RELEASE OF LIABILITY, WAIVER OF CLAIMES, EXPRESS ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND PHOTO RELEASE
Please read and be certain you understand the implications of signing.
Release of Liability, Waiver of Claims, Indemnity Agreement, and Photo Release
In consideration for being or having me being permitted to participate in the Mars on Gravity event I desire to purchase and related activities, I hereby agree, acknowledge and appreciate that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, (herein referred to as “releases”): Mars on Gravity Productions, LLC, a Washington, DC corporation doing business as Mars on Gravity, and its subsidiaries and affiliates.
2. To release the releases, their officers, directors, employees, contractors, representatives, agents, and volunteers, vessels, and Mars on Gravity’s parent and subsidiary affiliates from liability and responsibility whatsoever and for any claims or causes of action that I, or my estate, heirs, survivors, executors or assigns may have for personal injury, property damage, or wrongful death arising from the above activities which I desire to participate in, whether caused by active or passive negligence of the releases or otherwise. By executing this document, I agree to hold the releasees harmless and defend and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property arising out of, connected with, or in any way related to the event of or activities I desire to participate in.
3. I hereby give releasees, their officers, directors, employees, contractors, vendors, affiliates, volunteers, and agents, and their assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use and make photographs (still, film, tape or otherwise), to use and record with a video or audio recording device, my name (or any fictional name), picture, portrait, photograph, and/or likeness in all forms and in all media and in all manners (“Likeness”), without any restriction as to changes or alterations (including but not limited to blurring, distortion, alteration, optical illusion or use in composite form, or derivative works of my Likeness made in any medium, whether intentional or otherwise) in connection with the activity(ies) through the releasees’ business, products and/or services, including but not limited to for advertising, for publication or any other lawful purpose. I waive any right to inspect, modify, or approve any intermediary version(s) or finishes version(s) of the results of the use of my Likeness (“Results”). I waive any right to further compensation on behalf of myself.
4. In the event of an emergency, I authorize releasees to secure, from any licensed hospital, physician and/or other medical personnel, any treatment deemed reasonable and necessary for my own immediate care and agree that I will be responsible for payment for any and all such treatment rendered.
5. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
Express Assumption of Risk Associated with Recreational Activities.
I do hereby affirm and acknowledge that I do not suffer from any known disability or condition which would prevent or limit my participation in the activity or event that I desire to attend and participate in. I further affirm and acknowledge that I fully understand that there may be inherent hazards and risk associated with the activity or event in which I will attend and participate in, including my own transportation to and from the event location. I have fully informed myself of all of the details of the event and associated activities and I understand that inherent hazards and risks may include but are not limited to:
1. Risk of significant injury from the activity and/or event including the potential for permanent disability and death.
2. Risks associated from outdoor activities, including but not limited to exposure to elements, excessive heath, hypothermia, impact of the body upon the snow, encountering objects either natural or man-made, exposure to animals with the attendant risk of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury and/or death.
3. My own negligence and/or the negligence of others, including but not limited to operator or instructor error and/or decision making.
4. Fatigue, chill, alcohol consumption and/or dizziness, which may diminish my reaction time and increase the risk of accident both during the event and after.
*I understand the description of these risks is not complete and that unknown or anticipated risks may result in injury, illness, or death.
Alcohol, Drugs & Illegal Substances
The possession or use of illegal or illicit drugs is strictly prohibited while attending and participating in any Mars on Gravity event. All participants must be 21 years of age to drink and must do so responsibly. The excessive consumption of alcohol, or any violent or inappropriate behavior, will not be tolerated, and we reserve the right to pursue legal action. Participants found to be in violation of the policies of Mars on Gravity may be immediately removed from a Mars on Gravity event at their own cost, and no refund will be given. Mars on Gravity also retains the right to notify local law enforcement immediately and assist as necessary. Mars on Gravity’s choice not to take remedial or legal action immediately is not a waiver of its right against an individual at a later date.