RECREATIONAL ACTIVITY RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND PHOTO RELEASE
Please read the following and be sure you understand the implications of signing.
In consideration of and as a condition precedent of being allowed to participate in any way in the recreational activity contemplated by this Recreational Activity Release of Liability, Waiver of Claims, Express Assumption of Risk, Indemnity Agreement, and Photo Release (“Agreement”), I, the Participant, do hereby acknowledge that I am fully informed of the hazards and risks associated with this recreational activity including, without limitation, the rental of equipment and transportation associated herewith in which I am about to engage.
Inherent hazards and risks may include, but are not limited to, the following:
- Risk of injury from the activity and/or equipment utilized is significant and includes the potential for permanent disability, disfigurement, or death.
Possible equipment failure and/or malfunction of my own or others’, including Cannonball Productions’ or third parties’ equipment.
- If this activity or portions of it take place outdoors, it may include risks associated with exposure to elements including, without limitation, excessive heat, hypothermia, impact of the body upon the ground, traversing over uneven ground, encountering objects either natural or manmade, exposure to animals with the attendant risk of kicking, biting, shying away, running off, or otherwise moving in an unanticipated manner causing injury and/or death.
- My own negligence and/or the negligence of others, including, without limitation, operator error and Cannonball Productions staff decision-making including, without limitation, misjudging terrain, rapids, weather, trails, or route location.
- Accidents or illness occurring in remote places where there are no immediately available medical facilities or personnel.
- Fatigue, alcohol consumption, illness, and/or dizziness, which may diminish my reaction time and increase the risk of accident.
I understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, disfigurement, illness, or death.
In consideration of and as a condition precedent to being allowed to participate in any way in the recreational activity contemplated by this waiver, I hereby understand, agree, acknowledge, and appreciate the following:
- I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISFIGUREMENT, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities (herein referred to as “releases”): CANNONBALL PRODUCTIONS, LLC, a New York corporation doing business as CANNONBALL ADVENTURES, and its subsidiary affiliates (collectively, “Company”).
- To release the releasees their officers, directors, employees, contractors, representatives, agents, vessels, and its parent and subsidiary affiliates from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, descendants, survivors, executors, or assigns may have for personal injury, disfigurement, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence or the releases or otherwise. By executing this document, I agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, disfigurement, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
- I willingly agree to comply with the terms and conditions for participation. If I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest representative immediately.
- I hereby give Company, its officers, directors, employees, contractors, vendors, affiliates, and agents, and its assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use and make photographs (still, film, digital, video, or otherwise), to use and record with a video or audio recording device, my name (or any fictional name), picture, portrait, photograph and/or likeness in all forms and in all media and in all manners (“Likeness”), without any restriction as to changes or alterations (including but not limited to blurring, distortion, alteration, optical illusion or use in composite form, or derivative works of my Likeness made in any medium, whether intentional or otherwise) in connection with the activity through the Company’s business, products, and/or services, including, without limitation to, for advertising, merchandising, for publication or any lawful purpose.
- I hereby waive any right to inspect, modify, or approve any intermediary version(s) or finished version(s) of the results of the use of my Likeness. I waive any right to compensation for my Likeness.
By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.
This Agreement shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS. I FURTHER UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I REPRESENT THAT I AM OVER 18 YEARS OLD AND LEGALLY COMPETENT TO EXECUTE THIS AGREEMENT, WHICH SHALL BE A BINDING COMMITMENT. SELECT THE BOX AND TYPE YOUR FULL NAME BELOW TO AGREE TO ALL TERMS.
I, , agree to all terms presented above.
What event is this waiver for?