U.S.
CANINE BIATHLON® WAIVER AND RELEASE
In
consideration of my being permitted to participate in all activities conducted
in conjunction with the U.S. Canine Biathlon® (the “Activity”) hosted by American K-9 Detection Services, LLC (“AMK9”),
I hereby attest that, after reading this Waiver and Release completely and
carefully, I understand and agree as follows:
ASSUMPTION
OF RISK: I understand that my participation in the
Activity involves the risk of serious personal injury, illness, permanent
disability, dismemberment, and death, as well as the risk of severe economic
and property loss or damage. I understand these risks may result from the negligent
acts or omissions of myself or others (including but not limited to other participants
in the Activity and the Released Parties) or from the condition of any
property, facilities, or equipment used. I also understand that there may be
risks that are unknown to me and/or the Released Parties, and which may not be
reasonably foreseeable. My participation in the Activity is entirely voluntary,
and I acknowledge my option not to participate in the Activity if I deem it
unsafe, unreasonable, or imprudent. I assume all risks of loss, injury, or
damage of any kind or nature arising from or connected to my participation in
the Activity. I accept personal responsibility for any injury, including, but
not limited to, personal injury, disability, dismemberment, and death, illness,
damage, loss, claim, liability, or expense, of any kind or nature, that I or my
guests may suffer arising out of or in connection with my participation in the
Activity.
LIABILITY
RELEASE AND INDEMNITY: On my own behalf, and on behalf of my
heirs, agents, assigns, beneficiaries, executors, administrators, next of kin,
and guests, I hereby release, covenant not to sue, and forever discharge the Released
Parties of and from all liabilities, claims, actions, proceedings, demands,
suits, damages, costs, losses, or expenses of any kind or nature including
reasonable attorney’s fees and costs (“Claims”)
arising out of or in any way connected with my participation in the Activity,
and further agree to indemnify and hold each of the Released Parties harmless
from and against any and all such Claims including, but not limited to, all
attorneys' fees and disbursements up through and including any appeal. I
understand that this Release and indemnity includes any Claims based on the
negligence, action, or inaction of any of the Released Parties and covers
bodily injury (including death), property damage, and loss by theft or
otherwise, whether suffered by me before, during, or after such participation.
For the purposes of this Waiver and Release, the “Released Parties” are AMK9, its subsidiaries, business units,
affiliates, lateral companies, parent companies, past and present, its predecessors
and successors and its respective officers, directors, managers, members,
employees, agents, legal counsel, shareholders, trustees, joint venturers,
partners, successors and assigns, past and present.
PHYSICAL
CONDITION: I hereby certify that I am in good health,
mentally capable, and physically fit for participation in the Activity; have
the skill level required in conjunction with the Activity, and have not been
advised otherwise.
PUBLICITY
RIGHTS: I grant the Released Parties the right to
photograph, record, and/or video me and further to display, edit, and/or
otherwise use my name, face, likeness, voice, and appearance, in all media,
whether now known or hereafter devised, (including, without limitation, in
computer or other device applications, online webcasts, television programming,
motion pictures, films, newspapers, and magazines) and in all forms including,
without limitation, digitized images or video, throughout the universe in
perpetuity, whether for advertising, publicity, or promotional purposes,
including, without limitation, publication of Activity results and standings,
without compensation, residual obligations, reservation or limitation, or
further approval, and I agree to indemnify and hold harmless the Released
Parties for any Claims associated with such grant and right to use.
ARBITRATION:
I SPECIFICALLY,
IRREVOCABLY, AND UNCONDITIONALLY WAIVE THE RIGHT TO TRIAL BY JURY. Instead, any
controversy or Claims arising out of or relating to this Waiver and Release or
my participation in the Activity shall be settled by arbitration administered
by the American Arbitration Association (the “AAA”) in accordance with its
Commercial Arbitration Rules then in effect, except to the extent such rules
vary from the following provisions.
Notwithstanding, the parties hereto may seek interim, provisional,
injunctive, or other equitable remedies in courts of appropriate jurisdiction
until the arbitration award is rendered, and the seeking of such relief shall
not be deemed a waiver of the right to compel arbitration of a dispute
hereunder. The arbitration shall be
conducted by one independent and impartial arbitrator, appointed by the AAA
(the “Arbitrator”). The arbitration
proceedings shall be held in Troup County, Georgia unless the parties agree to
another location. The Arbitrator shall
have the authority to award any remedy or relief that a court of competent
jurisdiction could order or grant, including, without limitation, the issuance
of an injunction. The Arbitrator's award shall be in writing, signed by the Arbitrator
and delivered to the parties and shall contain a concise statement regarding
the reasons for the disposition of any claim. To the extent permissible under
applicable law, the award of the Arbitrator shall be final. Except as necessary in court proceedings to
enforce this arbitration provision or any award rendered hereunder, for tax
purposes, legal purposes, or to obtain interim relief, neither party hereto nor
the Arbitrator may disclose the existence, content, or results of any
arbitration hereunder without the prior written consent of both Parties hereto.
The judgment of the award rendered by the Arbitrator may be entered in any
court having jurisdiction thereof. These
arbitration provisions shall be enforced to the fullest extent permitted by
applicable law.
GOVERNING
LAW: Irrespective of the actual place of execution
of this Waiver and Release, except for arbitration, this Waiver and Release
shall be governed by and interpreted under the laws of the United States of
America and the State of Georgia with the mandatory, exclusive jurisdiction and
venue for any legal action relating to or arising out of this Waiver and
Release shall lie solely, specifically, and exclusively in the U.S. Federal
courts in the Middle District of Alabama, Eastern Division or, when
appropriate, in the State Circuit Court in and for Lee County, Alabama. I hereby irrevocably consent to mandatory,
exclusive jurisdiction and venue in those courts.
I
HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT
I HAVE GIVEN UP RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT
INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW
AND AGREE THAT IF ANY PORTION OF THIS WAIVER AND RELEASE IS HELD TO BE INVALID,
THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
I, as parent or guardian of the above minor under 19 years of age,
hereby consent on behalf of said minor, to the terms and conditions set forth
in this Waiver and Release.
