WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE AGREEMENT
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT
By signing this Waiver, Release Of Liability, Assumption Of Risk, Indemnification and Covenant Not to Sue Agreement (“Agreement”), you relinquish your right to bring any claims or actions to recover any damages, losses or compensation against Kentucky Waterways Alliance Inc. (“KWA”), Ohio River Basin Alliance ("ORBA"), Ohio River Way ("ORW"), and the University of Louisville Christine Lee Brown Envirome Institute ("CLBE"), and their officers, employees, contractors, agents and representatives (collectively the “Released Parties”), as a result of any injury to person or property arising out of or related to your entry onto any of the following properties and voluntary participation in any of the following activities at the following sites (collectively, the “Project Site”):
- Kentucky International Convention Center, program activities, workshops, presentations, meals, and receptions
- Against the Grain Brewery and Public House, informal reception
- McAlpin Lock and Dam, carpooling, presentation, and walking tour
- Filson Historical Society, carpooling and presentation
- Louisville Metropolitan Sewer District, carpooling and walking tour of active construction site
- Louisville Metropolitan Sewer District, carpooling, presentation, and walkign tour
- River City Paddle Sports, carpooling, walking, and canoeing on the Ohio River
- Music Fund Cincinnati, walking tour of Louisville
- Portland Museum, carpooling and presentation
- Jeffersonville Township Library Foundation, carpooling and presentation
Acknowledgement of Risks. I fully understand that the Project Site may pose inherent risks, dangers, and hazards for me. I understand that these risks and dangers may be caused by the negligence of me, the Released Parties, the negligence of others working on the Project Site, the negligence of third parties, accidents, breaches of contract, the forces of nature or other causes, and I acknowledge that risks and dangers may arise from foreseeable and unforeseeable causes. I hereby assume all risk and danger and all responsibility for any losses and/or damages to person or property that may result from entry onto the Project Site.
Waiver, Release, Assumption of Risk, Indemnification and Covenant Not to Sue. In addition to the acknowledgments, waivers and releases discussed above, I hereby covenant not to sue and voluntarily agree to waive, release, indemnify and hold harmless the Released Parties, from any and all liability and claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claims which may arise out of entry onto and activity within the Project Site. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for any negligent acts or omissions by the Released Parties, in connection with entry onto the Project Site. I agree that if I or anyone on my behalf brings any claims or action which would be barred by this Agreement, the Released Parties will be entitled to recover from me the attorneys' fees and costs incurred in defending against that action, including the attorneys' fees incurred in presenting the defense of release.
Safety. I agree to take all reasonable precautions in connection with entry onto the Project Site and shall comply with all reasonable and generally accepted safety measures and with all applicable laws, ordinances, rules and regulations for the safety of any persons or property at the Project Site including, but not limited to other requirements which may become effective after the date of this Agreement.
Severability. I agree that in the event any provision of this Agreement is held or adjudicated to be contrary to any statute or law, or otherwise unenforceable, the remaining provisions of this document shall be enforceable to the fullest extent permitted by law including actions in contribution.
Miscellaneous. I have read the above and by signing agree that it is my express intent to release the Released Parties from any liability for personal injury, property damage or wrongful death caused by negligence or any other cause, except for willful, wanton, reckless or grossly negligent conduct. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for negligent acts or other conduct which may arise by any party in connection with entry onto the Project Site.
Photo Release of Liability. I hereby authorize the Released Parties to publish photographs or videos taken of me and use my likeness, in print, online, social media, and video-based marketing and publicity materials, as well as other publications. I hereby release and hold harmless the Released Parties from any reasonable expectation of privacy or confidentiality associated with the images or videos specified above. I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or videos or participation in company marketing materials or other publications. I acknowledge and agree that publication of said photos or videos confers no rights of ownership or royalties whatsoever. I hereby release the Released Parties, their contractors, employees, board members, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.