Ladders for Leaders

Event Waiver

Event Waiver

 

P.O.  Box 1204, Round Rock TX 78680

info@laddersforleaders.org

512-817-4322

 

Release and Waiver of Liability Agreement

WHEREAS, Ladders for Leaders (“LL”) is the organizer of the fundraiser “Event” and is willing to permit the individuals (the “Participants”) signing this Agreement to participate in the Event, upon the terms and conditions of this Agreement. LL and Participants may be collectively referred to as (the “Parties”) and the property or location of the EVENT may be referred to as (the “Premises”). 

In consideration for being provided the ability to participate in the Event, each person signing below hereby stipulates and agrees:

  1. Assumption of Risk. I understand and acknowledge that I may risk exposure to and contraction of potentially dangerous diseases and viruses, including the coronavirus disease (COVID-19) and severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and any other diseases or viruses not listed, by being on the Premises to participate in the Event. I understand and acknowledge the risks associated with diseases and viruses and I am fully aware that exposure may result in infection, severe illness, injury, pain and suffering, temporary or permanent disability, and even death.I further acknowledge that any exposure I may sustain while participating in the Event or while on the Premises may be compounded by negligent or delayed medical service or negligent or delayed assistance by LL. I understand that even if LL has taken any proactive measures to reduce potential exposure, there is still high risk of exposure and LL has not in any way represented that there is no exposure risk due to their proactive measures. I AGREE THAT I FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY PARTICIPATION IN THE EVENT OR USE OF THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF LL.

  2. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release LL and its affiliates, and their respective partners, agents, operators, managers, employees, board members and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my participation in the EVENT and my presence on the Premises, whether caused by the negligence of LL or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability for Service Providers is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises or participating in the EVENT on the Premises.  I understand and agree that LL does not provide any form of insurance to cover expenses for damage for myself and/or to my personal property; and that LL strongly recommends that I also carry my own health, medical and property insurance for purposes of potential losses related to this internship.

  3. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises while participating in the EVENT, or following the EVENT.

  4. Indemnification. I hereby agree to defend, indemnify and hold harmless LL and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any infection, illness, personal injury, loss of life or damage to property sustained by reason of or arising out of my participation in the EVENT and/or being on the Premises.

  5. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises or that I use during the EVENT, and that LL will not be responsible for or provide any security for my property and personal belongings.

  6. No Representations by LL. I acknowledge that LL makes no representation as to the condition of the Premises, the safety of the EVENT or the conduct of the organization participating in the EVENT. I acknowledge that LL makes no representations that they have taken any safety precautions that relate to infectious diseases or exposure, and even if LL did proactively take preventative measures, LL has made no representation that those measures will in any way reduce or prevent the risks associated with exposure. LL further makes no representations that any safety measures taken were done properly and I accept that those efforts may have been done with negligence. I accept and shall use the Premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by LL or LL’s employees, agents, sponsors, or representatives regarding this Agreement or the Premises or the EVENT.  LL shall not be responsible for providing any form of transportation and will not be liable in connection with any type of accident related to the commute to and from the prospective job site.

  7. Personal Representations. I represent that I will comply with all directives given by LL, whether in print or orally, in all matters, including any that relate to issues involving infectious diseases or viruses. For example, but not exclusively, I will abide by any mask requirements, hand washing or sanitizing requirements, social distancing requirements, directional signs indicating a direction to walk, requests to take my temperature, and any other directives. 

  8. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability Agreement must be brought exclusively in any state or federal court located in [Austin, Texas].

  9. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.

  10. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable.

  11. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and participation in the EVENT and use of the Premises, the Parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

  12. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 

  13. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the Parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Parties.

 

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LL. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST TWENTY-ONE (21) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.