Definitions:
“Agreement” shall refer to this Agreement.
“Organization” refers to The William Wallace Foundation, Braveheart Warriors, Braveheart Warriors Marching Club, Inc, including its past, present, and future officers; directors; agents; shareholders; advisors; sponsors; donors; partners; investors; heirs; legal representatives; successors; and assigns; and also including any affiliated, associated, parent, or holding corporations and legal entities.
“Activities” shall refer to Organization’s participation in, sponsorship of, or promotion of any event whatsoever, whether planned or publicized or not, including but not limited to parades; marches; appearances; media events; sporting events; meetings; gatherings; dinners; parties; socials functions; which may occur at any location at any time, and includes any form of transportation to or from such event.
“Participant” refers to an individual person who voluntarily participates in Activities sponsored by Organization, in particular and specifically, Participant is the individual who is accepting and agreeing to the terms of this Agreement.
“Materials” shall refer to anything used, created, developed, produced, licensed, sub-licensed, or owned by Organization, including but not limited to parade throws; customized beads, doubloons and medallions; buttons; favors; costume designs; wigs; make up designs; props; float and trailer designs; arrangements of music and use of musical instruments; dance moves; chants and fight songs; scripts, skits, or improvisations. “Materials” shall refer also to website designs and content; logos, contracts; agreements; lists; plans; ideas; instruction guides; or other items developed by or owned by Organization.
“Injury” shall refer to personal injury, bodily injury, property damage, damages, losses and/or death, fines, as well as any other personal or financial loss of any kind, whether direct, indirect, incidental or consequential that may arise from Participant’s participation directly or indirectly in Activities, or from Participant’s or Organization’s use of Materials.
“Fees” shall refer to payments made by Participants to Organization for participation in Activities.
Declarations:
Participant certifies that he/she is at least 21 years of age, has the legal authority to enter into Agreement, and is fully competent and capable to enter into Agreement. Participant asserts that he/she has read and agrees with Agreement in its entirety, that Participant is fully aware of Agreement’s contents and legal effects, and that Participant voluntarily and willingly, without coercion or duress, agrees to all Agreement terms and conditions.
Participant acknowledges that he/she is not suffering from any physical disability, medical condition, or illness that would affect his/her ability to participate in Activities in a safe manner.
Fees for participation in Activities are determined by Organization and may change at any time without notice. Organization reserves the right to decline Fees from any Participant and therefore refuse participation to anyone in any Activities at any time for any reason. Fees paid by Participant are not transferable to any other party unless approved in writing by Organization in advance. Participants will not allow, encourage, or knowingly assist any person not authorized and approved by Organization to participate in Activities.
The payment of Fees to Organization by Participant do not constitute a purchase of ownership, of membership, or of any voting or other rights in Organization. Payment of dues to Organization does not guarantee participation in any Activities. No employer-employee, partnership, joint venture, agency, hire, membership or other relationship exists between Organization and Participant from Agreement or from payment of Fees to Organization or from acceptance of Fees by Organization or from participation in Activities. Participant shall not represent himself as an agent of Organization nor shall Participant bind or enter into any agreement on behalf of Organization.
Participant agrees that Organization has no rain check, no rescheduling, and no refund of Fees policy for cancellations of Activities in situations beyond the control of Organization, including but not limited to “Acts of God”, force majeure, terrorism, thunder and electrical storms, hurricanes, earthquakes, tsunamis, tornadoes, floods, cyclones or other natural disasters, breakdowns in machinery, acts of governments, or other authorities, acts of war whether declared or not, hostilities, civil disturbances, strikes, pilferage, epidemics, quarantines, custom regulations, delays, including weather delays or cancellations of or change in itinerary or schedules.
Participant acknowledges that participation in Activities involves certain risks, including but not limited to the risks associated with parades, marchers, bands, floats, vehicles, animals, other Participants, public spectators, roads and surfaces, trees, buildings, or other obstacles or structures, and thrown items. Participant understands that Organization will not provide any safeguards, instruction, care, caution, training, recommendations, guidance, or expertise in order to eliminate dangers to Participant. Participant understands that Organization shall not provide personal safety or security of any kind to Participant. Participant acknowledges that he/she is solely responsibility for his/her personal safety and security.
