I, on behalf of myself and any dependent(s), hereby acknowledge and agree to the following as a participant in the Pulling Together fundraising event (hereinafter the “Activity or Activities”) benefiting Ronald McDonald House Charities of Greater Las Vegas:
I understand pulling heavy equipment is a potentially hazardous activity, and I should not pull heavy equipment unless I am medically able and properly trained.
I assume all risks associated with participating in the Activity, including, but not limited to, falls, contact with other participants, the effects of weather, including high heat and humidity, traffic, and road conditions, all such risks being known and appreciated by me.
I agree to following all health and safety protocols, including wearing a facemask at all times and following social distancing guidelines, as instructed by the Pulling Together staff and volunteers and all federal, state, and local guidelines relating to COVID-19.
I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in the Activity.
I acknowledge and fully assume the risk of illness, injury, or death related to COVID-19 or my participation in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) Ronald McDonald House Charities of Greater Las Vegas, their owners, officers, directors, agents, employees, The City of Las Vegas, its Elected Officials, Officers, Agents, Employees and Volunteers, The Las Vegas Metropolitan Police Department, Angel Fire Department, Guardians Elite Medical Services, and all other sponsors, representatives, and successors and assigns (the “RELEASEES”) from any liability related to COVID-19 or any other illness or injury which might occur as a result my participating in the Activities.
I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury as a result of my participation in the Activities
It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Nevada. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
Media Grant, Assignment, Release and Waiver
I hereby forever grant to (i) Ronald McDonald House Charities, Inc., its affiliates, subsidiaries, franchises, advertising and promotional agencies, and their respective agents and representatives, any of its Chapter organizations (defined as an entity having the right to use Ronald McDonald House Charities, Ronald McDonald House, Ronald McDonald Family Room, and/or Ronald McDonald Care Mobile, or other trademarks for charitable purposes) (collectively, “RMHC”) and (ii) all of RMHC’s corporate partners (collectively, the “Partners”), including, but not limited to, McDonald’s Corporation, its affiliates, subsidiaries, franchises, advertising and promotional agencies, and their respective agents and representatives (collectively, “McDonald’s”, and together with RMHC and the Partners, the “Grantees”), the irrevocable, royalty-free, unrestricted worldwide right to use, publish, display, broadcast, edit, modify and distribute materials bearing my name, voice, image, likeness and/or any other identifiable representation of myself (collectively, “My Likeness”.). These materials may appear in any form, style, color or medium whatsoever now known or later developed (including, without limitation, photographs, videotapes, videos, digital media, films, sound recordings, software, drawings, prints, broadcast, internet and electronic media). The Grantee’s use of My Likeness will be limited to use involving raising awareness of or for support of RMHC.
I agree that all materials containing any My Likeness (including, without limitation, all negatives, plates and masters of any photographs, videos, recordings, files, prints or tapes) shall be and remain the sole and exclusive property of the Grantees, and I hereby assign any right I may have acquired in or to such material to the Grantees. I hereby release and forever discharge the Grantees from any and all claims, liabilities and damages relating to the use of My Likeness. I hereby waive any right I may have to inspect or approve the finished materials or any part or element thereof that incorporates My Likeness. I acknowledge and agree that if I committed or commit any act or have been or shall become involved in any situation or occurrence tending to bring myself into public disrepute, contempt, scandal or ridicule, or tending to shock, insult or offend the people of this nation or any class or group thereof, or reflecting unfavorably upon the reputation(s) of any Grantee (collectively, an "Act"), then RMHC reserves the right to immediately cease use of My Likeness without further notice due to me. I further understand and agree that any determination with respect to an Act shall be at the sole discretion of RMHC and shall be conclusive in all respects.
I have agreed to the above in consideration of the opportunity given to me by RMHC and/or McDonald’s to appear in these materials.
I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing, understand it and agree to it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
*Note: Refunds are not available unless capacity limits reached.