Tim Tebow Foundations WAIVER AND
RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists
while participating in NIGHT TO SHINE (hereinafter the "Activity");
IN CONSIDERATION OF my desire to participate in said
Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors,
administrators, assigns, or personal representatives (hereinafter collectively,
"Releasor," "I" or "me", which terms shall also
include Releasor's parents or guardian if Releasor is under 18 years of age),
knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and
hereby waive any and all rights, claims or causes of action of any kind arising
out of my participation in the Activity; and
I HEREBY release and forever discharge the TIM TEBOW
FOUNDATION, located at 7700 Square Lake Blvd, Jacksonville, Florida 32256,
their affiliates, managers, members, agents, attorneys, staff, volunteers,
heirs, representatives, predecessors, successors and assigns (collectively
"Releasees"), from any physical or psychological injury that I may
suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED
ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM
AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY
INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,
SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING
PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES
OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO
TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY
LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO
ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold
harmless the Releasees against any and all claims, suits or actions of any kind
whatsoever for liability, damages, compensation or otherwise brought by me or
anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not
responsible for errors, omissions, acts or failures to act of any party or
entity conducting a specific event or activity on behalf of Releasees. In the
event that I should require medical care or treatment, I authorize the Tim
Tebow Foundation to provide all emergency medical care deemed necessary,
including but not limited to, first aid, CPR, the use of AEDs, emergency
medical transport, and sharing of medical information with medical personnel. I
further agree to assume all costs involved and agree to be financially
responsible for any costs incurred as a result of such treatment. I am aware
and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve
a test of a person's physical and mental limits and may carry with it the
potential for death, serious injury, and property loss. I agree not to
participate in the Activity unless I am medically able and properly trained, and
I agree to abide by the decision of the Tim Tebow Foundation official or agent,
regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS
"WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
I EXPRESSLY AGREE TO RELEASE AND DISCHARGE the Tim Tebow Foundation AND ALL OF
ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS,
REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS
OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT
I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST the Tim Tebow Foundation FOR
PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit
releases for ordinary negligence, this release is also for such negligence on
the part of the Tim Tebow Foundation, its agents, and employees.
I agree that this Release shall be governed for all purposes
by Florida law, without regard to any conflict of law principles. This Release
supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities
occurs as a result of my or my family's or my agent's willful actions, neglect
or recklessness, I acknowledge and agree to be held liable for any and all
costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT
FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND
ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length,
without duress or coercion, and is to be interpreted as an agreement between
two parties of equal bargaining strength. Both Participant,
__(named above)_ and the Tim Tebow Foundation agree that this
agreement is clear and unambiguous as to its terms, and that no other evidence
shall be used or admitted to alter or explain the terms of this agreement, but
that it will be interpreted based on the language in accordance with the
purposes for which it is entered into.
In the event that any provision contained within this
Release of Liability shall be deemed to be severable or invalid, or if any
term, condition, phrase or portion of this agreement shall be determined to be
unlawful or otherwise unenforceable, the remainder of this agreement shall
remain in full force and effect. If a court should find that any provision of
this agreement to be invalid or unenforceable, but that by limiting said
provision it would become valid and enforceable, then said provision shall be
deemed to be written, construed and enforced as so limited.
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE
AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I
CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT
AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A
RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE
Must be signed by Parent/Guardian if Participant/Guest is under 18.