WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in the Student ACES Flagship Program and as consideration for the right to participate in the Student ACES Flagship Program, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Student ACES Flagship Program, and do hereby release and forever discharge, Student ACES, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I agree to indemnify and hold harmless against any and all claims, suits or actions of any kind. whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Student ACES incurs any of these types of expenses, I agree to reimburse. I acknowledge that Student ACES and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Student ACES. I acknowledge the Student ACES Flagship Program involves physical activity and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, and actions of others, including but not limited to, participants, volunteers, workers, and staff.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Student ACES, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. By signing this waiver, I agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. In the event of an emergency, please contact the following person(s) in the order presented:
I hereby authorize Student ACES Inc. to use, reproduce, and/or publish photographs and/or video that may pertain to myself and/or my child - including image, name, likeness and/or voice without compensation. I understand that this material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSAs) or for other related endeavors. This material may also appear on Student ACE’s Internet Web Page. This authorization is continuous and may only be withdrawn by my specific rescission of this authorization. Consequently, Student ACES may publish materials, use myself and/or my child's name, photograph, and/or make reference to myself and/ or my child in any manner that Student ACES or deems appropriate in order to promote/publicize service opportunities.