RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY AND HOLD
It is anticipated that I will be enrolled as a participant in the Rice Reps program (the “Program”) of the Arkansas Rice Federation, Inc. (“ARF”), and in connection with my enrollment and participation in the educational classes, programs, and scholarship opportunities of ARF, and having read and understood this Release, Assumption of Risk, Waiver of Liability and Hold Harmless Agreement (“Agreement”), I voluntarily agree to the following:
A. I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ARF, its directors, managers, officers, members, employees or agents (hereinafter referred to as “Releasees”), for any liability, claim, and/or cause of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, that occurs as a result of my enrollment in the educational classes and programs offered by ARF and my participation in any educational classes, programs, and scholarship opportunities offered by ARF.
B. I agree to INDEMNIFY AND HOLD HARMLESS the RELEASEES, from any loss, liability, damage or costs, including court costs and attorneys’ fees, that Releasees may incur due to my participation in any activity as part of my enrollment as a participant of the Program. The covenants in this paragraph apply whether the loss, damage or injury is caused by my negligence, the negligence of the Releasees or the negligence of any third party.
C. I have chosen to enroll in the Program offered by ARF and to participate in activities offered to me as a result of my enrollment in the Program for the purpose of my education, experience and development, and I freely accept all of the risks associated with such educational activities.
D. It is my express intent that this Agreement shall bind the members of my family and my spouse if I am alive, and my successors, heirs, assigns and personal representative if I am deceased, and shall be deemed a RELEASE, WAIVER, DISCHARGE and COVENANT NOT TO SUE the above-named Releasees.
E. I understand that by participating in the ARF educational classes and program activities I will ASSUME THE RISK of injury and damage from risks and dangers that are inherent in any such activity or activities.
F. I further agree that this Agreement shall be construed in accordance with the laws of the State of Arkansas, and I agree that any issue relating to this Agreement shall be resolved in Pulaski County, State of Arkansas.
G. In consideration of the use of my likeness, and for other good and valuable consideration herein acknowledged as received, I hereby freely and voluntarily consent to the use, publication and public display of my name and/or recipe(s) and/or image(s) and/or video(s) of me by ARF and its employees, successors, licensees, assignees and/or agents for any and all purposes, including, but not limited to promotional, advertising, education and trade purposes, through any medium or format, and for any purpose whatsoever. I give this authorization and release without expectation of compensation or based on any other inducement, promise or representation made by ARF or its employees, licenses, or agents.
H. I waive any right to see or approve any recording of my likeness and any materials in which my likeness is used. I agree and understand that my likeness may be modified and that my own name, a fictitious name, or no name may be used in association therewith.
I. I irrevocably release, discharge, and hold harmless ARF, and its affiliates, agents and contractors from any claims, demands, or causes of action that I may now have or may hereafter have for defamation, slander, libel, invasion of privacy or right of publicity, copyright infringement, or any other right arising out of or relating to the use of my likeness.
J. I understand and agree that, as related to the Program’s scholarship opportunities: (i) ARF is not responsible for lost, damaged or misdirected entries; (ii) Such entries will be judged as outlined by ARF and such decisions are final; (iii) Substitutions or transfer of prizes is not permitted; (iv) Contest is void where prohibited by law or company policy, and all federal, state and local laws and regulations apply; (v) By entering, winners agree that the prizes are awarded upon the condition that ARF and its members, have no liability whatsoever for any injuries, losses, or damages of any kind caused by any prize or resulting from acceptance, possession, or use of any prize; (vi) Proof of college enrollment must be verified before funds will be administered to scholarship recipient, or the college of his/her choice; and (vii) The scholarship(s) will be deemed voided if recipient(s) fail to enroll in an accredited college or university within 12 months.
K. I UNDERSTAND AND AGREE THAT UPON EXECUTION OF THIS RELEASE, THE RECIPE(S) AND/OR IMAGE(S) AND/OR VIDEO(S) USED IN CONNECTION WITH MY ENROLLMENT AND PARTICIPATION IN THE PROGRAM SHALL BECOME THE SOLE PROPERTY OF ARF, TO USE FOR ANY PURPOSE IN ITS SOLE DISCRETION.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT that I have read the foregoing Agreement, understand it, and sign it voluntarily. I further certify that I am legally competent to sign this Agreement, that I understand that the terms of this Agreement are legally binding, and that I am signing this Agreement only after having carefully read and understood the same.
If this waiver is delivered by any electronic means whatsoever and said delivery shall be of the same force and effect as the delivery of an original signature.