TODAY'S DATE: January 15, 2019
I (PARTICIPANT),willingly participate in the Team Lightning event, identifiedin the "Event Information" (ACTIVITY) section of this waiver, and indoing so hereby agree to the following agreement with:
Team Lightning and Tuned In Broadcasting, Inc., d/b/a WRLT-FM d/b/a Lightning 100, their predecessors, successors, assigns, officers, managers, directors, shareholders, members, employees, agents, trip leaders, attorneys, representatives, insurers, parent corporations, subsidiaries, partners, affiliates, sponsors, producers, and volunteers (collectively, Team Lightning).
PARTICIPANT AGREES TO THE FOLLOWING:
I. RELEASE AND WAIVER OF LIABILITY. I release, waive and discharge Team Lightning from any and all liabilities, losses, claims, counterclaims, demands, actions and causes of action of any nature whatsoever which have arisen or which may hereafter arise, as a result of or because of the Activity, or as a result of or because of any other thing or circumstance occurring prior to, on or after the date of this Agreement, including, without limitation, any and all liabilities, losses, claims, counterclaims, demands, actions and causes of action for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, damage of any kind, and economic losses arising out of or in connection with the Activity and travel to and from the Activity, even if such liabilities, losses, claims, counterclaims, demands, actions and causes of action are caused by the negligent acts or omissions of Team Lightning.
II. ASSUMPTION OF RISK. I assume full responsibility for and all risk of bodily injury, death or property damage while participating in any way in the Activity even if any of the foregoing are caused by the negligent acts or omissions of Team Green Adventures. Any and all risk of bodily injury, death or property damage being known and appreciated by me. I assume the risk incident to the Activity and any negligence arising out of the Activity. I knowingly and willingly expose myself to the dangers inherent in the Activity.
III. INDEMNITY. I agree to indemnify and save and hold harmless Team Lightning from and against any and all liabilities, losses, claims, counterclaims, demands, actions and causes of action of any nature whatsoever which have arisen or which may hereafter arise, as a result of or because of the Activity, or as a result of or because of any other thing or circumstance occurring prior to, on or after the date of this Agreement, including, without limitation, any and all liabilities, losses, claims, counterclaims, demands, actions and causes of action for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, damage of any kind, and economic losses arising out of or in connection with the Activity and travel to and from the Activity, even if such liabilities, losses, claims, counterclaims, demands, actions and causes of action are caused by the negligent acts or omissions of Team Lightning.
IV. ADDITIONAL AGREEMENTS, COVENANTS, REPRESENTATIONS & WARRANTIES:
A. I acknowledge that the Activity may be an extreme test of a persons physical and mental limits and carry with it the potential for death, serious injury and property loss.
B. I represent, warrant and certify that I am physically fit and have not been advised against participation in the Activity, and others of this type, by a qualified health professional. I understand that participation in the Activity is potentially hazardous and carries with it certain inherent risks that cannot be eliminated completely ranging from minor injuries to catastrophic injuries including death, and that I should not participate unless I am medically able and properly trained. I know that if I become ill or injured while participating in the Activity, I am responsible for my health care expenses and I have made arrangements to handle such expenses through insurance coverage, access to cash, or other methods.
C. I acknowledge that Team Lightning will rely on the information, statements, covenants, agreements, representations and warranties contained in this Agreement in further consideration for allowing me to participate in the Activity.
D. This Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Tennessee and if any portion is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
E. I assume full responsibility for any and all claims and costs arising directly or indirectly from any of my activities, acts, or omissions while participating in the Activity.
F. I represent and warrant that I have freely signed this Agreement and this Agreement is not entered into as a result of fraud or duress.
G. I agree that the Activity does not affect public policy. I agree there is no necessity for me to participate in the Activity. I will participate in the Activity for my own recreational amusement. I understand that I may attend and observe any Activity without participating in any portion of the Activity that requires physical exertion.
H. I agree to be bound by the terms and conditions of the Team Lightning Participation Guide and Agreement, a copy of which has been made available to me on the Team Lightning website (www.TeamLightning100.com).
I.ARBITRATION AND WAIVER OF JURY TRIAL. This paragraph, including the subparagraphs below, is referred to as the Arbitration Provision. This Arbitration Provision is a material inducement for the parties entering into this Agreement.
(a) This Arbitration Provision concerns the resolution of any controversies or claims between the parties, whether arising in contract, tort or by statute, including but not limited to controversies or claims that arise out of or relate to: (i) this Agreement; or (ii) any document related to this Agreement (collectively a "Claim"). For the purposes of this Arbitration Provision only, the term parties shall include any parent corporation, subsidiary or affiliate of Team Lightning.
(b) At the request of any party to this Agreement, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the law of a specified state.
(c) Arbitration proceedings will be determined in accordance with the Act, the thencurrent rules and procedures for the arbitration of commercial disputes of the American Arbitration Association or any successor thereof ("AAA"), and the terms of this Arbitration Provision. In the event of any inconsistency, the terms of this Arbitration Provision shall control. If AAA is unwilling or unable to (i) serve as the provider of arbitration or (ii) enforce any provision of this arbitration clause, Team Green Adventures may designate another arbitration organization with similar procedures to serve as the provider of arbitration.
(d) The arbitration shall be administered by AAA and conducted in Nashville, Tennessee. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Hundred Thousand Dollars ($500,000), upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and have judgment entered and enforced.
(e) The arbitrator(s) will give effect to statutes of limitation in determining any Claim and may dismiss the arbitration on the basis that the Claim is barred. For purposes of the application of any statutes of limitation, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitration-able shall be determined by the arbitrator(s), except as set forth at subparagraph(g) of this Arbitration Provision. The arbitrator(s) shall have the power to award legal fees to the prevailing party in the arbitration.
(f) The filing of a court action is not intended to constitute a waiver of the right of any party, including the suing party, thereafter to require submittal of the Claim to arbitration.
(g) Any arbitration or trial by a judge of any Claim will take place on an individual basis without resort to any form of class or representative action (the Class Action Waiver). Regardless of anything else in this Arbitration Provision, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated.
(h) By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Furthermore, without intending in any way to limit this Agreement to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. This waiver of jury trial shall remain in effect even if the Class Action Waiver is limited, voided or found unenforceable.
WHETHER THE CLAIM IS DECIDED BY ARBITRATION OR BY TRIAL BY A JUDGE, THE PARTIES AGREE AND UNDERSTAND THAT THE EFFECT OF THIS AGREEMENT IS THAT THEY ARE GIVING UP THE RIGHT TO TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW.
I HAVE CAREFULLY READ AND UNDERSTAND COMPLETELY THE ABOVE PROVISIONS, AND VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND INDEMNITY AGREEMENT WITH ARBITRATION, and I further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
I execute this Agreement on my behalf, and on behalf of my personal representative, assigns, and heirs. I verify that the information I provide is valid to the best of my knowledge and that I am signing on behalf of myself (plus any applicable minors under my guardianship) and NO OTHER adult participant.