1. In consideration for receiving permission to participate in the above-mentioned activity, (herein referred to as ACTIVITY), which is sanctioned or sponsored by Lindenwood University (herein referred to as SPONSOR), I (PARTICIPANT), hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS SPONSOR, Lindenwood University, its Board of Directors, its officers, agents, volunteers, other students, third parties, or employees (collectively referred to as RELEASEES) FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR INJURY, INCLUDING DEATH, unless specifically exempted herein, that may be sustained by me while participating in such ACTIVITY, travel to and from the activity, or while on the premises owned or leased by RELEASEES, including injuries sustained as a result of the negligence and FUTURE NEGLIGENCE of RELEASEES. I am able to participate in this activity and I know of no medical, physical, or mental, reason why I should not participate.
2. I am fully aware that there are inherent risks involved with the ACTIVITY, and I choose to voluntarily participate in said ACTIVITY with full knowledge that said ACTIVITY may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me as a result of participating in said ACTIVITY, including injuries sustained as a result of the negligence or FUTURE NEGLIGENCE of RELEASEES, unless specifically exempted herein. I further agree to indemnify and hold harmless the RELEASEES for any loss, liability, damage or costs, including court costs and attorney’s fees that may occur as a result of my participation in said ACTIVITY, unless specifically exempted herein.
3. I authorize university staff and other medical personnel to take any action deemed necessary in case of emergency medical situations. I understand that RELEASEES may not maintain insurance covering circumstances arising from my participation in this ACTIVITY or any event related to that participation. As such, I am aware that I should review my personal insurance coverage and my personal insurance will be used when appropriate and applicable. 4. I hereby irrevocably permit, authorize, grant, and license
4. I hereby irrevocably permit, authorize, grant, and license to Sponsor and its affiliates, successors, and assigns, and their respective licensees (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, license, otherwise use, and permit others to use my name, image, likeness, and appearance, voice, professional and personal biographical information, and other personal characteristics, and all materials created by or on behalf of Sponsor that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose without further consent from or royalty, payment or other compensation to me. I hereby irrevocably transfer, assign, and otherwise convey to Sponsor my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, and the right to sue to enforce such copyrights against infringers.
5. It is my express intent that this document shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased.
6. In signing this Release, Waiver, and Hold Harmless, I acknowledge and represent that I have read the foregoing document, acknowledge that I have the right to review it with my own legal counsel, understand it, and sign it voluntarily as my own free act and deed. No oral representations, statements, or inducements apart from the foregoing agreement that has been reduced to writing have been made. I execute this document for full, adequate and complete consideration fully intending to be bound by the same, now and in the future.
7. All other terms notwithstanding, this document does not release, and expressly excludes from its terms, claims, liabilities, or causes of action which are non-releasable under State or Federal Laws, including, but not limited to, intentional torts, gross recklessness, gross negligence, fraud, or activities involving the public interest, depending on the jurisdiction.