1) Voluntary Participation. I understand and confirm that my participation in the 4MUS Xtreme Character Challenge (“Activity”) is voluntary.
2) Identification of Risks. I understand that my participation in the Activity may involve risk of injury and loss, both to person and to property. I also understand that the risk of injury may include the possibility of permanent disability and death. I understand that this Waiver, Release of Liability, Indemnification, and Consent to Medical Attention (“Waiver”) is intended to address all of the risks of any kind, whether known, unknown, anticipated, unanticipated, or otherwise, associated with my participation in any aspect of the Activity, or with the time I am involved in the Activity, including, but not necessarily limited to, such risks caused the acts, omissions, inaction, carelessness and/or negligence on the part of 4MUS, Vision of Hope, Inc., U2 Ranch, John Zelpst Property, Jim Eason Property and/or any of their officers, pastors, employees, representatives, agents, volunteers, successors or assigns (collectively 4MUS "Representatives"), including, but not necessarily limited to, risks created by the following:
(a) The use and condition of various modes of transportation, premises, facilities, and equipment utilized in the Activity;
(b) The lack or inadequacy of policies, rules, or regulations for the Activity;
(c) The failure of 4MUS or its Representatives to foresee or to protect me from actions, inactions, or negligence of any person, or the recklessness, intentional, or criminal misconduct of persons not affiliated with 4MUS;
(d) The inadequacy or unavailability of medical facilities or treatment during the Activity; or
(e) The lack or inadequacy of supervision by 4MUS or its Representatives.
3) Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, whether or not specifically identified in this Waiver, that are in any way related to my participation or involvement in the Activity. I accept personal responsibility for any liability, injury, loss, or damage arising out of my participation in the Activity.
4) Release and Waiver. I hereby release and forever discharge 4MUS and its Representatives from any and all liability or responsibility for any injury to person and property, loss, damage, or expense, including attorney’s fees, that I may suffer or incur arising out of or in any manner related to my participation or involvement in the Activity; whether or not caused, in whole or in part, by the acts, omissions, inaction, carelessness or negligence of 4MUS or its Representatives. I further waive any and all claims I might have now or may in the future develop for injury to person or property, loss, damage, or expense, including attorneys' fees, arising out of or in any manner related to my participation or involvement in the Activity, whether or not caused, in whole or in part, by the acts, omissions, inaction, carelessness or negligence of 4MUS or its Representatives (“Claim” or “Claims”).
5) Indemnification. I agree to indemnify and hold harmless 4MUS and its Representatives from any Claim or any expense, including attorneys' fees, in any manner connected with any Claim I might make, or that might be made on my behalf, that is released or waived by the terms hereof.
6) Binding Effect. This instrument shall be binding upon my relatives, personal representatives, heirs, beneficiaries, next of kin and assigns and shall ensure to the benefit of 4MUS and its Representatives.
7) Severability. If any provision (or portion of any provision) of this Waiver is held to be invalid or unenforceable, that provision shall be enforceable in part to the fullest extent permitted by law, and such invalidity or unenforceability shall not otherwise affect any other provision of this instrument.
8) Applicable Law. Because 4MUS is located in the State of Indiana, and in order to provide certainty in the law to be applied in the construction of this instrument, this instrument shall be governed, construed, and enforced in accordance with the laws of the State of Indiana.
9) Marketing Release. 4MUS may record on videotape, audiotape, or photograph, any participant at any time during the Activity, and may use the applicant’s name, voice, or testimonial without restriction for the future promotional purpose of 4MUS unless stated otherwise in writing.
10) Consent to Medical Treatment. I authorize 4MUS and its Representatives, if present, to provide to me, through medical personnel of their choice, customary medical assistance, transportation, and emergency medical services should I require such assistance, transportation, or services as a result of injury or harm related to my participation in the Activity. This consent is given in advance of any specific diagnosis, treatment, surgery, or medications, and is given to provide authorization and specific consent for medical/dental treatment and care on my behalf. This consent does not impose a duty upon 4MUS or its Representatives to provide such assistance, transportation, or services.
11) I certify that I have personal health insurance that provides coverage for medical services rendered to me, which insurance will provide coverage for me during the duration of the Activity. This coverage will insure me FULLY during the duration of the Activity. If I am traveling internationally, my health insurance includes FULL coverage in the foreign countries where I will travel, with no territorial limitations. I understand 4MUS provides no health plan and that all medical expenses incurred on my behalf are solely my responsibility.