RELEASE OF LIABILITY WAIVER, ASSUMPTION OF RISK,
AND PHOTO/STORY CONSENT
The individual named below (referred to as "I" or "me") desires to receive emotional and physical assistance and support services, including but not limited to such tasks as mentorship (Big Sister Program), wigs, care kits, meal prep, nutrition consultation, bill payment assistance, prayer, etc. ("Services") from My Sister’s Keeper Cleveland, an Ohio nonprofit corporation with offices located at 16000 Euclid Avenue, Cleveland, Ohio 44115 (the "Nonprofit"). In consideration of being permitted by the Nonprofit to accept the Services and the intangible value that I will gain by accepting the Services, and in recognition of the Nonprofit's reliance hereon, I agree to all the terms and conditions set forth in this Release of Liability, Waiver, Assumption of Risk, and Photo/Story Consent (this "Release").
Assumption of Risk and Waiver
I AM AWARE AND UNDERSTAND THAT THE SERVICES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE NONPROFIT, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE NONPROFIT. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY ACCEPTING THE SERVICES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ACCEPTANCE OF THE SERVICES, WHETHER CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THE NONPROFIT OR ANY OTHER PARTICIPANT OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Nonprofit, and its officers, directors, employees, agents, volunteers, successors, and assigns (collectively, "Releasees"), for any injury, disability, death, or property damage arising out of or attributable to my acceptance of the Services, whether arising out of the negligence of the Nonprofit, any Releasees, or any other participants, to the fullest extent permitted by law. I covenant not to make or bring any such claim against the Nonprofit or any other Releasee, and forever release and discharge the Nonprofit and all other Releasees from liability under such claims. This waiver and release does not extend to claims for willful and wanton misconduct or any other liabilities that Ohio law does not permit to be released by agreement.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my receipt of the Services. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Nonprofit and all other Releasees from any claim based on such treatment or other medical services.
Photo and Story Release
In addition to receiving the Services, I acknowledge that My Sister’s Keeper is a nonprofit organization that raises awareness, applies for grants, and promotes its mission through the stories and experiences of those it serves. By signing below, I consent to the use of my personal story and/or image (including photographs, videos, or written testimony) by My Sister’s Keeper in promotional materials, social media, grant applications, and other forms of communication used to raise awareness and support for its programs.
I understand that by sharing my story and/or image, I am contributing to a greater cause that seeks to uplift and support individuals like myself who are navigating the challenges of cancer and cancer recovery. I authorize the Nonprofit to use my story, name, and image for these purposes without any compensation to me, and I waive any right to inspect or approve the final use of such materials.
I also acknowledge that my participation is voluntary, and I may choose not to share my story or image by informing the Nonprofit in writing. Should I choose not to participate, this decision will not impact my eligibility for Services.
General Provisions
This Release constitutes the sole and entire agreement of the Nonprofit and me with respect to the subject matter contained herein. Any prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter, are invalid and nonbinding on the parties. If any provision of this Release is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect as if this agreement has been executed without the invalid provision. This Release is binding on and shall inure to the benefit of the Nonprofit, its successors and assigns, and me and my heirs, beneficiaries, and personal representatives. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule, whether of the State of Ohio or any other jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in CUYAHOGA COUNTY, Ohio, and I hereby consent to venue in, and the exclusive jurisdiction of, such courts.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE RIGHT TO SUE THE NONPROFIT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.