PARTICIPANT RELEASE AND WAIVER OF LIABILITY FORM
PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS!
In consideration of the spiritual, religious, educational, and other benefits to be derived from participation in the FIND ESBFP event, this Release and Waiver of Liability (the “Release”) executed on the date Participant registers for ESBFP and acknowledged by Participant when Participant submits Participants registration for ESBFP, whether handwritten, typed, or digital, to this document (“Participant”), is given in favor of FIND, Inc., a nonprofit corporation organized and existing under the laws of the State of Texas, along with its directors, officers, employees, members, managers, agents, affiliates, representatives, and volunteers (hereinafter collectively referred to as “FIND”).
Definitions:
"Activities" include all activities at ESBFP may include involvement with work that may be hazardous to Participant, including but not limited to lifting boxes, working with box cutters, training, classes, instruction, traveling to, from and within the premises upon which the ESBFP occurs, and all other activities associated with the ESBFP.
"Risks" shall include, without limitation, vehicular traffic, road and trail conditions, health and environmental conditions (including without limitation disease, virus, COVID-19, pandemics, infectious disease, infection, and wild, domestic, or farm animals), weather, equipment failure, driver error, rider error, Participant error, food provided, facilities, actions of other people, and the actions, negligence, and carelessness of FIND.
Waiver and Release of Liability: Participant, for myself and for Participant's child/children, heirs, administrators, assigns, executors, legal representatives, beneficiaries and agents, and all persons claiming by, through, or under Participant, hereby waives, releases and agrees to forever indemnify and hold harmless FIND for any and all claims, causes of action, losses, or liabilities of any nature that may arise as a result from participation in ESBFP and Activities. This includes, but is not limited to, any and all claims for arising out of, related to, or in any way associated with ESBFP, Activities, Risks, property damage, illness, bodily injury, personal injury, and/or death, even if such damage, illness, injury or death is caused by FIND or any other person or entity involved with, related to, or otherwise associated with FIND or ESBFP. Further, I acknowledge and understand FIND assumes no responsibility and has no obligation, to provide financial or other assistance including, but not limited to medical, health, or disability insurance in the event of property damage, illness, bodily injury, personal injury, or death.
Assumption of Risk: Participant acknowledges that by attending, participating in, or being present at ESBFP, said participation and Activities may be hazardous to Participant. Participant understands those Activities and further acknowledges and understands that some situations may involve, and likely will involve, inherently dangerous activities, regardless of whether the activity is specifically defined above. Participant, individually and on behalf of Participant's child/children, heirs, administrators, assigns, executors, legal representatives, beneficiaries and agents, and all persons claiming by, through, or under Participant, assumes any and all risks of injury or harm, including death, and release and hold harmless FIND from all liability for property damage, illness, bodily injury, personal injury, and/or death resulting from the activities engaged in while attending ESBFP.
Covenant Not to Sue: Participant, individually and on behalf of Participant's child/children, heirs, administrators, assigns, executors, legal representatives, beneficiaries and agents, and all persons claiming by, through, or under Participant, specifically agrees that Participant will not initiate any claim, lawsuit, court action or other legal proceeding or demand against FIND, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses or damages sustained by me, other parties or my (or others') property in connection with Participants attendance and participation in ESBFP and Activities, and Participant waives any right Participant may have to do so. This means that Participant, Participant's child/children, heirs, administrators, assigns, executors, legal representatives, beneficiaries and agents, and all persons claiming by, through, or under Participant, cannot sue to hold FIND responsible for any injury (including death), loss or damage sustained by Participant, other parties or Participant's (or others') property in connection with ESBFP and Activities, even if it is due to the negligence, injudicious act, omission or another fault of FIND. Participant further waives Participant's insurers' right to make a claim against FIND based on payments by insurers to Participant or on Participant behalf for any reason. This means Participant's insurers have no rights of subrogation against FIND.
Insurance: Participant acknowledges that FIND does not maintain, carry or provide property, health, medical or disability insurance coverage for Participant, and further acknowledges that FIND expressly disclaims responsibility for providing property, health, medical, or disability insurance coverage for participation in ESBFP, Activities, and other events associated with, surrounding, arising out of, or otherwise related to the Activities.
Insurance Requirements: FIND EXPECTS AND ENCOURAGES PARTICIPANT TO CARRY BOTH LIABILITY AND MEDICAL/HEALTH INSURANCE PRIOR TO PARTICIPATION IN ESBFP, ACTIVITIES, AND OTHER EVENTS ASSOCIATED WITH, SURROUNDING, ARISING OUT OF, OR OTHERWISE RELATED TO THE ACTIVITIES AND ESBFP.
Medical Treatment: Should Participant require any medical treatment, medical services, or first-aid treatment while participating in ESBFP, Activities, and other events associated with, surrounding, arising out of, or otherwise related to the Activities and ESBFP, Participant, individually and on behalf of Participant's child/children, heirs, administrators, assigns, executors, legal representatives, beneficiaries and agents and all persons claiming by, through, or under Participant, agrees to forever release, discharge and indemnify FIND from any claim whatsoever which arises as a result of said medical or first-aid treatment. Participant further agrees to provide any and all medical history if emergency medical treatment is required.
Photographic Release: Participant grants and conveys unto FIND all right, title, and interest in any and all photographic images and video or audio recordings made by FIND while attending ESBFP. FIND will have the right to freely reproduce, publish and/or circulate any photographic images and video or audio recordings in their sole discretion. Participant acknowledges that Participant will not be entitled to any compensation, including, but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings.
Current Health: Participant acknowledges that they have no known physical or mental conditions that would impair their capability to fully participate as intended or expected by FIND. Participant shall disclose any medical or psychological conditions to FIND prior to attending ESBFP and participating in the Activities. FIND retains the right to disqualify any Participant at any time if they deem the Participant mentally or physically incapable of participating, continuing, or completing any Activities.
General Health & Wellness: Participant acknowledges and agrees to abide by guidance and directives provided by State, National & Federal departments/agencies, and Centers for Disease Control (CDC), pertaining to maintaining the health and safety of all during natural disasters, unexpected crises, and national pandemics.
PARTICIPANT HAS READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS SET FORTH ABOVE), FULLY UNDERSTANDS ALL THE TERMS, UNDERSTANDS THAT PARTICIPANT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAS SIGNED THIS RELEASE AND WAIVER FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE OF ANY NATURE BEING MADE TO PARTICIPANT.
PARTICIPANT HEREBY WARRANTS THE TRUTH OF THE ABOVE STATEMENTS AND PARTICIPANT DECLARES THAT PARTICIPANT HAS NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF FIND IN ALLOWING PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES AND ESBFP.
