Boston Australian Rules Football Club Waiver and Release of Liability & Assumption of Risk and License
In consideration of me being allowed to participate in any Boston Australian Rules Football Club (BARFC) sponsored Activities ("BARFC Activities"), I agree:
1. I understand the nature of BARFC Activities and acknowledge my experience and capabilities and believe I am qualified to participate in such BARFC Activities. I further acknowledge that I am aware that BARFC Activities will be conducted in facilities open to the public during these BARFC Activities. I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the BARFC Activity.
2. I FULLY UNDERSTAND that: (a) BARFC Activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH ("Risks"); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the BARFC Activities, the condition in which the BARFC Activities take place or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my participation in BARFC Activities.
3. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS the BARFC and its Member clubs, their respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which BARFC Activities take place (each considered one of the "Releasees" herein) from all liability, claims, demands, losses, or damages on account caused or alleged to be caused in whole or in part by the negligence of the "Releasees" or otherwise, including negligent rescue operations and further agree that if, despite this release, I, or anyone on my behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COST ANY MAY INCUR AS A RESULT OF ANY SUCH CLAIM.
4. I HEREBY GRANT to the BARFC a non-exclusive, transferable, world-wide license to use my name, likeness, persona or identifying characteristics in connection with the broadcasting of BARFC Activities and in connection with advertising, publicizing, exhibiting and exploiting BARFC Activities in whole or in part, by any and all means, media, devices, processes and technology now or hereafter known or devised in perpetuity throughout the universe. I hereby acknowledge that the BARFC shall have no obligation to use my name, likeness, persona or identifying characteristics. Further, I hereby release the BARFC, its assignees and licensees from any and all claims and demands arising out of or in connection with such use, including, without limitation any and all claims for invasion of privacy, infringement of my right to publicity, defamation (including libel and slander), false light and any other personal and/or property rights.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.