RELEASE & WAIVER OF LIABILITY
By selecting “Yes – I Agree” on onedaywithoutsound.org/blog/take-the-pledge/, the participant (“I” or “me”) confirms their desire to participate in the ONE DAY WITHOUT SOUND(SM) event (the “Event”) sponsored by the Miracle-Ear Foundation and its Event sponsors (collectively, the “Foundation”) and agrees to all the terms & conditions and release & waiver of liability, set forth below.
Terms and Conditions:
I acknowledge that I have full knowledge of the risks involved by participating in the Event. I further acknowledge that I have read and understand the Event information provided in the Frequently Asked Questions provided by the Foundation.
I AM AWARE AND UNDERSTAND THAT THE EVENT MAY INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE FOUNDATION OR OTHERWISE.
Waiver and Release:
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Foundation, and its officers, directors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Event, whether arising out of the negligence of the Foundation or any Releasees or otherwise. I covenant not to make or bring any such claim against the Foundation or any other Releasee, and forever release and discharge the Foundation and all other Releasess from liability under such claims.
I shall defend, indemnify and hold harmless the Foundation and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party, arising out or resulting from any claim of a third party related to the Event.
BY SELECTING “Yes – I AGREE”, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FOUNDATION.