CHILL VOLUNTEER ASSUMPTION OF RISK, RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND WAIVER OF CLAIM AGREEMENT
This Agreement is entered into by and between the undersigned Volunteer, The CHILL Foundation (including its affiliates, “CHILL”), the program host site or event venue (the “Event”), and CHILL’s sponsors and their respective affiliates (collectively, “Sponsors”). Whereas, CHILL, in conjunction with the Event and the Sponsors, offers extraordinary, boardsport programs for youth, in addition to various annual fundraising events, for the purposes of this Agreement known and referred to hereinafter as the CHILL Program; and
Whereas, Volunteer is aware that despite supervision and instruction by CHILL Staff, instructors and other volunteers, boardsports (snowboarding, surfing, skateboarding, paddle-boarding) and related activities involve certain inherent risks, dangers and hazards that can result in personal injury and, in extreme cases, death. Further, Volunteer is aware of the man-made, natural and environmental conditions, and other risks which independently or in combination with any boardsport activity may cause or result in personal injury and, in extreme cases, death; and
Whereas, Volunteer acknowledges and agrees that participating in the CHILL Event and activities may involve certain inherent risks, dangers, and hazards that can result in serious personal injury, illness or death. Volunteer hereby freely agrees to assume and accept any and all known and unknown risks of injury while participating in the Event, including but not limited to injury or death caused by other participants, environmental features, wildlife, water, event volunteers, spectators, weather conditions and the effects thereof, and other equipment of any kind located on or around the Event. Volunteer further acknowledges and agrees that the risk can be greatly reduced by participating within Volunteer’s abilities and using common sense at all times; and
Whereas, Volunteer has voluntarily participated in the CHILL Event, and would like to participate in the CHILL Event despite all known and unknown risks of injury presented by participation in the CHILL Event; and
Whereas, Volunteer understands that THIS AGREEMENT IS A GENERAL RELEASE, COVENANT NOT TO SUE, AND WAIVER OF CLAIM AGREEMENT barring Volunteer from bringing any claim for any reason for personal injury and/or death which is in any way related to participation in any of the events and activities associated with the CHILL Event as well as boardsports; and
Now, therefore, for the sole consideration of being permitted to participate in the CHILL Event, Volunteer expressly and freely agrees as follows:
1. TO ASSUME ALL INHERENT RISKS OF THE SPORT OR EVENT that are obvious and necessary and all other risks of property damage, personal injury, serious personal injury and/or death arising from boardsports and practicing for and/or participating in the CHILL Event.
2. TO RELEASE FROM LIABILITY, COVENANT NOT TO SUE, DEFEND, AND HOLD HARMLESS CHILL, the CHILL program host sites, and event venues and their respective officers, agents, employees, directors, shareholders, affiliated entities, subsidiaries, sponsors, and insurers, as well as all CHILL, Chill program host sites and event venues' representatives and any and all CHILL Staff and Volunteers (all the aforementioned parties collectively referred to as “Released Party”), FOR ANY AND ALL LOSS, DAMAGE, INJURY, DEATH OR EXPENSE THE VOLUNTEER MAY SUFFER OR INCUR, which may also result from any prizes or products that may be awarded to the Volunteer (nor shall any such prizes or products be warrantied or guaranteed by Chill to the Volunteer), or that Volunteer’s next of kin may suffer or incur, as a result of Volunteer’s practicing for or participation in the CHILL Event, and to WAIVE ANY AND ALL CLAIMS AGAINST THE RELEASED PARTY DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE DUE TO ANY CAUSE WHATSOEVER, BREACH OF CONTRACT, OR BREACH OF DUTY OF ANY KIND ON THE PART OF THE RELEASED PARTY and any entity or person performing any function with respect to the CHILL Program.
3. EQUIPMENT. To be responsible for the return, in good condition, of all equipment loaned to Volunteer.
4. CHOICE OF LAW/VENUE. This Agreement shall be governed by, enforced under and construed in accordance with the laws of the State of Vermont without regard to Vermont’s conflicts of laws principles. The parties hereby consent to the personal jurisdiction of the federal and state courts located within the State of Vermont, U.S.A. and agree that the venue for all disputes shall be resolved in the State of Vermont.
5. SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions contained herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
6. BINDING EFFECT OF AGREEMENT. In the event of Volunteer’s death or incapacity, this Agreement shall be effective and binding upon Volunteer’s heirs, next of kin, executors, administrators, assigns and representatives.
7. MODEL RELEASE. That for the sole consideration of participating in the CHILL Event, Volunteer authorizes CHILL to record and use materials incorporating Volunteer’s name, audio and audio-visual recordings, or Volunteer’s name and likeness, photographs, statements or testimonials of Volunteer (collectively “Images”) in connection with marketing both the CHILL Event and certain products manufactured and/or distributed by CHILL. Volunteer acknowledges and agrees that each Image is and will be deemed to be a work made for hire as defined in the U. S. Copyright Act of 1976, as amended, 17 U. S. C. 101, and will be exclusively owned by CHILL. If for any reason an Image is not deemed to be a work made for hire, Volunteer hereby irrevocably assigns all right, title and interest in perpetuity worldwide in and to the Image, including the copyright and all other rights relating to the Image to CHILL. It is agreed and acknowledged that this Agreement confers on CHILL the exclusive right to display, exhibit, distribute, reproduce or authorize reproduction of the Images for all purposes, and to make derivative works, in any medium now known or later created. Volunteer further waives all privacy, publicity, defamation, and proprietary rights related to the Images. CHILL may transfer or license its rights hereunder without the consent of Volunteer.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES, INCLUDING CHILL, THE HOST SITE, THE EVENT VENUE, AND/OR THE SPONSORS.