A HEALTHY ALTERNATIVE “BIGGEST WINNER CONTEST” WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION AND CONSENT AGREEMENT
In exchange for the opportunity to participate in the “Biggest Winner Contest” described briefly below, I have read and agree to the terms below:
1. I know that participating in any health contest can be a potentially hazardous activity. I understand that I should not participate in this contest, sponsored by A Healthy Alternative (“AHA”) unless I have consulted a physician about my medical readiness to participate.
2. I understand that there are certain risks, including but not limited to bodily injury or death, inherent in participating in health contests, and I assume all risks associated with participating in the Contest (including but not limited to the fitness assessments and body measurements). Examples of such risks include, but are not limited to, equipment conditions or improper use of equipment leading to injury, falls, heart attack, stroke, death, exercise-induced asthma, strains and sprains, broken bones, frostbite, hypothermia, overheating, and injuries or illness as a result of contact with other participants or as a result of exercising or as a result of fasting in various forms.
3. I understand that participation in the contest is completely voluntary and I have the right to decline to participate. I do hereby give my full consent to participate in the contest.
4. I further understand that any expenses incurred as a result of any illness, injury or death sustained from participating in the contest shall not be the responsibility of AHA, its affiliates, subsidiaries, officers, directors, employees, committee members or agents.
5. In consideration of the opportunity to participate in the contest, I, for myself and my heirs, legal representatives, agents, executors, administrators, distributees, guardians, next of kin, spouse, successors, and assigns, release, absolve and forever discharge AHA and its affiliates, subsidiaries, officers, directors, employees, committee members, volunteers, contractors, representatives or agents (collectively the “Released Parties”) from any and all liability, loss, demands, damages, costs, expenses, claims, actions, or causes of action for injuries, losses or damages of any kind to persons or property, including death, sustained in whole or part, directly or indirectly in connection with, arising out of or resulting from my participation in this Contest, whether arising in tort or contract or other legal theory and at law or in equity, including, but not limited to, claims for negligence, product liability, damage(s) to person or property, compensatory, consequential or punitive damages, lost wages, equitable relief, attorneys’ fees and costs, all causes of action preserved by the wrongful death statute applicable, any loss of services and/or consortium, any injuries which may exist but which at this time are unknown and unanticipated and which may develop at some time in the future, all unforeseen developments arising from known injuries, infections, or conditions, that I, my heirs, legal representatives, agents, executors, administrators, distributees, guardians, next of kin, spouse, successors and/or assigns now have, or may have in the future, however caused, and I further acknowledge that said Released Parties have neither made, nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the Contest.
6. In further consideration of the opportunity to participate in the Contest, I, on behalf of myself and my heirs, legal representatives, agents, executors, administrators, distributees, guardians, next of kin, spouse, successors, and assigns, agree to indemnify and hold harmless the Released Parties from and against any liability, loss, demand, damage, cost, claim, action, cause of action, judgment or settlement which might be brought or entered against them as a result of my participation in the Contest. This indemnification shall include attorneys’ fees incurred in defending against any claim or judgment and incurred in negotiating any settlement.
7. I expressly agree that this Waiver, Release of Liability, Indemnification and Consent Agreement is intended to be as broad and inclusive as permitted by Federal and state law of the offended party, and that if any portion of it is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect. This Waiver, Release of Liability, Indemnification and Consent Agreement contains the entire agreement among the parties hereto as to its subject matter.