Assumption of Risk and Waiver - Poker Run
I, the undersigned, in exchange for participating in the Poor Man Poker Run (hereinafter referred to as the “Poker Run”), hereby release, discharge and agree to hold harmless, Alabama Lake Wide Charities, Inc. and their current and former owners, officers, directors, members, trustees, shareholders, representatives, attorneys, predecessors, successors, parent companies, subsidiaries, affiliated companies, assigns, agents, contractors, employees, and insurers, including, but not limited to, any volunteers and partners of the event (hereinafter sometimes collectively referred to as the “Released Parties”), from any and all claims, demands, judgments, liens, costs, fees, expenses, causes of actions and any other expense, including, but not limited to, attorneys’ fees, arising from or relating to participation in the Poor Man Poker Run, including all claims for wrongful death, personal injuries, pain and suffering, medical expenses, lost wages, loss of services, loss of consortium, punitive damages, direct and indirect damages, and any and all claims arising under the law, whether in tort, equity or contract
This Agreement shall be binding upon, as appropriate, the successors, heirs, and assigns of the Releasing Parties. The Releasing Parties further expressly agree, represent, and warrant that all agreements and understandings, relating in any way to the subject matter of this Release, are expressed herein. The Releasing Parties further represent that there are no oral agreements or understandings of any nature whatsoever which contradict, vary, modify, supplement or add in any way to the expressed written terms of this Release. The Releasing Parties enter into this Release for the purpose of participation in the Poker Run.
The Releasing Parties agree they will not bring, commence, institute, maintain, prosecute, or voluntarily aid in any future action at law or proceeding in equity in any court, either affirmatively or by way of cross-complaint, defense, or counterclaim, against the Released Parties or their respective assigns, trustees, directors, officers, attorneys, employees, servants, affiliates, subsidiaries, stockholders, predecessors, or successors based upon any claim, demand, liability, cause of action, suit, debt, contract, agreement, promise, loss, damage, cost, or expense of any nature whatsoever, known or unknown, fixed or contingent, arising out of their participation in the Poker Run.
The Releasing Parties agree that this Release shall be construed according to the laws of the State of Alabama and that the terms hereof are contractual in nature and not mere recitals. Furthermore, if any provision of this Release shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. It is further agreed that a copy of any signature shall have the same effect as an original.
I HAVE READ THE AGREEMENTS SET FORTH HEREIN AND I FULLY UNDERSTAND THE TERMS OF EACH AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS FORM AND AGREEING TO SAID TERMS. I SIGN THIS FORM FOR MYSELF, ON BEHALF OF MY MINOR CHILD(REN) AND MEMBERS OF MY FAMILY, AND AGREE TO THESE TERMS FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT. I WILLINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.