Waiver
Awareness and Assumption of Risk - Participant understands that there are risks associated with the activities, but nevertheless knowingly, freely, and voluntarily agrees: (a) to participate in the activities, and (b) assumes and accepts the risks of all injury, death, property damage or loss, financial obligation, loss of privacy, loss of reputation, and all other injuries and other consequences, whether known or unknown, whether foreseen or unforeseeable, and whether incurred on City of South Miami Property or elsewhere, that may result, directly or indirectly, from the activities.
Waiver - In consideration of their participation in the activities, the participant (including his/her/their heirs, next of kin, personal representatives and assignees) forever releases, remises, discharges and agrees to save and hold harmless and indemnify the City of South Miami, its officials, employees, and contractor (all are “South Miami Parties”), of and from all liability, claims, actions and possible causes of action whatsoever, including but not limited to any claims arising out of or based upon the negligence of any South Miami Parties, that may accrue to the participant (including his/her/their heirs, next of kin, personal representatives and assignees) from every and any loss, damage, physical or mental injury (including death) that may be sustained by the participant and his/her/their property, or to any third party or any third party’s property, in any way in connection with the Activities.
Release - Participant consents and approves South Miami Parties’ use of his/her/their image, voice, name, and story, and of any works that may be created in connection with the activities (collectively, the “Materials”) in the City’s digital and print promotional, fundraising, educational, and other communications, and grants the City all copyrights in, and waives any legal claims relating to any such Materials, including those relating to copyright, rights of publicity or privacy, or defamation, or arising from any distortion, blurring, or alteration that may occur in the making, editing, or use of the Materials.
Rules - Participant has read, heard, and understood all of the rules, requirements, and conditions of participating in the activities, including any rules specific to the activities, and any additional stipulated by any of the South Miami Parties (all such rules, requirements, and conditions are “Rules”). Participant voluntarily and without duress agrees to abide by the Rules together with any subsequent decision made by any of the South Miami Parties, for the period of his/her/their participation in the activities. The City, or any of the South Miami Parties, reserves the right to amend the rules as necessary and will inform the participant accordingly. The participant acknowledges and understands that following the Rules is mandatory, and the City, or any of the South Miami Parties, reserves the right, at its sole discretion, to terminate a participant’s participation in the activities for non-compliance with the Rules or for any other reason. Participant understands and acknowledgers that he/she/they may be held personally liable for any damages to the City, any of the South Miami Parties, or any third parties arising in connection with any activities of participant that are in violation of the Rules.