UNCONDITIONAL AND FULL GENERAL LIABILITY RELEASE AND WAIVER OF RIGHTS The undersigned participant identified below (“Participant”) must sign this Unconditional and Full General Liability Release & Waiver of Rights (“Waiver”) in order to participate in any and all events, activities, or programs, organized, hosted, operated, or otherwise associated with the Tampa Bay Buccaneers (the “Club”) or its affiliates (collectively the “Activities”). This includes Activities taking place at the AdventHealth Training Center, Raymond James Stadium, or any other location where Club-related activities occur (collectively the “Premises”). The Activities may include, without limitation, throwing, catching, running, sprinting, jogging, jumping, climbing, stretching, bending, twisting, and other related physical activities. Participation in the Activities is completely voluntary. In consideration of Club permitting Participant’s participation in the Activities, Participant, on behalf of themselves and their heirs, family members, personal representatives, agents, assigns, and any other individuals or entities that may claim through Participant, hereby agrees as follows: Liability Release; Indemnity: Participant hereby agrees that Participant’s participation in the Activities is voluntary and Participant expressly assumes all the known and unknown risks inherent in the activities at the Activities (which may include, among other things, dizziness, nausea, fainting, dehydration, broken bones, cuts, scrapes, bruises, sprains, blisters, fractures, jammed fingers, contusions, concussions, popped ribs, ruptured spinal discs, torn tendons or ligaments, heart attack, stroke, permanent disability, full or partial paralysis, death, and other ailments associated with participating in the Activities, and injuries from other participants or as result of Participant’s own negligence). Participant releases, covenants not to sue, and forever discharges Club, Buccaneers Team LLC, Buccaneers Stadium LLC, Buccaneers Holdings LLC, Buccaneers Limited Partnership, Inc., Tampa Bay Buccaneers Foundation, Inc., Tampa Bay Mall Limited Partnership, Tampa Bay Broadcasting Inc., Glazer Family Foundation Inc., Glazer Vision Foundation, LLC, First Allied Development Partners, First Allied Development Partners Limited Partnership, Tampa Sports Authority, the City of Tampa, the County of Hillsborough, the National Football League (“NFL”), and each of their respective subsidiaries, parent companies, and affiliates, and each of their respective members, managers, officers, directors, partners, representatives, agents and employees (collectively, “Releasees”) of and from any and all claims, demands, suits (including in equity), causes of action, judgments, losses, liabilities, damages, costs and expenses of any nature, whether caused by, arising out of or based on the active or passive negligence of any Releasee or otherwise, arising out of or in any way connected to Participant’s participation in the Activities, any activities conducted at the Premises and/or otherwise occurring on the Premises and/or travel to or from the Premises, including, without limitation, any claim arising out of or connected with any injury (minimal, serious, catastrophic and/or death); any emergency medical treatment; any equipment used in connection with the Activities; and/or any food, drink or medical services provided to Participant in connection with the Activities (collectively, the “Claims”). Participant hereby further agrees to defend, indemnify and hold harmless Releasees and their respective heirs, successors and assigns from and against any and all such Claims, including, without limitation, attorneys’ and other professionals’ fees and costs. Participant understands that this release and indemnity includes, without limitation, any Claims based on the negligence, action or inaction of any Releasee (including in procuring medical treatment), and covers personal and bodily injury (including death), and property damage, whether suffered before, during or after the Activities. Participant further agrees to defend, indemnify and hold harmless the Releasees from any and all Claims arising from any of Participant’s guest’s participation in the Activities. Assumption of Risk: Participant acknowledges and agrees that participation in the Activities involves certain risks, including those outlined above, and the possibility of injury (minimal, serious, catastrophic and/or death), and Participant assumes and agrees that Participant assumes the full risk of any injuries, damages or losses may be sustained by Participant’s participation in the Activities. Participant represents that Participant is in good physical health and fully capable of participating in the Activities. If at any time Participant believes that conditions surrounding participation in the Activities are unsafe or become unsafe, Participant agrees to immediately stop participating in the Activities. Medical Treatment: If Participant is not capable of consenting at the time emergency medical treatment is necessary, Participant authorizes Club and its designees to consent, on Participant’s behalf and at Participant’s sole cost and expense, to