Release and Waiver of Liability Form

1. The Basic Legal Terms – What Stuff Means:

The term “Event Organizers” means Relentless Muscle, its members, organizers, sponsors, representatives, agents and volunteers. “Event Organizers” also includes any other person or entity that participated in the organization, planning, sponsorship, administration, production or sponsorship of the Event and their members, organizers, sponsors, representatives, agents and volunteers.
The term “the Event” means the event on July 6, 2024 organized by Event Organizers and the supporting organizations and businesses. This includes any organized activities during the event, entertainment and activities at the event, equipment used at the event such as the bounce house, and related social gatherings.
The term “I”, “me” or any pronoun indicating the first person means the person signing this Registration and Release and Waiver of Liability Form on behalf of themselves, their executors, administrators, heirs, successors, assigns, employees and agents, as well as their children/wards.

2. Waiver of Liability and Indemnity Agreement.  As consideration for me and my children/wards being permitted to participate in the Event, I waive, release and discharge the Event Organizers from any and all liability for my death, disability, personal injury, property damage, property theft or action of any kind which may accrue to me and my children/wards during the Event, while participating in activities related to the event, or during my traveling to or from the Event.  I intend this to be interpreted broadly as a release and waiver to the maximum extent permissible under applicable law. I further agree to indemnify and defend (including the payment of attorney’s fees and costs) the Event Organizers for the following types of claims arising out of or related to the Event: (1) claims brought by me; (2) claims related to injury to my person (including medical bills and subrogation), or damage or loss to my property which claims are brought by any person or entity who is not me; (3) claims that are alleged to have resulted from my conduct. This waiver and indemnification applies even in instances where my injury or my children’s/ward’s injury is solely caused by the negligence of an Event Organizer. This waiver and indemnification also includes situations where anyone else is injured where I, my children, or wards are partially or wholly responsible.

3.  Waiver of Children’s Claims and Indemnification Agreement. As consideration for me and my children/wards being permitted to participate in the Event, I waive, release and discharge the Event Organizers from any and all liability for my child or children’s death, disability, personal injury, property damage, property theft or action of any kind which may accrue to me and my children/wards during the Event, while participating in activities related to the event, or during my traveling to or from the Event.  I intend this to be interpreted broadly as a release and waiver to the maximum extent permissible under applicable law. I further agree to indemnify and defend (including the payment of attorney’s fees and costs) the Event Organizers for the following types of claims arising out of or related to the Event: (1) claims brought by me; (2) claims related to injury to my child(ren)’s person (including medical bills and subrogation), or damage or loss to property which claims are brought by any person or entity who is not me; (3) claims that are alleged to have resulted from my conduct. This waiver and indemnification applies even in instances where my injury or my children’s/ward’s injury is solely caused by the negligence of an Event Organizer. This waiver and indemnification also includes situations where anyone else is injured where I, my children, or wards are partially or wholly responsible.

3. Consent and Assumption of Risks. I acknowledge that participating in a bounce house activity is a potentially dangerous activity and carries with it the potential for injury and/or property loss. These risks are caused by many factors including but not limited to: equipment conditions, weather conditions, the conduct of others participating in the activity, and my own or my children’s/ward’s actions. I further acknowledge that this event may include activities, equipment, and facilities which carry their own risks. Children and wards are also subject to these risks. I hereby assume all risks of participating, viewing, and/or volunteering in this event. I realize that liability may arise from negligence or carelessness on the part of the Event Organizers and hereby release them of all possible liability. This Consent and Assumption of Risk runs to the benefit of the Event Organizers and not third parties.

4. Representations. I represent that I am over the age of 18. I represent that I am in good health and that my children/wards are in good health, and that we will follow all applicable laws and regulations while participating in the Event. I understand that the Event Organizers have no obligation to me to check my health, fitness, conduct or anything else which may impair my or my children’s/wards’ ability to participate safely in the event.

5. Media Release. I understand video and photographs may be taken of the Event and that I and my children/wards may be in such video and photographs. I grant the Event Organizers, sponsors, and supporters an unlimited and irrevocable license to use video and photographs of the event that include my likeness, image, voice or those of my children/wards. I understand and agree that the Event Organizers may use such video and images, including derivatives thereof, in print and on online platforms, including social media platforms such as Facebook and on websites not associated with social media. I waive any claim against the Event Organizers arising out of the use of such video and images, including derivatives thereof, including claims for invasion of privacy and the right of publicity.

SPECIFIC ACKNOWLEDGMENT AND ASSUMPTION OF THE RISK. I acknowledge and understand the RELEASE, WAIVER AND AGREEMENT TO INDEMNIFY provision is broad and includes the following:

Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties. I agree that I and my children/wards will be responsible for our own social distancing and face coverings and that if we feel uncomfortable, we will leave. I agree that injury derived from COVID-19 is contemplated in the RELEASE, WAIVER AND AGREEMENT TO INDEMNIFY paragraph above; and
Participation in an event includes the risk of injury and harm. I hereby acknowledge the risk of injury, harm and loss associated with the Activity. I agree that injury caused by bounce house use, participation in activities and games such as, but not limited to, jousting, planning the activity, and management and leadership of the activity, is contemplated in the RELEASE, WAIVER AND AGREEMENT TO INDEMNIFY paragraph.

GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the state of Nevada, without regard to its conflict of laws principles.

SEVERABILITY: If any provision of this Agreement is found to be unenforceable, such provision will be deemed void, but will not affect the remaining provisions of the Agreement, which shall remain in full force and effect.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Participant and the Organizers with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

IN WITNESS WHEREOF, the Participant has executed this Waiver and Indemnification Agreement as of the date first above written.