Waiver and Release of Liability and Assumption of Risk
In consideration of me being allowed to participate in any New York Magpies Australian Football Club Inc. (New York Magpies) sponsored Activities (Activity), I agree:
1. I understand the nature of New York Magpies Activities and acknowledge my experience and capabilities and believe I am qualified to participate in such Activity. I further acknowledge that I am aware that the Activity will be conducted in facilities open to the public during the Activity. I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
2. I acknowledge that to participate in any New York Magpies Activities I must have a health insurance policy valid for coverage in the United States, AND BY EXECUTING THIS AGREEMENT, WARRANT THAT I HAVE SUCH A VALID HEALTH INSURANCE POLICY.
3. I FULLY UNDERSTAND that: (a) New York Magpies Activities involve risks and dangers which include, but are not limited by, strained or torn muscles and ligaments, broken bones, and other MORE SERIOUS BODILY INJURIES, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (collectively known as Risks); (b) these Risks may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place or THE NEGLIGENCE OF THE RELEASEES NAMED BELOW (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my participation in the Activity.
4. I HEREBY RELEASE, DISCHARGE, CONVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS the New York Magpies and its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the Releasees herein) from all liability, claims, demands, losses, or damages on account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations and further agree that if, despite this release, I, or anyone on my behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I also undertake that if any such claim is made, it will be subject to the jurisdiction of the State of New York.
5. I HEREBY GRANT to the New York Magpies a non-exclusive, transferable, world-wide license to use my name, likeness, persona or identifying characteristics in connection with the broadcasting of New York Magpies Activities and in connection with advertising, publicizing, exhibiting and exploiting New York Magpies Activities in whole or in part, by any and all means, media, devices, processes and technology now or hereafter known or devised in perpetuity throughout the universe. I hereby acknowledge that the New York Magpies shall have no obligation to use my name, likeness, persona or identifying characteristics. Further, I hereby release the New York Magpies, its assignees and licensees from any and all claims and demands arising out of or in connection with such use, including, without limitation any and all claims for invasion of privacy, infringement of my right to publicity, defamation (including libel and slander), false light and any other personal and/or property rights.