RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND HOLD HARMLESS AGREEMENT
This Release of Liability, Assumption of Risk and hold Harmless Agreement (the “Agreement”) is executed on the below date by the undersigned, in favor of United Way of Payne County, Inc., an Oklahoma not-for-profit corporation (“UWPC”), its agencies. The undersigned hereby acknowledges that he/she has volunteered to participate in 34 @ 34 conducted by UWPC and its agencies and those entities associated with the 34 @ 34, including without limitation travel to and from the event, any travel which in any way relates to the 34 @ 34, and rescue activities. The undersigned is AWARE AND UNDERSTANDS THAT DURING SUCH PARTICIPATION IN 34 @ 34 HE/SHE MAY BE EXPOSED TO RISKS AND DANGERS INCLUDING BUT NOT LIMITED TO SERIOUS BODILY INJURY OR DEATH AND IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH. As consideration for being permitted by UWPC and its agencies to participate in 34 @ 34, and as a condition precedent of the right to participate in 34 @ 34, and undersigned personally assumes all risks and damages incident to or in any way related to the event, including any and all risks or dangers caused by the negligence of UWPC, its agencies, agents, or employees. The undersigned also waives, releases and forever discharges UWPC, its agencies, agents or employees from any and all liabilities, losses, damages and costs of any nature, projects including those caused by the negligence of UWPC, its agencies, agents or employees. The undersigned further agrees not to file suit against UWPC, its agencies, agents or employees. The undersigned also agrees to indemnify and hold UWPC, its agencies, agents and employees harmless from any and all liabilities, losses, damages, costs of any nature, including those caused by the negligence of UWPC, its agencies, agents or employees. This Agreement shall be binding upon the undersigned, his/her heirs, successors, and assigns. The undersigned does further hereby grant permission to UWPC to use any photographs, videotapes, motion pictures, audio recordings, or any other record of the undersigned’s participation in 34 @ 34, as well as the undersigned’s name and/or likeness, for any lawful purpose, and waives any claim for compensation for any such use.