1. Waiver and Release. Participant covenants not to sue and does hereby release, forever discharge, defend and hold harmless the Released Parties from any and all liability, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to Participant's participation in the Activities. Participant understands and acknowledges that this Release discharges the Released Parties from any liability or claim that the Participant may have against the Released Parties with respect to any bodily injury, personal injury, illness (including but not limited to COVID-19), death or property damage that may arise out of, occur during or result from Participant's participation in the Activities, regardless of whether caused in whole or in part by an act or omission of a Released Party. Participant also understands that, except as otherwise agreed to by a Released Party in writing, the Released Parties do not provide any medical, health or disability insurance coverage for any Participant.
2. Medical Treatment. Participant hereby authorizes each employee, volunteer, staff member and independent contractor of RDA: (1) to act on Participant’s behalf in providing first aid and securing all appropriate medical treatments for Participant in the event of injury or illness to Participant; and (2) to act on Participant’s behalf in accepting financial responsibility (which shall be borne solely by Participant) for all first aid and medical treatment secured for Participant. Participant covenants not to sue and hereby releases, discharges, defends and holds harmless the Released Parties from any claim, demand or cause of action whatsoever arising out of or relating to any first aid or medical treatment rendered in connection with the Participant's participation in the Activities.
3. Assumption of the Risk. Participant understands that the Activities may involve activities that may be hazardous to the Participant, including but not limited to, dancing, leaping, running, partnering, travel to and from locations where the RDA is presenting the Activities, potential exposure to employees, volunteers, or other individuals, including members of the public, who may be infected with COVID-19, and Participant understands that the Activities may involve inherently dangerous risks. Participant hereby expressly and specifically assumes the risk of damage, injury, harm or death in connection with the Activities.
4. Age. Participant hereby certifies that as of the date of signing this Release, Participant is 18 years of age or older. OR If Participant is under 18 years of age, this Release must be signed by a Parent or Legal Guardian. The signature of an individual in the Parent/Guardian signature block below certifies that he or she is the Parent or Legal Guardian of Participant with full legal authority to bind Participant and the Parent or Legal Guardian to the terms of this Release.
5. Media Release. Participant hereby grants and conveys unto RDA all right, title and interest in any and all photographic images and video or audio recordings made by or for RDA during Participant’s participation in the Activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
6. Rules. Participant agrees to observe and obey all posted rules and warnings and agrees to follow any oral and/or written instructions or directions given by RDA, and/or its directors, trustees, officers, employees, volunteers, agents, representatives as well as the directors, trustees, officers, employees, volunteers, agents or representatives of Wright State University. Participant further agrees to pay for all damages to the facilities of Wright State University caused by Participant’s negligent, reckless, or willful actions.
7. Governing Law. Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and that this Release shall be governed by and interpreted in accordance with the Laws of the State of Texas without giving effect to its conflict of laws rules. Participant agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. Participant agrees that the sole and exclusive jurisdiction and venue for litigation between Participant and RDA shall be a state or federal court having jurisdiction over Harris County, Texas.