Participant does hereby grant and convey unto Retreats and More by Webkinex all right, title and interest in any and all photographic images, video or audio recordings made by Retreats and More by Webkinex during the Activity, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes Retreats and More by Webkinex to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
Assumption of Risk.
I understand that participating in the Activity entails inherent risks of physical injury. I have been given the chance to ask questions concerning the Activity Detail Form, and all such questions have been answered to my satisfaction. Having read this form, I am fully aware of the risks and hazards associated with the Activity, and hereby elect to voluntarily participate in the Activity.
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 the Activity, unless caused by the gross negligence or willful misconduct of the Host, or company, its officers, trustees, agents, employees or volunteers (collectively referred to as “Retreats and More by Webkinex”).
In consideration for allowing me to participate in the Activity, I agree I will not sue Retreats and More by Webkinex and I release Retreats and More by Webkinex from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, arising from the Activity or while upon the premises where the Activity is being conducted, excepting those claims arising from the gross negligence or willful misconduct of Retreats and More by Webkinex.
I agree to indemnify and hold harmless Retreats and More by Webkinex from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that Retreats and More by Webkinex may incur arising from my involvement in the Activity, excepting those claims arising from the gross negligence or willful misconduct of Retreats and More by Webkinex.
Warranty of Physical Fitness.
I warrant that I am physically fit and in a condition that will allow me to participate fully in the Activity. I maintain medical insurance that covers me for accidents and illnesses while I am participating in this Activity. I understand Retreats and More by Webkinex has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity, and Retreats and More by Webkinex is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my participation in the Activity.
Emergency Medical Treatment.
I grant Retreats and More by Webkinex permission to authorize emergency medical treatment as it deems appropriate, and agree that such action by Retreats and More by Webkinex shall be subject to the terms of this Agreement. I understand and agree that the Retreats and More by Webkinex assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment.
Intent: It is my express intent that this Agreement shall bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my participation in the Activity shall be construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws provision. The courts in Clark County shall be the forum for any lawsuits arising from the Activity or incident to this Agreement. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of shall not be affected thereby.