RELEASE OF LIABILITY, VOLUNTARY
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
I, undersigned, a person being over the age of eighteen, hereby enter this RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (hereinafter, the “Release”) with St. Louis Guns ‘N Hoses Boxing Association (the “Company”), and its officers, directors, partners, members, employees, volunteers, consultants, agents, successors and assigns (collectively, the “Released Parties”), in connection with my attendance at and/or participation as a volunteer in fundraising events for the benefit of the Company, and all activities preceding and following such fundraising events (collectively, the “Events”).
I recognize that my attendance at and participation in the Events involves known and unknown RISKS of serious personal injury and damage to or loss of real or personal property. Such RISKS include, but are not limited to, serious illness or personal injury, including cardiac injuries and heart attacks, permanent disability, paralysis and death, as well as damage to or loss of real or personal property, all of which may be caused by my own actions or inactions or the acts or inactions of others participating in the Events, the conditions in which the Events take place, a public health emergency or pandemic, or the negligence of the Release Parties, whether passive or active; and that there may be other risks either not known to me or not readily foreseeable at this time. I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my attendance at and participation in the Events.
I know my capabilities and limitations and I will not attempt to exceed those capabilities in attending and participating in the Events.
THEREFORE, in consideration of my being permitted to attend and participate in the Events, I expressly and freely agree:
1. To ASSUME ALL RISK of serious personal injury, including death, and/or damage to or loss of real or personal property and to assume all responsibility for losses, costs and damages I may incur, where such risks or losses arise from or are in any way connected with my attendance at or participation in the Events.
2. To RELEASE, WAIVE and FOREVER DISCHARGE any and all claims, loss, liabilities, demands, damages, costs, expenses, lawsuits, causes of action and judgments that I now or hereafter may have or claim to have against the Released Parties resulting from, arising out of or in any way connected with my attendance at, preparation for or participation in the Events or any related event, including but not limited to, any claims or damages for personal injuries, including death, and/or damage to or loss of real or personal property, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT of the Released Parties, whether passive or active (excluding gross negligence or intentional torts) or any entity or person(s) performing any function with respect to the Events.
3. To INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties, from any and all claims, liabilities, loss, demands, damages, costs, expenses (including attorneys’ fees), lawsuits, causes of action and judgments for personal injuries, including death, and damage to or loss of real or personal property, whether foreseen or unforeseen, present or future, known or unknown, resulting from, arising out of or in any way connected with my attendance at, preparation for or participation in the Events, whether caused in whole or in part by the NEGLIGENCE AND/OR FAULT of the Released Parties, whether passive or active (excluding gross negligence or intentional torts) or any entity or person(s) performing any function with respect to the Events.
4. That I am in good health and there are no physical conditions that would or should prevent me from attending, preparing for or participating in the Events.
5. That I am not an employee of the Company, and I am therefore not entitled to any compensation from the Company. I also understand and agree that if I am injured while participating in the Events, no claim for worker’s compensation benefits shall be made to the Company.
6. That I hereby grant the Released Parties the irrevocable right and permission to photograph or otherwise record me in connection with the Events, and to use the photograph or recording (“Photograph”) for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect and approve the use of the Photograph, and acknowledge and agree that the rights granted by this Release are without compensation of any kind. I acknowledge and agree that I have no right, title or interest in the Photographs and agree that such Photographs and the copyright therein are the exclusive property of the Released Parties. I agree to release and discharge the Released Parties from any claims, actions, damages, demands, costs, expenses (including attorneys’ fees) or lawsuits of any kind (excluding gross negligence or intentional torts) by reason of the sale, distribution or use of such photographs or recordings.
7. That all of the information that I obtain regarding the Released Parties or any business of the Released Parties in the course of my participation in the Events shall be treated, maintained and held by me as confidential information, which I shall not use, disclose or disseminate without the Company’s prior written permission.
8. That this Release is intended to be as broad and inclusive as permitted by law, and that if any term or provision of this Release shall to any extent be held invalid or unenforceable, the remaining terms of the Release shall not be affected thereby, but shall be valid and enforceable to the fullest extent permitted by law. The invalid provision shall automatically be replaced by a substitute provision which is valid and as nearly as possible maintains the same economic purposes and intention of the valid provision. This Release shall be interpreted in accordance with the laws of the State of Missouri. I agree that any dispute regarding the enforceability of this Release shall be filed in the courts of the State of Missouri, and shall not be transferred to any other state.
9. That the terms and conditions contained in this Release shall be binding upon me and my family members, legal representatives, executors, heirs, next of kin, successors, beneficiaries, and assigns.
10. That I am eighteen years of age or older and have the authority to contract in my own name.