Volunteer Registration & Release and waiver of liability

 

 

This VOLUNTEER RELEASE AND WAIVER OF LIABILITY (this "Release") is executed in favor of Geronimo Sports & Entertainment Group, LLC, a limited liability company organized and existing under the laws of the State of Wisconsin, and its members, directors, officers, employees, volunteers, and agents (collectively, “GSEG”).

I desire to volunteer and engage in activities related to the service of food and beverage at Pohlman Field & ABC Supply Stadium and other related activities as appropriate (the "Activities"). I understand that the Activities may include, but are not limited to, concession sales and food delivery. I also understand that as a volunteer I will receive no compensation or remuneration for my services and will not be eligible for any employee benefits. I acknowledge that I am not an employee.

In exchange for being allowed to participate in the Activities as a volunteer and for other good and valuable consideration, the receipt and sufficiency of which I acknowledge, I hereby freely, voluntarily, and without duress execute this Release and agree to the following terms:
 

1. Assumption of Risk. I am aware and understand that the Activities may be
inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks. I acknowledge that I am voluntarily participating in the Activities and have considered those risks. I hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that I may incur as a result of my participation in the Activities.

2. Medical Treatment. I hereby give consent and authority to the GSEG to obtain medical treatment on my behalf if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless the GSEG from any claim whatsoever in connection with such treatment or other medical services.

3. Release and Waiver. I hereby fully and forever release and discharge GSEG, Geronimo Hospitality Management Group, LLC, Grey Collar Enterprises, LLC, Diane M. Hendricks Enterprises, Inc., The City of Beloit, Gateway Professional Baseball, LLC, Riverbend Stadium Authority, Inc., and any and all events sponsors, owners, officers, agents, employees and representatives and each of these entities’ respective partners, affiliates, shareholders, directors, officers, employees, agents, contractors, attorneys, successors, assigns and each of its and their respective partners, shareholders, directors, officers, employees, agents, and representatives (collectively, the “Released Entities”) from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise from my participation in the Activities. I agree not to make or bring any such claim or demand against the Released Entities, and fully and forever release and discharge the Released Entities from liability under such claims or demands.

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I UNDERSTAND THAT THIS RELEASE DISCHARGES THE RELEASED ENTITIES FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE RELEASED ENTITIES WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR  PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED ENTITIES OR OTHERWISE.

4. Insurance. I UNDERSTAND THAT THE GSEG DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE OF ANY NATURE IN THE EVENT OF MY INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF MY PROPERTY.
 

I also understand that the GSEG does not provide workers' compensation insurance for volunteers. I expressly waive any claim for compensation or liability on the part of the GSEG in the event of any injury or medical expense.

 

5. Indemnification. I hereby agree to, the fullest extent permitted by law, to indemnify, defend, protect, and forever hold harmless GSEG, Geronimo Hospitality Management Group, LLC, Grey Collar Enterprises, LLC, Diane M. Hendricks Enterprises, Inc., The City of Beloit, Gateway Professional Baseball, LLC, Riverbend Stadium Authority, Inc., and any and all events sponsors, owners, officers, agents, employees and representatives and each of these entities’ respective partners, affiliates, shareholders, directors, officers, employees, agents,
contractors, attorneys, successors, assigns and each of its and their respective partners, shareholders, directors, officers, employees, agents, and representatives (collectively, the “Indemnified Entities”), from and against any and all claims, charges, complaints, actions, causes of action, lawsuits, grievances, controversies, disputes, demands, agreements, contracts, covenants, promises, liabilities, judgments, obligations, debts, damages (including, but not limited to, actual, compensatory, punitive, and liquidated damages), attorneys’ fees, costs and/or any other liabilities of any kind, nature, description, or character whatsoever (the “Claims”) as such may in any way be related to or result, directly or indirectly, from my performance of services or presence at the Facility or otherwise in connection with GSEG, the Agreement, Group, this Release, or the Facility, including, but not limited to, Claims under the Fair Labor Standards Act of 1938, the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, or any other city, local, state or federal laws, statutes, codes, ordinances, regulations or constitutions or common law.

6. Photographic Release. I understand and agree that during the Activities, I may be photographed and/or videotaped by the GSEG for internal and/or promotional use. I hereby grant and convey to the GSEG 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 GSEG's use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.

7. Rules and Regulations. I have read and understand and agree that I will abide by the Uniform Standards and Facility Rules and Regulations currently in place and as may be amended from time to time, and that if I fail to follow such standards or rules that I may be asked to cease engaging in the Activities and/or be asked to leave the facility, in GSEG’s sole
discretion.

 

8. Miscellaneous. I hereby agree that this Release represents the full understanding between the GSEG and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of the GSEG, the Released Entities, and the Indemnified Entities and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.

9. Governing Law. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Wisconsin, without reference to any choice of law doctrine.

 

10. Execution. This release may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts shall together constitute one and the same Release. Any counterparts of this Release may be executed and delivered by any party by electronic signature, facsimile or by e-mail transmission in portable document format (PDF)” and any document so executed and delivered shall be considered an original for all purposes.