Color Me RadTM Assumption of Risk and Warning of Risk Waiver and Release of Claims ("Assumption & Release")*Color Me Rad™ is a trademark of Color Me Rad, LLC
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF COLOR ME RAD, LLC, MIAMI DOLPHINS LTD., THE NATIONAL FOOTBALL LEAGUE, SOUTH FLORIDA STADIUM LLC, SOUTH FLORIDA FOOTBALL ASSOCIATES LLC, FIN ASSOCIATES, LLC, SOUTH FLORIDA FOOTBALL HOLDING LLC, SOUTH FLORIDA STADIUM HOLDING LLC, SOUTH FLORIDA SPORTS FOUNDATION, INC., DOLPHINS CYCLING CHALLENGE, INC., THEIR AFFILIATES, AND EACH OF THE FOREGOING’S SPONSORS, PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, VOLUNTEERS, AND EMPLOYEES (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS THE “RELEASEES”) AND THE EVENT’S PROVIDERS (AS DEFINED BELOW) USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I wish for the minor child/ward identified below (the "Child") and/or myself (if applicable) to participate in COLOR ME RAD ON FEBRUARY 2, 2013 (the “Event”), which is hosted by Miami Dolphins Ltd. (“MDL”) and/or certain Releasees or Providers (as defined below). Therefore, for good and valuable consideration – including the right to participate in the Event – the receipt of which is hereby acknowledged, I agree on behalf of myself and the Child as follows:
1. Legal Authority. I hereby represent and warrant that I am the parent or legal guardian of the Child, that I have the legal authority to agree to the Release on the Child's behalf. By clicking “I AGREE” below, I acknowledge that I FULLY UNDERSTAND AND AGREE to the terms of the Release and that the Release will apply to me and the Child, and to our heirs, personal representatives and assigns. I understand that I am agreeing this release as a condition to and in consideration of the participation of my minor child/ward in one or more noncontact skills course activities and/or interactive games (collectively “Physical Activities”). I hereby represent and warrant that I am at least 18 years of age and of sound mind and body, and I am legally capable of giving this release on my behalf and on behalf of the Child. I understand that, among other risks, there may be risks of injury or death to person and property while participating in the Physical Activities, including, but not limited to, severely strained, torn and pulled muscles; severely strained, torn, pulled and ruptured ligaments and tendons; cartilage damage; broken bones; contusions; injuries to the head, elbow, back, spinal cord, knee, foot and ankle; mental anguish; pain; suffering; paralysis; cerebral or cognitive injury; heart; lung or other internal organ injury and death. I represent and warrant that the Child is in good physical condition and that the Child has no medical condition which prevents him/her from participating in the Physical Activities. I understand that any injury which the Child may sustain during the Physical Activities may reduce or eliminate his/her ability to participate in other life functions.
2. Release of Liability. Therefore, for good and valuable consideration, receipt of which is hereby acknowledged, I fully and forever release and discharge the Releasees from any and all liability or claim resulting from dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the Physical Activities and which are not eliminated even if the Releasees act with due care in a reasonably prudent manner, that I and/or the Child may have now or in the future, or that any person claiming through me and/or the Child may have or claim to have now or in the future, in connection with or resulting from the Child’s participation in any of the Physical Activities. This agreement shall serve as a release and assumption of risk for me and the Child, as well as each of our heirs, executors, and assigns.
3. Treatment. I understand and agree that I will be responsible for the care and treatment of my minor child/ward in the event he/she sustains an injury during or as a result of his/her participation in the Physical Activities. I hereby acknowledge and understand that neither MDL nor any other party at the Event (collectively, “Providers”) has any obligation or duty to provide medical treatment for the Child in case of injury. Notwithstanding such absence of duty, as parent or legal guardian of the Child, I hereby give my consent to any Provider to seek, obtain, and provide emergency medical treatment for the Child in case of injury that occurs while participating in the Event or Event-related activities. This care may be given under whatever conditions are necessary to preserve life, limb, or well being of the child. I understand that such treatment will be sought and provided only in an emergency and that, based on the circumstances, reasonable efforts may be made to contact me before providing such treatment.
4. Consent to Use of Likeness. I understand that, during the course of or in connection with the Event, photographs, audio, video, and other recordings (the “Depictions”) may be taken of me or the Child, and that such Depictions may be posted on web sites or otherwise utilized to publicize the Event or generally promote MDL any Releasee or Porvider. I hereby consent to the taking and use of the Depictions with respect to myself and/or the Child in connection with the Event and to the royalty-free publication of such Depictions – whether digitally or in hard copy format – by MDL, any Releasee or Porvider.
5. Disclaimer of Warranties. RELEASEES MAKE NO WARRANTY THAT THE EVENT OR EVENT-RELATED SERVICES WILL BE SAFE, SECURE OR ERROR FREE AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
6. Applicable Law; Consent to Jurisdiction. I hereby agree that the laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to any and all disputes or claims relating in any way to the Event or the Release (including registration). I agree that jurisdiction for such disputes and claims relating to the Event or the Release shall lie exclusively in the courts of the Eleventh Judicial Circuit located in Miami-Dade, Florida and I agree and expressly consent to the exercise of personal jurisdiction in such courts. THE FOREGOING NOTWITHSTANDING, ANY DISPUTE WITH THE NATIONAL FOOTBALL LEAGUE OR ANY OF ITS AFFILIATES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF, AND I EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF THE STATE OF NEW YORK.
7. Severability. If any provision of the Release shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed to the most limited extent possible and shall not affect the validity or enforceability of any remaining provisions.
8. COPPA. I represent and warrant that, in compliance with Compliance with Children's Online Privacy Protection Act, I am over thirteen (13) years of age, and, if the Child is under thirteen (13) years of age, I am the parent of the Child and hereby consent to the collection of the Child's personal information by MDL. I acknowledge that any information I provide for myself and/or the Child is provided entirely voluntarily. I understand that MDL will take reasonable steps to protect any information that I may submit online or that MDL may collect during or in relation to the Event. I also understand that MDL cannot guarantee the security of any information provided or collected.
I HEREBY AFFIRM THAT I HAVE READ THIS AGREEMENT, AND THAT I FULLY UNDERSTAND ITS TERMS. I FURTHER AFFIRM MY UNDERSTANDING THAT, BY CLICKING “I AGREE” BELOW, I AM GIVING UP SUBSTANTIAL RIGHTS ON BEHALF OF MYSELF AND THE CHILD, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM ASSENTING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND THAT BY CLICKING “I AGREE,” I INTEND FOR MYSELF AND THE CHILD TO BE BOUND BY THIS AGREEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.
NAME OF CHILD/WARD (IF APPLICABLE)
NAME OF PARENT/LEGAL GUARDIAN (IF APPLICABLE)
NAME OF PARTICIPANT (IF APPLICABLE)
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DATE OF BIRTH OF PARTICIPANT