In consideration of O.B. Festival Events, LLC and its parent, The Orange Bowl Committee, Inc., all non-profit entities (collectively, the “OBC”) allowing me to participate in the Event, and understanding and acknowledging that the OBC is receiving no monies or other monetary benefit for providing support for the Event and is expressly relying on this Assumption of Risk, Liability Release, Waiver and Indemnity Agreement (the “Agreement”) in allowing Participant to participate in the Event, the undersigned and the parent(s), and/or guardian(s) of the undersigned, jointly and severally, and intending to legally bind themselves, and on behalf of their respective spouses, ex-spouses, grandparents, parents, guardians, heirs, beneficiaries, executors, estates, legal and personal representatives, administrators, successors and assigns (all of the foregoing, collectively “Releasors”), do hereby waive, release and discharge, and covenant not to sue, the OBC, David Posnack Jewish Community Center, any Event sponsors, officials, referees, and all of their respective officers, directors, trustees, shareholders, members, managers, partners, employees, staff, volunteers, agents, contractors and supervisors and their respective heirs, beneficiaries, executors, estates, legal and personal representatives, administrators, successors and assigns (all of the foregoing collectively, the “Releasees”) from any and all liability and/or claims for illness, injuries, disability, death and/or damages that may arise directly or indirectly as a result of Participant’s participation in the Event, including, without limitation, any rights, claims, causes of action, suits, liabilities, negligence, damages, personal or bodily injury, disability, death, property damage, loss of consortium, costs and expenses whatsoever, whether arising at law or in equity, and whether arising before, during or after the Event, and whether caused, in whole or in part, by the sole or joint negligence or tortious act or omission of the Releasees or any of them or any third party (collectively, the “Claims”). The Releasors hereby agree, jointly and severally, to indemnify and hold the Releasees harmless from and against all such Claims, including, without limitation, attorneys’ fees. The Releasors acknowledge that the terms of this Agreement are contractual and not a mere recital. The Releasors hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule or common law which may limit the scope of the covenants and releases contained herein. The Releasors, and each of them, hereby agree that they will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding of any kind whatsoever, by way of action, defense, set-off, cross-complaint, counterclaim or third party action, against the Releasees, or any of them, based on, relating to, or arising out of, or in connection with any Claims.
1. ASSUMPTION OF RISK; ACKNOWLEDGEMENT OF HAZARDOUS NATURE OF ACTIVITIES. The Releasors are aware of, and understand fully, the inherent risks involved in connection with football (meaning those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner). The Releasors also fully understand that football is a violent sport and that serious injury, concussions and death have occurred, and each of them assume full, sole and complete responsibility for, and risks of, death, personal or bodily injury, disability and/or property damage resulting from, in connection with, or in any way related to, Participant’s participation in the Event. The Releasors further acknowledge that other participants, referees, officials, bystanders, members of the public and others may act irresponsibly, engage in unsafe conduct or to the detriment of the health and wellbeing of the Participant; that Releasees are not the owners, operators or managers of the facilities or sites where the Event takes place and that there may be latent or patent defects in or around such facilities or sites over which the Releasors have no control and shall have no responsibility for the conditions of the facilities or sites; that any of the foregoing could result in death, personal or bodily injury and/or disability to the Participant and/or property damage and the other risks and hazards described herein and, in each instance, the Releasors and each of them voluntarily and knowingly assume such risks and waive, release and discharge, and covenant not to sue, the Releasees or any of them with respect to any Claims with respect thereto.
NOTICE TO THE MINOR CHILD’S
PARENTS/NATURAL GUARDIANS:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASORS USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
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2. REPRESENTATIONS; MEDICAL AID. By their execution below, understanding that the Releasees are relying hereon in allowing Participant to participate in the Event, the Releasors hereby represent and warrant to the Releasees, that (i) if Participant is under 18 years of age, all of Participant’s living parents and/or legal guardian(s), as applicable, have duly signed this Agreement, and (ii) Participant is in excellent health and has no medical condition (physical or mental) which would or could impact on the Releasees allowing Participant to participate in the Event and that the Participant is physically able to participate in the Event, and (iii) the Participant is not taking any herbal or medicinal supplement or prescription that could impact on Participant’s participation in the Event. The Releasors further understand that there are limited or no medical facilities at the venue at which the Event is taking place and that obtaining appropriate medical care will be delayed. In the event the Participant exhibits signs of distress or calls for aid, if checked below, the Releasees are authorized and directed to give assistance, and the Releasors shall not hold the Releasees Parties responsible for their actions or inactions in performing a rescue or first aid. The Releasors further acknowledge agree that Releasors are solely responsible for any and all medical expenses resulting from my illness or injury in connection with or arising out of the Event.
3. NAME AND LIKENESS RELEASE. The Releasors HEREBY authorize the Releasees to take videotapes and photographs of Participant and to record Participant’s voice, conversations and other sounds during and in connection with the Event. The Releasors acknowledge and agree that the Releasees shall own exclusively all copyright and other rights in and to such tapes, photography, and recordings and may use them forever and throughout the world in any manner without compensation to the Releasors. The Releasors authorize the Releasees to use my name, voice, likeness, and any biographical facts provided to the Releasees in advertising and promoting the Event without further compensation.
EACH OF THE RELEASORS ATTESTS THAT THEY HAVE READ THIS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS CONTENTS, HAVE PROVIDED TRUE AND COMPLETE INFORMATION AND HAVE SIGNED BELOW OF MY OWN FREE WILL.
PLEASE CHECK BELOW IF THE UNDERSIGNED AUTHORIZES EMERGENCY MEDICAL TREATMENT TO BE USED ON PARTICIPANT AND AGREES TO PAY ANY AND ALL MEDICAL AND RELATED BILLS AND COSTS INCURRED AS A RESULT OF SAID TREATMENT, PROVIDED, THAT, IT IS ACKNOWLEDGED THAT NO MEDICAL TREATMENT MAY BE AVAILABLE. I Agree
IN WITNESS WHEREOF, the undersigned, intending to be legally bound, have executed this Agreement by signing on the lines provided below and printing their names as of this ____ day of March, 2025.