ASSUMPTION OF RISK, WAIVER OF LIABILITY, RELEASE, COVENANT NOT TO SUE AND INDEMNITY AGREEMENT
NOTICE: This is a legally binding agreement. Please read carefully before signing.
My checking the box and entering into this agreement acknowledges my consent and voluntary election to participate in the Walk4Water (the “Event”) put on by Water4, Inc.(“Water4). I voluntarily and knowingly choose to engage in Event with full knowledge and assumption of the inherent risks. I understand that I am not obligated to participate in the Event and that I may choose not to participate at any time now or in the future. In consideration for being permitted to engage in the Event, I agree to the following terms and conditions:
1. Rules and Requirements. I acknowledge Water4 may at their sole discretion terminate my participation in the Event if it is determined that I have failed to follow its rules or my conduct is in any way inappropriate for the Event.
2. Risks. I understand that the Event may involve risks, hazards, and dangers, including risks of physical injury, disability, or death and risk of loss of use or damage to my personal property. I also understand that such injury or loss may result from unknown or unexpected risks. These risks may result from the use of transportation, equipment, materials, or facilities owned or rented by Water4 or others, from the Eventitself, environmental conditions, acts or omissions of myself or others, or from the unavailability of immediate emergency medical care.
3. Assumption of Risks. Knowing the risks, I HEREBY ASSUME ALL RISKS that may arise out of or result from the Event, including but not limited to the risks described above.
4. Release, Waiver, Indemnity. I HEREBY RELEASE, WAIVE, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS, AND AGREE NOT TO SUE Water4 or their officers, consultants, employees, agents, volunteers, and Event organizers from, for, or against any liability, claim, demand, suit, or cause of action of any kind, for any property damage, loss or theft, personal injury, death, disability, or other loss or expense of any kind arising out of or in connection with the Event. I further agree that if, despite this release, waiver of liability, and assumption of risk, I, or anyone on my behalf, makes a claim against any of the release parties herein, I will indemnify, save, and hold harmless each of them from any loss, liability, damage, or cost which may incur as the result of such claim.
5. Certification of Fitness to Participate. I attest that I am physically and mentally fit to participate in the Event and that I do not have any medical history, illness, impairment, disease, infirmity, or other condition that would or should prevent my participation in the Event. I acknowledge that I have either had a physical examination and have been given a physician’s permission to participate, or that I have decided to participate in the Event without the approval of my physician and do hereby assume all responsibility for my participation in the Event.
6. Recording Release. I hereby authorize Water4 and their affiliates to take photographs, video, audio or other recordings of me during the Event and to use them as they see fit and waive any rights and any claims I may make regarding the taking or publishing of any such recordings.
7. Binding Effect. This Agreement and all its contents shall be fully binding on me and my heirs, successors, assigns, and personal representatives. This Agreement and its contents shall be in full force and effect unless and until a written and signed revocation of it is delivered to Water4.
8. General. This Agreement shall be construed in accordance with the laws of the State of Oklahoma. If any term or provision of this Agreement is determined to be illegal or unenforceable, all remaining provisions shall remain in full force and effect. I am not relying on any oral or written representation, statement, or promise other than what is set forth in this Agreement.
I HAVE READ THIS ASSUMPTION OF RISK, WAIVER OF LIABILITY, RELEASE, COVENANT NOT TO SUE AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY DIGITALLY CLICKING THE BOX ASSOCIATED WITH THIS ACKNOWLEDGMENTFREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, AND INTEND IT TO BEA COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.