any emergency medical care that may become reasonably necessary for Participant (including, without limitation, during any visit to a hospital or facility selected by the Club) as a result of Participant’s participation in the Activities. Publicity: Participant hereby expressly grants the Releasees (and authorizes the Releasees to grant to others), the perpetual, irrevocable right to film, tape, photograph, record, exhibit, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, distribute, broadcast, webcast, stream, prepare derivative works from or otherwise preserve, use and/or exploit in any format and/or manner now known or hereafter developed (whether for commercial or non-commercial purposes) (collectively, the “Use and Materials”): (A) Participant’s presence at, involvement in, or participation in any aspect of the Activities; and (B) Participant’s name, likeness, signature, voice, conversation, sounds, biographical data and/or any other information or material secured in connection with Participant’s participation in the Activities. This grant of rights may be exercised with or without Participant’s knowledge and applies globally, in connection with any use by the Releasees or their designees. Participant acknowledges and agrees that Participant will not receive any compensation or royalties for the Use and Materials. Governing Law; Class Action Waiver; Jury Trial Waiver Dispute Resolution: This Waiver shall be governed by and construed in accordance with the internal laws of the State of Florida without regard to its conflict of law principles that would cause the application of laws of another jurisdiction. Subject to the dispute resolution procedures set forth herein, the state and federal courts of Hillsborough County, Florida, shall have exclusive jurisdiction over any dispute arising out of or based on this Waiver. CLUB AND PARTICIPANT EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY AND ANY RIGHTS TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, OR ANY SIMILAR PROCEEDING IN RESPECT OF ANY SUIT, ACTION, OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS WAIVER. CLUB AND PARTICIPANT EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS WAIVER OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE RESOLVED (A) ARBITRATED ON AN INDIVIDUAL BASIS ONLY, AND SHALL NOT BE CONSOLIDATED OR JOINED WITH OR IN ANY ARBITRATION OR OTHER PROCEEDING INVOLVING A CLAIM OF ANY OTHER PARTY, AND (B) SETTLED BY FINAL AND BINDING ARBITRATION IN TAMPA, FLORIDABEFORE A SINGLE ARBITRATOR APPOINTED BY JAMS IN ACCORDANCE WITH ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITATION SHALL REMAIN CONFIDENTIAL. THE PREVAILING PARTY IN ALL SUCH ARBITRATIONS SHALL BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND COSTS FROM THE OTHER PARTY. This clause shall not preclude Club or Participant from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Separability; Entire Agreement: Participant understands that this Waiver is intended to be as broad and as inclusive as permitted by Florida law. If any provision of this Waiver, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable in any jurisdiction, (a) the remainder of this Waiver shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law, and (b) the court or arbitrator making such determination shall have the power to reduce the scope or applicability of such provision (including by deleting or replacing specific words and phrases) in a manner that makes such provision valid and enforceable and comes closest to expressing the intention of the invalid and unenforceable provision. This Waiver contains the entire agreement between the Releasees and Participant with respect to the subject matter hereof and supersedes any prior or contemporaneous agreement. Future Events: This Waiver shall also apply to any other activity or event in which Participant takes part that is conducted, organized, or sponsored by any of the Releasees within one (1) year from the date of signature, regardless of whether such future activities or events are similar to those described in this Waiver. The Releasees may not require the execution of a new waiver for any such future activities or events occurring within that one-year period, and this Waiver shall remain in full force and effect and apply to all such participation by Participant during that time. I HAVE READ THE ABOVE WAIVER IN ITS ENTIRETY, FULLY UNDERSTAND ITS CONTENTS (INCLUDING THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT), AND HAVE SIGNED THIS DOCUMENT VOLUNTARILY AND OF MY OWN FREE WILL. Minor Child's Natural Guardian: I represent and warrant that I am the parent or legal guardian of the participant or attendee (the “Minor”) at the Event and that I have read and understood the foregoing Waiver. I fully consent to and voluntarily authorize the Minor to participate in the Event. I acknowledge and agree individually and on behalf of the Minor to the representations, consents, agreements, grants, waivers, authorizations, indemnifications and releases set forth above, which shall be binding on me and the Minor.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
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