RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AGREEMENT, AND LIKENESS RELEASE AND WAIVER
CAUTION: READ BEFORE SIGNING – THIS DOCUMENT HAS LEGAL CONSEQUENCES!
IN CONSIDERATION of my participation in the archery competition (the “Activity”) organized by HHAUSA, Inc., a Wisconsin corporation which has its principal offices located at 1144 Larry Ave, Wisconsin Rapids, WI 54494 (“HHAUSA”), the undersigned agrees as follows:
1. Assumption of Risk. The undersigned participant hereby acknowledges that participation in the Activity INVOLVES RISKS, INCLUDING, BUT NOT LIMITED TO, THE RISK OF BODILY HARM, BODILY INJURY, DEATH, AND/OR PROPERTY DAMAGE, and therefore, the undersigned voluntarily assumes any and all risks relating to the undersigned’s participation in the Activity.
2. Waiver of Right to Bargain. The undersigned participant hereby waives his/her right to bargain for different waiver of liability terms. By signing below, the undersigned participant acknowledges that he/she is voluntarily participating in the Activity, and that, if the undersigned participant does not wish to accept the terms of this Release and Waiver of Liability Agreement (the “Agreement”), he/she is not compelled to do so and in that case would not participate in the Activity.
3. Release and Waiver of Liability. THE UNDERSIGNED PARTICIPANT FULLY AND FOREVER RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS AND COVENANTS NOT TO SUE HHAUSA AND ITS INSURERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS SUBSIDIARIES, AFFILIATES, SERVANTS, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS OR CAUSES OF ACTION OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT OR BY SUBROGATION, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH ARISE OUT OF THE UNDERSIGNED PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, WHICH INCLUDES, BUT IS NOT LIMITED TO, PROPERTY DAMAGE TO PROPERTY OF THE UNDERSIGNED PARTICIPANT, PERSONAL INJURY TO THE UNDERSIGNED PARTICIPANT AND/OR DEATH TO THE UNDERSIGNED PARTICIPANT.
4. Likeness Release and Waiver. I hereby irrevocably permit, authorize, grant, and license HHAUSA and its affiliates, successors, and assigns the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, liense, otherwise use, or permit others to use my name, image, likeness, appearance, voice, and other personal characteristics, and all materials created by or on behalf of HHAUSA that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures, and other print publications; electronic, magnetic, and optical media; motion pictures, television broadcast, cablecast, and satellite; home video and video on demand; radio broadcasts,; display, point-of-sale, and other advertising and promotional materials; press releases; the internet and other digital transmission or delivery methods; and mobile applications on any platform and for any purpose, including, but not limited to, advertising, public relations, publicity, packaging, and promotion of HHAUSA and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.
5. Governing Law. The parties hereby agree that the law governing this Agreement shall be the law of the state of Wisconsin without reference to conflicts of law principles.
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY. I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I WARRANT THAT I HAVE SIGNED THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I FURTHER WARRANT THAT I HAVE NOT CONVEYED, TRANSFERRED, AND/OR ASSIGNED ANY RIGHTS THAT I AM GIVING UP BY SIGNING THIS AGREEMENT. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AS DESCRIBED HEREIN TO THE GREATEST EXTENT ALLOWED BY LAW.
