WAIVER AND RELEASE OF LIABILITY
THIS WAIVER AND RELEASE OF LIABILITY (the “Release”) is executed by the undersigned Participant or Parent/Legal Guardian of Participant, if Participant is under the age of 18, (“Participant” or “I”) in favor of SPECIAL SPACES, INC., a Tennessee non-profit corporation, its successors and assigns (“Special Spaces”). Participant desires to participate in the Beds, Brews, & Boos Special Spaces Bed Race (“Event’), which consist of five person teams constructing a bed on wheels that they will race at the Event against other teams over 1/8th mile competing for the best time, as well as any other related activities associated with the Event (“Participant Activities”). In consideration of Participant being allowed to participate in such Participant Activities, Participant, with full knowledge of his or her rights, freely, voluntarily and without duress executes this Release and agrees to the following terms:
1. ASSUMPTION OF RISK. Participant understands and acknowledges that participating in the Participant Activities may be dangerous and expose Participant to a variety of foreseen and unforeseen hazards and risks, and that Participant may suffer bodily injury, personal injury, illness or death, including such that may be sustained by me related to COVID-19 whether caused by the negligence of the Special Spaces Parties (defined hereinafter), any third-party, or otherwise, while participating in any Participant Activities. Special Spaces makes no representation as to the likelihood of such hazards or risks. Participant hereby expressly and specifically assumes all risk of injury or harm attributable to Participant’s participation in the Participant Activities, whether resulting from the actions or inaction on the part of Participant, Special Spaces, other participants in the Participant Activities, or any other affiliated or related party including, but not limited to, Special Spaces present and former directors, officers, employees, sponsors, representatives, volunteers, agents, subcontractors, affiliates, successors, assigns and all persons acting by, though, under or on its behalf (collectively “Special Spaces Parties”).
2. WAIVER; RELEASE; INDEMNIFICATION. Participant hereby releases, waives, holds harmless and forever discharges Special Spaces Parties from any and all liability, claims, demands, causes of action or obligations of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from any actions or inactions of Special Spaces Parties, other Participants, or any other persons in connection with the Participant Activities and/or on account of any first aid, treatment or service rendered in connection with Participant’s participation in the Participant Activities and Participant agrees never to commence, prosecute, assist in any way, or cause to be commenced or prosecuted any action at law, suit in equity, or any other proceeding that Participant has, had or claims to have against the Special Spaces Parties in connection with or relating directly or indirectly to Participant’s participation in the Participant Activities.
PARTICIPANT UNDERSTANDS THE CONSEQUENCES OF THIS WAIVER AND IT IS THE INTENTION OF PARTICIPANT BY THIS RELEASE AND WAIVER TO EXEMPT AND RELIEVE THE SPECIAL SPACES PARTIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, ILLNESS, WRONGFUL DEATH OR OTHER LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPANT’S PARTICIPATION IN THE PARTICIPANT ACTIVITIES.
To the fullest extent permitted by law, the undersigned hereby agrees to defend, indemnify and hold the Special Spaces Parties harmless from and against any and all liabilities described in the paragraphs above, and any and all other liabilities, claims, damages, losses for property damage, bodily injury, personal injury, illness, and death (including any loss, damage or injury, including death, that may be sustained by me related to COVID-19), and expenses (including but not limited to attorneys’ fees) arising from or related to the Participant Activities. The indemnification and hold harmless agreement herein is intended to cover, but not be limited to, any claims asserted by the Participant, or his/her spouse, children, personal representatives, heirs, assignees, or beneficiaries.
3. INSURANCE. Participant understands Special Spaces Parties do not assume any responsibility for or obligation to provide financial assistance, including without limitation medical, health, disability or liability insurance. Participant understands that Special Spaces Parties do not carry or maintain any health, medical, disability or liability insurance coverage for any Participant.
4. PUBLICITY RELEASE. PARTICIPANT HEREBY GRANTS SPECIAL SPACES PARTIES THE NON- EXCLUSIVE, ROYALTY-FREE AND UNRESTRICTED RIGHT TO USE PARTICIPANT’S NAME AND ANY AND ALL PHOTOGRAPHS, IMAGES, VIDEO, OR AUDIO RECORDINGS OF PARTICIPANT’S, INCLUDING LIKENESS OR VOICE, IN CONNECTION WITH THE PUBLICITY AND PROMOTION OF THE PARTICIPANT ACTIVITIES, OTHER USES RELATED TO THE WORK AND PURPOSES OF SPECIAL SPACES, AND FOR ANY OTHER LEGAL PURPOSE.
5. MISCELLANEOUS. This Release shall be governed, construed and enforced in accordance with the laws of the State of Tennessee. Participant further agrees that the jurisdiction and venue for any dispute or controversy arising out of or relating to this Release shall in all respects shall be resolved by the state courts situated in Knox County, Tennessee.
Further, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee. If any provision is determined by a court to be too broad, the provision shall be reduced or limited but shall remain valid to the maximum extent permitted by law.
Inapplicability or unenforceability for any reason of any provision of this Release shall neither limit nor impair the operation or validity of any other provision of this Release. If any provision is to be modified, the provision shall be modified solely to the extent required by applicable law.
All sections and descriptive headings of paragraphs in this Release are inserted for convenience only, and shall not affect the construction or interpretation hereof.
As used herein, the singular shall include the plural, the plural shall include the singular and the use of any gender shall be applicable to all genders.
I understand and confirm that by signing this Release I have given up considerable legal rights. I have signed this Release freely and voluntarily, and under no duress of any kind. I have carefully read the foregoing and know and understand its contents and I have signed the same as my own free act. My signature is proof of my intention to execute a complete and unconditional Release of any and all liability to the full extent of the law. I am 18 year of age or older and mentally competent to execute this Release.
If Participant is Under the Age of 18
I am the parent or legal guardian of Participant and have the legal authority to sign on behalf of Participant. I am 18 years of age or older and mentally competent to execute this Release. I have read this form and understand that by signing this form, I am giving up legal rights and remedies.
