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WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT THE BOSTON PIZZA WARS TOURNAMENT
1. In consideration for receiving permission to participate in the Friends of Boston Pizza Wars games, or other activities, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, the Friends of Boston Pizza Wars, it’s officers, agents, servants, employees, or promotors (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 any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
2. I am fully aware of the unusual risks involved and hazards connected with this activity, including but not limited to personal injury risks and/or property damage risks. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that my be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
4. I understand that the Friends of Boston Pizza Wars does not maintain any insurance policy covering any circumstance arising from my participation in this event or any activity associated with or facilitating that participation. As such, I am aware that I should review my personal insurance portfolio.
5. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and 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 Maryland, regardless of where this Waiver of Liability and Hold Harmless Agreement is executed.
6. I understand and agree that any dispute arising under this agreement shall be arbitrated, in accordance with the rules of the American Arbitration Association, or a comparable alternative dispute resolution organization chosen by the RELEASEES. I hereby waive any right to a trial, by jury or a court, in any dispute arising under this Waiver of Liability and Hold Harmless Agreement.
7. I grant to the RELEASEES the irrevocable and unrestricted right to use and publish photographs, video, and statistics including my name of me, or in which I may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release the RELEASEES and their legal representatives and assigns from all claims and liability relating to said images.
8. 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'm fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.