Release and Waiver
This Release and Waiver (this “Release”) executed as of the date of submission by the undersigned (the “Participant”), in favor of Roanoke Valley Convention and Visitors Bureau, a Virginia nonstock corporation, and its directors, officers, employees, and agents (collectively, “VVBR”).
Participant hereby freely and voluntarily executes this Release for the benefit of VVBR under the following terms and conditions:
Voluntary Participation: Participant understands that executing and delivering this Release to VVBR is a condition to its purchase, acquisition, or other use of an expo space or team parking space for the USA Cycling Endurance Mountain Bike National Championships (“Event”) and is undertaken knowingly and voluntarily.
Identification of Risk: Participant understands that participation in the Event may involve risk of injury or loss both to person and property. Participant also understands that this Release is intended to address all risks of every kind associated in Participant’s participation in the Activities, including such risks that may be created by the action, inaction or negligence of VVBR. There may be risks not known or not reasonably foreseeable as of the date of this Release. The failure of VVBR to foresee or protect Participant from the actions, inactions, recklessness or intentional or criminal misconduct of others, will not create any liability on the part of VVBR, to the extent permitted by law.
Assumption of the Risk: The Participant understands that its participation, attendance, or other activities related to the Event be hazardous to the Participant and may involve contact with unfamiliar or unidentified persons to Participant. TO THE EXTENT PERMITTED BY LAW, PARTICIPANT HEREBY EXPRESSLY AND SPECIFICALLY ASSUMES THE RISK OF INJURY OR HARM IN THE EVENT AND RELEASES VVBR FROM ALL LIABILITY FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE RESULTING FROM OR RELATED TO THE EVENT OR PARTICIPANT’S ATTENDANCE OR PARTICIPATION THEREWITH.
Release and Waiver: PARTICIPANT, FOR ITSELF AND ITS HEIRS, BENEFICIARIES, PERSONAL REPRESENTATIVES, AND EXECUTORS, HEREBY IRREVOCABLY RELEASES AND FOREVER DISCHARGES AND HOLDS HARMLESS VVBR AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY, LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR NATURE (INCLUDING ANY RIGHTS OF PRIVACY OR RIGHTS OF PUBLICITY), EITHER IN LAW OR IN EQUITY, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE EVENT OR OTHERWISE RELATED TO OR IN CONNECTION WITH THE PARTICIPANT’S RELATIONSHIP VVBR. PARTICIPANT UNDERSTANDS THAT THIS RELEASE DISCHARGES VVBR FROM ANY LIABILITY OR CLAIM THAT THE PARTICIPANT MAY HAVE AGAINST VVBR WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE THAT MAY RESULT FROM THE EVENT OR OTHERWISE RELATED TO OR IN CONNECTION WITH PARTICIPANT’S RELATIONSHIP WITH VVBR, WHETHER CAUSED BY THE NEGLIGENCE OF VVBR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR OTHERWISE. PARTICIPANT ALSO UNDERSTANDS THAT VVBR DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO LIFE, MEDICAL, HEALTH, OR DISABILITY INSURANCE IN THE EVENT OF DEATH, INJURY OR ILLNESS.
Media Release: Participant hereby irrevocably grants VVBR the absolute right and permission to publish, release, broadcast, and reproduce, or otherwise use Participant’s name, voice, photograph and/or likeness for any and all advertising, promotional, or other use based upon or derived from the Participant’s attendance or other participation in connection with the Event in any manner, in any medium whatsoever, and for any and all purposes without compensation. Participant further irrevocably grants VVBR all right, title and interest in any and all images, video, or audio recordings made by VVBR in connection with the Participant’s attendance or other participation at the Event, and forever waives and disclaims any right to compensation including, but not limited to, any royalties, proceeds or other benefits derived from the foregoing.
Other: Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Virginia, and that this Release shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia. Participant agrees that in the event that any clause of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause shall not otherwise affect the remaining clauses of this Release which shall continue to be enforceable. Participant understands VVBR is expressly relying upon all of the foregoing, and Participant further represents and agrees it is legally capable and authorized to grant the rights granted to VVBR hereunder.
IN WITNESS WHEREOF, Participant has executed this Release as of the day and year first above written.