The individual named below (referred to as “I,” “me” or the “Participant”) desires to participate in the Touch-A-Truck event, which includes but is not limited to climbing in and out of, touching, and exploring trucks and other vehicles (the “Activity”) hosted by Junior League of Tucson Inc., an Arizona non-profit corporation (the “Organization”) on April 6, 2024 in 2500 E. Ajo Way, Tucson, AZ (the “Premises”). In consideration of being permitted by the Organization to enter the Premises and participate in the Activity and in recognition of the Organization’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
1. Assumption of Risk. I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT THESE RISKS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF ORGANIZATION EMPLOYEES OR OTHERS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE ORGANIZATION. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE ORGANIZATION OR OTHERWISE.
2. Release and Waiver. I, on behalf of myself and my heirs, assigns, next of kin and representatives, hereby expressly waive and release any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, in law or equity, now known or hereafter known, against the Organization and its officers, directors, managers, employees, agents, affiliates, successors, and assigns, and each owner of the trucks and other vehicles used in the Activity (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of the Organization or any Releasees or otherwise. I covenant not to make or bring any such claim against the Organization or any other Releasee, and forever release and discharge the Organization and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Arizona law does not permit to be released by agreement.
I understand that by signing this release, I am waiving any and all claims of any kind arising out of or attributable to my engaging in the Activity including those claims that may be unknown to me, or which I do not suspect to exist at this time.
3. Indemnification. I shall defend, indemnify, and hold harmless the Organization and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Organization or any other Releasees arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of the Organization.
4. Medical Treatment. I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I am aware and understand that I should carry my own health insurance. I hereby release, forever discharge, and hold harmless the Organization from any claim whatsoever in connection with such treatment or other medical services.
5. Photographic Release. I understand and agree that during the Activities, I may be photographed and/or videotaped by the Organization, for internal and/or promotional use. I hereby grant and convey to the Organization, its successors, assigns and licensees, all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Organization's use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission. I hereby release the Organization, its successors, assigns and licensees, from any claim of any kind or nature whatsoever arising from the use of my image, including, but not limited to, those claims based upon defamation (including libel and slander) invasion of privacy, right of publicity, copyright or any other personal and/or property rights and agree that I will not now nor in the future assert or maintain any claim against the Organization, its successors, assigns and licensees.
6. Use of Personal Information. If I make a purchase or register for an event using www.juniorleagueoftucson.org/events-touch-a-truck the Organization will use my Personal Information to process and ship my order, or facilitate my attendance at an event and my Personal Information may also be used in connection with any support function in connection with my order or event registration.
7. Miscellaneous. This Release constitutes the sole and entire agreement of the Organization and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. I understand that this document is written to be as broad and inclusive as legally permitted by the State of Arizona. The provisions of this Release may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall insure to the benefit of the Organization and me and our respective successors and assigns.
8. Governing Law. This Agreement has been delivered at and shall be deemed to have been made in Tucson, Arizona and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with, the laws of the State of Arizona. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to the conflicts of law principles thereof that would result in the application of the law of a jurisdiction other than Arizona. Although I, for myself, and on behalf of the Releasing Parties, acknowledge and agree that I and they have waived all rights to bring any claim(s) against the Released Parties, I acknowledge and agree that any claim that I or they might nonetheless bring, and/or any and all other controversies, claims or disputes arising out of or related to this Agreement or the interpretation, performance or breach thereof, shall be brought only before the courts in the Pima County, State of Arizona.
9. Duration. The provision of this Release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of the Organization and Releasees, whether by agreement, by operation of law, or otherwise.
10. Severability. Each provision of this Agreement shall be considered severable and if for any reason any provision or provisions hereof are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid.
11. Electronic Signatures. The parties acknowledge and agree that this Agreement may be executed by clicking acceptance of an electronic copy of this Agreement, or via electronic signature, each of which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include electronically scanned and transmitted versions (e.g., via pdf) of an original signature.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ORGANIZATION.