ACKNOWLEDGMENT, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION
As consideration for the opportunity to participate in or attend Reason to Dance, Reason for Hope (the “Event”) hosted by Global Health Systems Foundation (the “Event Host”) for the charitable benefit of Riley Children’s Foundation, LLC (the “Foundation”), I (the “Attendee”) hereby affirm that I am at least 18 years old and I agree to be bound, or if I am not at least 18 years old, that my parent(s) or legal guardian(s) and I agree to be bound, by this Acknowledgment, Waiver, Release of Liability, and Indemnification (the “Waiver”) and each of the following terms and conditions:
Not a Foundation Activity. I/we understand and acknowledge that the Event is not sponsored, conducted, supervised, controlled or monitored in any way by the Foundation and that the Foundation is merely the charitable beneficiary of all or a portion of the proceeds from the Event.
Assumption of Risks. I/we understand that Attendee’s participation in and/or attendance at the Event may carry certain risks, inherent or otherwise, which cannot be eliminated, including risks of injury and loss, both to person and to property, including minor injuries such as scrapes, bruises and strains, exposure to diseases, and even catastrophic injuries such as concussions, broken bones, paralysis and death.
I/we further understand and acknowledge that Attendee’s attendance at and/or participation at the Event may expose me to the risk of contracting a contagious illness, including but not limited to COVID-19. I/we understand that this Waiver is intended to address all risks of any kind associated with Attendee’s participation in and/or attendance at the Event, including but not limited to risks created by actions, inactions, carelessness, or negligence on the part of the Event Host, the Foundation and any of their related and/or subsidiary organizations, partnerships, companies and entities.
Release and Waiver. I/we release and discharge the Event Host and the Foundation and any of their respective employees, independent contractors, agents, parents, related and/or subsidiary organizations, partnerships, companies and any other person acting on their behalf (the “Released Parties”) from any and all liability for and waive any and all claims for injury, loss, damage, or expense, including attorneys’ fees, in any way connected with my involvement in the Event (a “Claim”). This release applies even if the Claim is alleged to have been caused in whole or in part by the negligence or other misconduct of the Event Host and/or the Foundation.
Agreement to Indemnify. Attendee agrees to INDEMNIFY, HOLD HARMLESS AND
DEFEND the Released Parties in any action or proceeding from and against all claims, damages, injuries, actions, suits, proceedings, loss of consortium, loss of support claims, failure to provide medical treatment claims, expenses and attorneys’ fees claimed by Attendee or claimed by any third-party relating to the Event, including any attendee, participant or volunteer. This agreement to indemnify, hold harmless and defend applies even if the act or omission or event complained of was allegedly caused in whole or in part by the negligence in any form of the Released Parties; however, it does not apply to any intentional or reckless conduct of the Released Parties.
Binding Effect. This Waiver shall be binding upon and inure to the benefit of Attendees’ relatives, heirs, next of kin, executors, administrators, beneficiaries, personal representatives, successors, and assigns who might pursue any legal action or claim for such liability, injury, loss or damage.
Governing Law; Venue. This Waiver and all related proceedings shall be governed by and interpreted under the laws of the State of Indiana. I/we consent to any action with respect to this Waiver being brought only in the State and federal courts located in Marion County, Indiana.
I/WE HAVE READ THIS ACKNOWLEDGMENT, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION AND FULLY UNDERSTAND ITS CONTENTS AND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I/WE AM/ARE SIGNING THIS ACKNOWLEDGMENT, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION VOLUNTARILY, FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE NOT STATED HEREIN; INTEND FOR IT TO BE A COMPLETE AND UNCONDITIONAL WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION TO THE GREATEST EXTENT ALLOWABLE BY LAW AND AGREE THAT IF ANY PORTION OF IT IS HELD INVALID, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.
I agree and acknowledge the Waiver, Release of Liability and Indemnification and other terms and conditions listed above for every attendee included in my ticket/table purchase. Checking this box is equivalent to my signature. I represent that I have authority to sign on behalf of all attendees included in my ticket/table purchase. I understand this Waiver may be stored electronically and agree that a copy is authentic.