RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
The individual named below (referred to as "I" or "me") desires to participate in the GBAA "Takes on Tuscaloosa" Tailgate event (the "Activity") sponsored by the Greater Birmingham Apartment Association ("Association"), an Alabama non-profit (the "GBAA") 920 Paul William Bryant Drive Tuscaloosa, AL 35401 (the "Premises"). Considering being permitted by the Association to enter the Premises and participate in the Activity and recognition of the AssAssociation'sliance hereon, I agree to all the terms and conditions outlined in this agreement (this "Re" ease")."
I am aware and understand that the Activity is potentially dangerous and involves the risk of serious injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Association employees or others, including negligent emergency response or rescue operations of the Association.
I, at this moment, expressly waive and release any claims, now known or hereafter known, against the Association and its officers, directors, managers, employees, agents, affiliates, successors, and assigns (collect "very, "Re" eases") on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the negligence of the Association or any Releasees or otherwise. I covenant not to make or bring any such claim against the Association or any other Releasee and forever release and discharge the Association and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless the Association and all other Releasees against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Association or any other Releasees in a final non-appealable judgment, arising out of or resulting from any claim of a third-party related to my being on the Premises or participating in the Activity, including any claim related to my negligence or the negligence of the Association.
I, at this moment, consent to receive necessary medical treatment if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related
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to such medical treatment and any related medical transportation and evacuation. I now release, forever discharge, and hold the Association harmless from any claim based on such treatment or other medical services.
6. Photographic Release. I understand and agree that during the Activity, the Association may photograph and videotape me for internal and promotional use. I, at this moment, grant and convey to the Association all rights, titles, and interests, including but not limited to any royalties, proceeds, or other benefits, including such photographs or recordings, and consent to the Association's use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
7. This Release constitutes the sole and entire agreement of the Association and me concerning the subject matter contained herein. It supersedes all prior and contemporaneous understandings, agreements, representations, and written and oral warranties concerning such subject matter. Suppose any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction. In that case, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Association, me, and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed by the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only to Jefferson County, Alabama's federal and state courts. I, at this moment, consent to the exclusive jurisdiction of such courts.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ASSOCIATION.