and sound in the Picture as herein provided. Each undersigned hereby releases the Released Parties from and against any and all claims, liabilities, demands, actions, causes of action(s), costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which the undersigneds ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of your use as herein provided.
Each undersigned agrees to allow the undersigneds photo, video, or film likeness to be used for any legitimate purpose by COMPANY, the event holders, producers, sponsors, organizers, and assigns.
This Waiver and Release of Liability and Release of Image for Use shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law, and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
This Waiver and Release of Liability and Release of Image for Use is governed by the laws of the State of Utah and the United States of America, as applicable, in all respects, and the Parties here to consent to exclusive jurisdiction and venue in the courts of Salt Lake County, State of Utah.