ACKNOWLEDGMENT, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION
Riley Children’s Foundation, LLC (the “Foundation”) is hosting its 2024 Red for Our Kids at JPS Events (the “Event”) for the charitable benefit of the Foundation and Riley Hospital for Children at Indiana University Health (the “Hospital;” the Foundation and the Hospital are hereby collectively referred to as the “Corporations”). As consideration for the opportunity to volunteer for, participate in, or attend any and all related events and activities in connection with the Event, I (the “Attendee”) hereby affirm that I am at least 18 years old and I agree to be bound, or if I am not at least 18 years old, that my parent(s) or legal guardian(s) and I agree to be bound, by this Acknowledgment, Waiver, Release of Liability and Indemnification (the “Waiver”) and each of the following terms and conditions:
Voluntary Attendance and Participation: I/we understand and acknowledge that Attendee’s involvement in the Event is entirely voluntary and solely for Attendee’s own education, enjoyment and benefit and that Attendee may cease participation at any time.
Identification of Risks: I/we understand that Attendee’s involvement in the Event may involve potentially hazardous activities and carry certain risks, inherent or otherwise, which cannot be eliminated, including risks of injury and loss, both to person and to property, including minor injuries such as scrapes, bruises and strains, as well as more significant and catastrophic injuries such as concussions, broken bones, paralysis and death and possible exposure to and illness from infectious or communicable diseases including but not limited to MRSA, influenza and COVID-19. Some, but by no means, all of the risks include the above referenced physical demands, patent or latent premises or equipment conditions, known and unknown medical conditions, and the acts, omissions and negligence of others including attendees, participants and/or volunteers. For purposes of clarity, I/we understand that this Waiver is intended to address all risks of any kind associated with Attendee’s involvement in any aspect of the Event, including but not limited to risks created by actions, inactions, carelessness or negligence on the part of the Corporations and any of their parents, affiliates, related and/or subsidiary organizations, partnerships, companies and entities including, without limitation, Indiana University (“I.U.”), and their respective directors, trustees, governors, officers, sponsors, volunteers, employees and agents, including, without limitation, the Board of Trustees of I.U., the Foundation’s Board of Governors and officers, and the Hospital’s Board (together, the “Released Persons”).
Assumption of Risks: I/we realize that there may be other risks not known to Attendee or not readily foreseeable, but I/we accept all such risks, whether or not identified, and I/we assume all responsibility for any liability, injury, losses and damages which Attendee may suffer as a result of or in any way connected with Attendee’s involvement with, or attendance at the Event.
Release and Waiver: I/we release and discharge the Released Persons from any and all liability for and waive any and all claims for injury, loss, damage, or expense, including attorneys’ fees, in any way connected with my involvement in the Event (a “Claim”). This release applies even if the Claim is alleged to have been caused in whole or in part by the negligence or other misconduct of any of the Corporations or any of the Released Persons.
Indemnification: I/we agree to indemnify, defend and to otherwise hold harmless (in other words, to reimburse and to be responsible for) the Released Persons from and against all Claims (including without limitation the cost of defending any such Claim) in any way connected with or arising out of Attendee’s involvement in the Event (including Claims relating to Attendee’s actions while under the influence of alcohol or any other substance served or made available in connection with the Event). This obligation to indemnify, defend and hold harmless applies even if the alleged Claim is asserted to have been caused in whole or in part by the negligence or other misconduct of any of the Corporations or any of the Released Persons. I/we understand that this indemnification includes without limitation both third-party Claims and Claims Attendee might make, or that might be made on Attendee’s behalf, that are released or waived by this Waiver.
SOLE NEGLIGENCE OF OTHERS. I/WE UNDERSTAND AND AFFIRMATIVELY ACKNOWLEDGE THAT ATTENDEE IS RELEASING CLAIMS AGAINST OTHERS AND AGREEING TO INDEMNIFY OTHERS FOR ACTS THAT MAY ARISE SOLELY FROM THE MISCONDUCT OF THOSE THAT ATTENDEE IS RELEASING AND/OR INDEMNIFYING.
Medical Treatment Authorization: In the event Attendee becomes injured or ill during the Event, I/we authorize the Foundation to secure first aid and/or the services of any legally qualified physician or hospital and I/we agree to assume any financial obligations incurred therewith. However, I/we acknowledge that the Foundation is not responsible for and has no duty to provide any first aid, medical treatment or other assistance.
Rules Acknowledgment: I/we acknowledge that Attendee has been apprised of and agree to abide by the Event rules and policies and procedures in effect at any time during my/our involvement with the Event.
Damage Responsibility: I/we agree that I/we will be financially responsible for any damage Attendee causes during the Event, including to the Event premises or any equipment or property used in the Event, whether accidental or intentional.
Binding Effect: This Waiver shall be binding upon and inure to the benefit of Attendees’ relatives, heirs, next of kin, executors, administrators, beneficiaries, personal representatives, successors, and assigns who might pursue any legal action or claim for such liability, injury, loss or damage.
General Provisions: The headings in this Waiver are used solely for convenience and shall not be deemed to limit the subject of the provisions of the Waiver or be considered in their interpretation. If any term or provision of this Waiver, or the application thereof to any persons or circumstances, shall to any extent or for any reason be held invalid or unenforceable, the remainder of this Waiver and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of the Waiver shall be valid and enforceable to the fullest extent permitted by law.
Governing Law; Venue: This Waiver and all related proceedings shall be governed by and interpreted under the laws of the State of Indiana. I/we consent to any action with respect to this Waiver being brought only in the State and federal courts located in Marion County, Indiana. I/WE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT (INCLUDING MINOR’S RIGHT) TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT.
I/WE UNDERSTAND THAT THIS IS AN ACKNOWLEDGMENT, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION. I/WE HAVE READ THIS ACKNOWLEDGMENT, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION AND FULLY UNDERSTAND ITS CONTENTS AND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT. I/WE AM/ARE AGREEING TO THIS ACKNOWLEDGMENT, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION VOLUNTARILY, FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE NOT STATED HEREIN; INTEND FOR IT TO BE A COMPLETE AND UNCONDITIONAL WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION TO THE GREATEST EXTENT ALLOWABLE BY LAW AND AGREE THAT IF ANY PORTION OF IT IS HELD INVALID, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.