RELEASE AND WAIVER OF LIABILITY MEDICAL HISTORY FORM RELEASE AND WAIVER This Release and Waiver of Liability (the “Release”) entered into by and on behalf of the Participant in favor of the T.E.A.M Elam Foundation, The Lamar Jackson Foundation, National Football League Players Association and its affiliates, and their respective parents, subsidiaries, affiliates, directors, officers, governors, employees and agents (each, a “Released Party”, and, collectively, the “Released Parties”). The Participant desires to engage in certain activities in connection with the 7 on 7 tournament as described above (the “Activities”). The Participant acknowledges that he/she derives personal satisfaction and a benefit by virtue of his/her participation with the event and/or performing the Activities discussed above, and Participant willingly engages in these Activities. The Participant understands that his/her participation and Activities may include playing team sports and other athletic and physically demanding activities. The Participant hereby freely, voluntarily, and without influence from anyone or duress of any kind executes this Release and consents and agrees to each of the following: RELEASE AND WAIVER: Participant hereby releases, waives and forever discharges any and all liability, claims, and demands of whatever kind or nature against the Released Parties either in law or in equity, to the fullest extent permissible by law, including but not limited to the negligence, fault or misconduct of any kind on the part of any Released Party for damages or causes of action, including but not limited to death, bodily or personal injury, illness, economic loss or out of pocket expenses, or loss or damage to property, which Participant, his/her heirs, assignees, next of kin and/or legally appointed or designated representatives, may have or which may hereinafter accrue on their behalf, which arise or may hereafter arise from the performance of Participant’s Activities and/or participation with any Released Party. Participant hereby covenants not to sue any Released Party and further agrees to defend and indemnify each Released Party from and against any and all claims, suits, actions and legal proceedings that may be instituted on Participant’s behalf. Participant does hereby release and forever discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Participant’s Activities with any Released Party. Participant further authorizes any staff or medic that may be present or called to assist during the Activities to attend to any emergency health problems or injuries that Participant may incur while participating in the Activities and acknowledges that he/she is solely responsible for any and all medical expenses due to the injury or illness. ASSUMPTION OF THE RISK. Participant expressly assumes all risk of injury (including, without limitation, permanent disability,2 illness, or death) relating to or arising out of Participant’s Activities or participation with any Released Party, howsoever caused or arising and whether by negligence or otherwise and accept personal responsibility for the damages following such injury, permanent disability, illness, or death. Participant hereby expressly and specifically consents to the release and waiver of all claims for damages and causes of action against any Released Party for any and all liability for death, bodily or personal injury, illness, economic loss or out of pocket expenses, or loss or damage to property resulting from the Activities and participation with any Released Party. Participant further acknowledges and accepts sole responsibility for all of the hazards to him/her and his/her property associated with or related to the performance of the Activities, his/her participation with any Released Party (including but not limited to any injury, illness, or damage that he/she may cause to others), and any conditions on projects, property, facilities, accommodations, equipment, supplies and tools (irrespective of who may own or provide any one of these items) incidental to his/her performance of the Activities and/or participation with any Released Party, whether caused by the negligence, fault or misconduct of any kind on the part of any Released Party. COVID-19 RELATED ASSUMPTION OF RISK AND WAIVER. Participant agrees that: (a) Participant has been warned that (i) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID- 19”) has been declared a worldwide pandemic by the World Health Organization; (ii) COVID-19 is extremely contagious and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present (iii) no precautions, including the protocols and requirements the CDC, federal, state and local government has put in place, can eliminate the risk of exposure to or contraction or transmission of COVID-19, and that such risk applies to everyone; (iv) contracting COVID-19 can result in being subject to quarantine requirements, serious illness, temporary or permanent disability, other short-term and long-term health effects, and/or death, regardless of age or health condition; (v) contracting COVID-19 can result in the further transmission of COVID-19 to my family members, friends and other persons; and (vi) federal, state and local governments and federal and state health agencies have, among other things, recommended social distancing where possible and, in many locations, prohibited the congregation of groups of people; (b) Participant has been given an opportunity to familiarize him/herself with the conditions, equipment and other facilities at the event and will be subject to certain policies, procedures and protocols (including, but not limited to, medical testing and/or vaccination requirements) that may be implemented from time to time (including, but not limited to, federal and state governmental agencies) in an effort to mitigate potential exposure to and spread of COVID-19 as may be required by law; and (c) Participant fully understands and knowingly and voluntarily assume all the foregoing risks (including, without limitation, all risks related to exposure to, or contraction or transmission of, COVID-19) and accept personal responsibility for any and all damages, liabilities and other losses that may incur in connection with any such illness, personal injury, temporary or permanent disability, other short-term or long-term health effects and/or death. INSURANCE. The Participant understands that, except as otherwise agreed to by the Released Parties in writing, no Released Party carries or maintains health, medical, or disability insurance coverage for any Participant. Each Participant is expected and encouraged to obtain his or her own medical or health insurance coverage. PHOTOGRAPHIC RELEASE. Participant grants full permission to the Released Parties (and their respective licensees, sponsors and designees), by any means, whether now known or hereinafter developed, to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, and to license others to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, for any purpose, in any manner, without further notification, authorization or compensation to Participant or anyone on Participant’s behalf, the use of the Participant name and likeness, and any photographs, videotapes, motion pictures, recordings, or other record of the Activities (or any part or parts of Participant’s involvement in or participation with the Activities) in any and all media, whether now known or hereafter developed, worldwide and in perpetuity, and the Participant represents and warrants that no further permission is required for the Released Parties to use the Activities as provided herein. Participant acknowledges that any photograph, videotape, recording or other record that is taken or created during such Activities shall be the property of the T.E.A.M. Elam Foundation. APPLICABLE LAW & SEVERABILITY. Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of Florida and that this Release shall be governed by and interpreted in accordance with the laws of the state where the Activities take place. Participant agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. I hereby certify that I am the legal parent/guardian of the Participant, I am eighteen (18) years of age or older, suffering under no legal disabilities, that I have read the foregoing document carefully and hereby sign this agreement voluntarily and for my own free will. Date: October 16, 2024 |
