MOUNTAIRE CORPORATION, MOUNTAIRE FARMS INC., MOUNTAIRE FARMS OF DELAWARE, INC. and MOUNTAIRE FARMS, L.L.C.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
MOUNTAIRE CARES PROGRAM EVENTS
1. In consideration for participating in one or more Mountaire Cares program events sponsored by Mountaire Farms, I CONVENANT NOT TO SUE and hereby RELEASE, WAIVE, and DISCHARGE Mountaire Corporation, Mountaire Farms Inc., Mountaire Farms of Delaware, Inc., and Mountaire Farms, L.L.C. and each of their officers, servants, agents, and employees (hereinafter referred to as “RELEASEES”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or other guest, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in any such activity, or while in, on or upon the premises where any of the activities is being conducted or in transportation to and from any of said premises.
2. I am fully aware that participation in each event is totally voluntarily. I understand that the Mountaire Cares program events and activities in which I may choose to participate may include, and may not be limited to, charitable meal packing and distribution events and community service projects such as landscaping, home and building repairs, power washing, and litter and debris clean-up. I acknowledge that the activities may carry with them the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by facilities, terrain, temperature, weather, condition of participants, equipment, vehicular traffic, and actions of other people including, but not limited to, other participants and/or organizers of the activities. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any of the activities. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or my guest(s).
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any and all losses, liabilities, damages and costs, including court costs and attorney's fees, that may incur due to my participation in any of said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
4. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind me and my guest(s). This shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Delaware.
5. I UNDERSTAND THAT NONE OF THE RELEASEES IS RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH AN INJURY SUSTAINED.
6. I understand that, while participating in any Mountaire Cares program activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Releasees, activity holders, producers, sponsors, organizers, and assigns. I understand that I am not required to sign this consent and am not entitled to any compensation or royalties with respect to the RELEASEES’ use of my likeness.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least sixteen (16) years of age and fully competent; and I execute this Waiver of Liability and Hold Harmless Agreement for full, adequate and complete consideration fully intending to be bound by same.
All volunteers/participants MUST be 16 years of age or older.
IN WITNESS WHEREOF, I have hereunto set my hand on this day: {today}