Participant acknowledges that safe participation in Activities requires concentration, skill, good judgment and attention and agrees to use such at all times when undertaking Activities. Participant agrees not to make a claim or sue Organization for injury and Participant agrees to waive, release, and forever discharge Organization from any and all claims, causes of action, demands, or those causes relative to Injury, however these are caused, even if caused by the negligence of Organization in any form whether in whole or in part
Participant assumes all risks of Injury and agrees to indemnify and hold harmless Organization from any and all claims, causes of action, demands, losses, liabilities, damages, judgments, expenses, including attorney’s fees, in which any individual, including Participant, suffers personal injury, bodily injury, property damage, damages, losses and/or death, and any other personal or financial loss that may arise from Participants actions, negligence, or voluntary misconduct as a result of participating in Activities
Participant can be dismissed from Activities or from future participation in Activities at the sole discretion and judgment of Organization for any reason, including but not limited to public drunkenness or disorderly or disrespectful conduct of any kind and that no refund will be given. Participant agrees not do anything or to behave in any manner that would negatively impact the good reputation of Organization. Participant agrees to interact with guests, staff, volunteers and all persons associated with any Activities in a respectful manner at all times.
Participant agrees to wear only those costumes, wigs, props, makeup etc as authorized by Organization. Participant agrees to remain suitably and appropriately attired at all times, and to maintain acceptable personal hygiene, and not to shout profanities of any kind, nor to make obscene gestures of any kind. Participant agrees not to engage in lewd conduct of any kind nor to engage in any behavior that threatens the safety of anyone present at Activities, nor to engage in any behavior that is disruptive or interferes with the rights of anyone present at Activities. Participant agrees to represent Organization positively at all times
Agreement may be modified at any time by Organizers. Participant agrees to be bound by all terms and conditions in Agreement set forth by Organizers. Agreement cannot be modified orally, and a waiver of any provision in Agreement shall not be construed as a waiver of any other provision or as consent to any subsequent waiver of modification.
Participant grants to Organization the irrevocable right to use, record, broadcast, and distribute and to license and authorize others to use, record, broadcast and distribute, without further obligation or payment, Participant’s name, voice, likeness, performance and/or statements for any and all purposes at any time in any and all media now known or later developed, including without limitation exploitation by all forms of television (including but not limited to broadcast, cable, and other television type systems), radio, print and print media, videotape, audiotape, the Internet, on-line services and other telecommunications, wire, and/or computer drive media. Participant further acknowledges that nothing in this release shall obligate Organization to use Participant’s performance in any such program or further media.
Participant agrees to keep all Materials confidential and shall not disclose Materials to any party without approval of Organization.
If the distribution of items by Participant at Activities is approved by Organization, all throws and items distributed by Participant must be approved in advance by Organization. No other items may be distributed by Participant at any Activities.
Agreement may not be revoked, altered, amended, rescinded or voided without prior written consent of Organization.
By agreeing to Agreement, I hereby indemnify, defend, hold harmless, release, and forever discharge Organization from all claims, demands, actions, damages, or liabilities of any kind, incidental or consequential (“claims”), arising out of, or in connection with, my association, affiliation, or participation with Organization in any way, from my participation in any Organization event, including travel to and or from any event either as transportation provided by me or by or for Organization, from the costume provided or makeup worn, and also from any claims which may result from my actions or the actions of others.
I acknowledge that participation in public parades and marching events contain inherent risks and dangers, including falls, injury, or death, from marching or from motor vehicles or trailers or floats or vehicles of any kind as used in or around such events and I understand that there are risks from both participants and the public and that no security of any kind is provided. I acknowledge that I am legally, physically, mentally, and medically able to participate in this event. I acknowledge that my participation in events is subject to approval by Organization in its sole judgement and discretion, and that my participation fee shall be refunded if my participation is not approved. I acknowledge there is no guarantee that scheduled or advertised events will actually occur. I acknowledge that I may be removed from participation in events at any time for any reason without prior notice. I acknowledge that my failure to participate in events after making payment does not guarantee that I will receive a refund of fee. I agree not to distribute any throw, favor, or item that is not approved by Organization. I agree to obey all laws concerning alcohol consumption. I agree to remain respectful, responsible, decent, and orderly during all participation with Organization. I also consent to video, social media posts and photographs to be taken of me for use in Organizations publicity or other media and I understand that I will not receive any compensation for such use.
I acknowledge that the costume I am provided and shall wear during participation with Organization is the copyrighted design and property of Organization, is for rental only, and will not be used except for Organization authorized events. I agree to return the entire costume undamaged within 48 hours after the event or notify a representative of Organization of other arrangements to have costume picked up from me. Otherwise I will be charged an additional amount to repair costume or replace missing items of costume up to a maximum of $150. I also agree that in the event any provision of this liability waiver and release is declared or determined by any court to be invalid or unenforceable for any reason, the validity of the remaining parts, terms, or provisions shall remain in full force and effect. No part of this agreement may be modified except in writing and as authorized by Organization. By clicking this checkbox, and through my act of paying the event fee(s) or if no fee is charged to me then by my act of acceptance and agreement to particpate in said event, I acknowledge that I have read and agree to this release in its entirety and that I fully understand the contents, terms, meaning, and impact of this release, and represent that I am legally able to agree to all terms included in this release and agreement.
Printed Name:
Signature:
Date: