WAIVER AND RELEASE OF LIABILITY:
For and in consideration of the opportunity to participate in the 2018 2nd maCares Tribute 5K Run/2.5K Walk (“Event”) at Country Park, a facility owned and operated by the City of Greensboro (the “Location”), for myself and my personal representatives, family, heirs, successors, assigns, and next of kin, I hereby agree to the following:
I recognize that the Event requires physical exertion that may cause accident, loss, damage, injury or death and I am voluntarily and without coercion electing to participate in the Event with full knowledge and understanding of such risks and hazards. I agree that I am solely responsible for my own safety and I will take every precaution to provide for my own safety while participating in the Event and while present at the Location.
I understand that it is my responsibility to consult with my physician prior to and regarding my participation in the Event. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the Event. I will only participate in the Event upon the prior approval of my physician.
I do hereby fully and forever waive, release, discharge and covenant not to sue maCares and/or their respective successors, assigns, owners, employees, representatives, officers, agents and directors (each considered one of the “Releasees” hereunder) from any and all liability, actions, causes of action, suits, proceedings, damages, judgments, executions, claims, and demands whatsoever, in law, equity or otherwise, that may arise in any way in connection with the Event or with my presence at the Location. I intend this Waiver and Release of Liability to be effective whether or not any accident, loss, damage, injury or death results from the negligent, intentional or unintentional acts or omissions to act of one of more of the Releasees.
I further understand that my name, photograph, voice, and/or likeness may be copied and distributed by means of various media, without further authorization from, or notice to, me. I hereby consent to and authorize maCares, its sponsors, affiliates, including, without limitation, Market America, Inc., SHOP.com Marketplace, Inc., Loren Jewels, LLC and Shop MA, Inc., and their respective officers, directors, agents, employees, representatives, successors, assigns and all persons or entities, acting with the permission or upon the authority of maCares (collectively “MA”) to use my name, voice, photograph and likeness in whole or in part, in connection with merchandising, exhibition, advertising, promotion, distribution, sales, broadcast and any and all other commercial or noncommercial purpose or activity relating to MA whatsoever. This right includes, without limitation, the right to incorporate and use my name, voice, photograph and likeness in video, audio, print, still photographs, catalogs, packaging and package inserts, advertisements, magazines, social networking, blogs, brochures, web sites, commercials, broadcasts and in all other forms and media (the “Materials”), to reproduce, exhibit, broadcast, transmit, share, sell and/or distribute the Materials and to permit MA’s partners and assigns (individually and collectively “MA Partners”), to do the same.
I understand that all images, likenesses, and audio of me (and all intellectual property rights associated therewith) in any format whatsoever, including, without limitation, photographs, voice, video and other likenesses are the sole and exclusive property of MA. I hereby assign and agree to assign in perpetuity to MA any and all worldwide rights, including the copyrights and renewals thereof, in and to the Materials and the uses to which they may be applied. I waive any and all rights to inspect or approve the Materials and the uses to which they may be applied. I further waive any and all right to compensation for the use of my name, photograph, voice and/or likeness by MA or MA Partners.
I agree that if, despite this Waiver and Release of Liability, I, or anyone on my behalf makes a claim or claims against one or more Releasees, I will indemnify and hold such Releasees harmless from any and all litigation expenses, attorney fees, claims, judgments, losses, liability, damages and costs which may be incurred by such Releasees as a result of and/or in association with such claim or claims.
This Waiver and Release of Liability shall be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. All actions or proceedings arising out of or relating to the Event and/or this Waiver and Release of Liability shall be instituted and litigated in Greensboro, Guilford County, North Carolina, and I hereby submit to the jurisdiction of such courts.
My Waiver and Release of Liability is given in exchange for the opportunity to participate in the Event, which may have a positive impact for me. I have read this Waiver and Release of Liability, I fully understand its terms, I understand that I have given up substantial rights by signing it and I have signed it freely and without any inducement or assurance of any nature. I understand that I will not receive any compensation for signing it and I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. If any portion of this Waiver and Release of Liability is held to be invalid or unenforceable, the remainder shall continue in full force and effect to the maximum extent allowable by law. This Waiver and Release of Liability has no expiration date.