Waiver and Release
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
WARNING: READ CAREFULLY. This agreement includes a release of Liability and Waiver of Liability and Legal Rights and deprives you of the right to sue General Mayhem Inc. and its/their respective parent, subsidiaries, related, associated and affiliated companies, divisions, retailers, directors, employees, agents, sponsors, partners, licensees, successors and assigns, their respective promotional and advertising agencies and administrators, and each of their respective shareholders, officers, directors, employees, independent contractors, agents, representatives, successors, licensees and assigns. Do not sign this agreement unless you have read it in its entirety. Seek the legal counsel if you are unsure of its effect.
IN CONSIDERATION of General Mayhem Inc. (“GM”) allowing me to participate in any and all GM Activities or events (such as a Pub Crawl, Winery Tour or other similar event, herein after called "Pub Crawl" or "Event"), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”):
- I hereby represent that (i) I am in good health and in proper physical condition to participate in the Activities (such as the Pub Crawl); and (ii) I am not now and will not at the time of the Pub Crawl , be under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activities. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities.
- I understand and acknowledge the physical and mental rigors associated with the Activities are inherently dangerous and can represent a test of a person’s physical and mental limits and condition. I understand that participation in the Activities involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles, or natural or manmade objects; dangers arising from adverse weather conditions; imperfect conditions existing on the property where the Activities take place; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the organizers of the Activities; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (the “Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Activities, or the acts, inactions, or negligence of the Released Parties. I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which I incur as a result of my participation in the Activities.
- I agree to be familiar with and to abide by all rules and regulations established for the Activities in which I participate. I also accept sole responsibility for my own conduct and actions while participating in these Activities and the condition and adequacy of any equipment that I might own and supply in conjunction with those Activities.
- I hereby release, waiver, and covenant not to sue, and further agree to indemnify, defend and hold harmless the Released Parties, together with the organizers, promoters, sponsors, advertisers, hosts, venues and property owners upon which the Activities take place, law enforcement agencies and other public entities providing support for the Activities, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers, with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense, including court costs and reasonable attorney’s fees of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Activities, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, make a claim for Liability against any of the Released Parties, I will indemnify, defend, and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such a claim.
- I understand and acknowledge that the Pub Crawl may involve the consumption of alcohol. I understand the potential risks associated with the consumption of alcohol and acknowledge that I don’t have or am not aware of any medical condition(s) that would prevent me from consuming alcohol or would result in any injury or damage to me or anyone else (including property) as a result of my consumption of alcohol. I understand and acknowledge that the Crawl involves transportation by various methods, including but not limited to a chartered bus. I understand the potential risks associated with these methods of transportation and acknowledges that I do not have or am not aware of any medical condition(s) that would prevent me from using these methods of transportation or result in any injury or damage to me as a result of using these methods of transportation.
- I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representation, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. NAME OF
DATE OF BIRTH:___/___/_____
SIGNATURE OF PARTICIPANT:_________________________________________________
- I have an upcoming event that I might be interested in having a Pub Crawl or Tour organized for – e.g. birthday, anniversary, Jack and Jill, etc. Please contact me to discuss!
Yes ____________ No ____________
- I would like to be contacted to attend future General Mayhem Pub Crawls and events and consent to receive electronic commercial messages from General Mayhem?
Yes ____________ No ____________
Email Address: _________________________________________
Cell Number: __________________________________________
I grant permission to General Mayhem Inc. (“GM”) to take photographs of me and to publish and use my photograph in any and all publications for any lawful purpose including, without limitation, publicity, illustration, advertising, and Web content.
I hereby authorize GM to edit, alter, copy, exhibit, publish or distribute any photographs taken by them, their agents, servants and/or employees. I waive the right to inspect or approve of the finished product, including written or electronic copies of my photograph or likeness. Additionally, I waive any right to royalties or other compensation arising out of or in any way related to the use of any photograph or other likeness of me or my image. I hereby hold harmless, release and forever discharge GM from any and all claims, demands, actions and causes of action which I, my heirs, personal representatives, assigns, or any other person or persons acting on my behalf have or may have arising out of or relating to this Photograph Release (the “Release”).
I hereby warrant that I have read this Release carefully, understand its terms and conditions, and acknowledge that I have signed this Release freely and voluntarily, without any inducement, assurance or guarantee and that I intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms of this Release.
DATE OF BIRTH: ___/____/____