Waiver of Liability
In consideration of my participation in the Muscular
Dystrophy Association, Inc. (“MDA”) Event, I), on behalf of myself, my family
members, heirs, personal representatives, and assigns (the “Releasing
Parties”), do hereby release, waive, and discharge MDA, its directors, officers,
employees, volunteers, chapters, licensees, cooperating entities, agencies,
representatives, heirs, executors, administrators, successors and assigns (the
“Protected Parties”) from liability arising from any and all claims, in whole
or in part, resulting from participation in the Event or from the negligence of
the Protected Parties to the greatest extent allowed by law.
Assumption of Risk
I know and understand the nature of the Event and its
inherent risks. I understand the demands of the activities involved
relative to my physical condition, and I appreciate the types of injuries that
may occur as a result of the Event and their potential impact on my well-being
and lifestyle. I hereby assert that my participation is voluntary and that I
knowingly assume all such risks.
Communicable Disease and Public Health
I agree to comply with any and all health and safety
protocols implemented by MDA appropriate to communicable disease and other public
health circumstances existing at the time of the Event. Those protocols may
include vaccination, proof of immunization status, self-monitoring, use of
personal protective equipment, social distancing, or other measures. I agree to
follow any additional guidelines provided by the Event facility. Failure to
comply may result in denial to the session or immediate dismissal from the
session.
Indemnification
I agree to hold harmless, defend and indemnify the Protected
Parties from any and all claims of the Releasing Parties arising from injury or
loss due to my participation in the Event, including those arising from the
inherent risks of the Event or the negligence of the Protected Parties to the
greatest extent allowed by law.
Grant of Permission and Release and Waiver of
Rights
I understand that MDA may photograph or make audio, video or
audiovisual recordings of the Event. In consideration of my participation in
the Event, I hereby give MDA, its assigns, licensees, and legal representatives
the irrevocable right to videotape, film, photograph, record or otherwise
capture my) likeness and voice (the “Participant Likeness”) and to use,
broadcast, transmit, duplicate, transcribe and/or rerecord any and/or all of
the foregoing in all forms and media (including, without limitation, in digital
form or in or through any other form or means now known or hereinafter
developed) for any and all purposes, in perpetuity, throughout the world, and
to use my name and biographical information in connection therewith. Use
of the Participant’s Likeness may include, but not be limited to, photographs,
sound and video recordings, films, broadcasts, brochures, publications,
reports, web pages, social media posts, promotional materials or any other
audio-visual, electronic, printed or tangible work in any media or format (the
“Materials”). I acknowledge that I shall not have any ownership in or use
of the Materials or any right of review or approval regarding the use of the
Participant’s Likeness in the Materials and I waive any right to inspect or
approve the finished version(s) of the Materials, including written copy that
may be created in connection therewith.
Except for the consideration recited above, I understand
that I will not be compensated in connection with the Materials, but that MDA
will be relying on this Grant of Permission and Release and Waiver of Rights
(the “Release”) in determining to use the Materials. Accordingly, the Releasing
Parties hereby release and hold harmless the Protected Parties from any and all
claims, demands, or causes of action arising out of the creation or use of the
Participant’s Likeness and Materials.
Personal Data
I understand and agree that my personal data may be
collected as a result of my registration and participation in the Event and
will be used in accordance with MDA’s Privacy Policy.
Acknowledgment of Understanding; Severability;
Jurisdiction
I have read this Waiver, Indemnification and Grant of
Permission Agreement and fully understand its terms. I further acknowledge that
I am signing this Agreement freely and voluntarily and intend my signature to
be a complete and unconditional release of all liability. If any portion of
this Agreement is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect.
This Agreement shall be governed by the laws of the State of
New York.