Waiver & Release of Claims
I am voluntarily taking part in the National Greyhound Association (NGA) Kennel Tour. I am in reasonable health and am not otherwise limited by either minor or serious mental or physical injury, disability or illness that could potentially render me particularly susceptible to injury or disability while participating in any activity contemplated by the Tour.
In consideration of participating in the Tour, on behalf of myself, my heirs and representatives, I agree to release from all liability and further agree not to sue the NGA, its employees, contractors, agents, owners, vendors, business participants and all those connected with it from any and all claims, including claims of the NGA's negligence, resulting in any physical (including death) or psychological injury, illness, damages or economic or emotional loss which I may suffer as a result of my participation in the Tour including travel involved in the Tour.
I am aware of the risks involved in the Tour and fully understand and accept each and every one of the risks associated with my participation in the Tour encompassing, without restriction, exposure to conditions of inclement weather, Greyhounds, or unanticipated allergic reaction, injuries (e.g., without exception, those arising out of lack of coordination, clumsiness or inattention, other participants, motor vehicles, pedestrians and any other possible obstacle) and death. Despite the above I assume all related risks, both known and unknown to me concerning my participation in the Tour.
MY PARTICIPATION IN THE TOUR IS AT MY OWN SOLE RISK. I agree to hold the NGA, on behalf of myself and/or any person or entity acting through or on behalf of me, harmless and forever and unconditionally release the NGA, and any affiliated entities, Derby Lane, Palm Beach Kennel Club, Sanford Orlando Kennel Club, Daytona Beach Racing and Card Club, from any and all claims, actions, damages, liabilities, losses, costs and expenses in any way arising out of, or resulting from, my participation in the Tour, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to me or to anyone else, or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or willful conduct of the NGA or any of the Released Parties.
I further on behalf of myself and/or any person or entity acting through or on behalf of me, agree to defend and indemnify the Released Parties, and to hold the Released Parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation or exception, attorney’s fees) and losses of any kind or nature whatsoever in any way arising out of, or resulting from, my participation in the Tour.
I further agree to grant NGA and NGA's assigns the sub-licensable, irrevocable right and authority to use my name, image, video presence, and/or photograph for any and all commercial or non-commercial purposes either now or later, forever without additional obligation or liability to me. I understand that photography and videotaping of any portion of the tour, the kennel facility, compound or private property is prohibited for the safety and security of the greyhounds. Furthermore, I understand that any unauthorized imaging that may result on the before, after and during the tour are the sole copyright of the owners of the NGA Kennel Tours, Kennel business, member or track facility and may not be used or distributed without permission.
I understand this Waiver and Release of Claims encompasses the complete agreement and acknowledgment between Participant and the Released Parties, and terminates, cancels and supersedes any previous agreement or understanding relative to the subject matter contained within. There are no agreements other than what are described this Waiver and Release of Claims.
I agree that none of the items included in this Waiver and Release of Claims can be disregarded or modified unless done so only in writing, signed by me and the NGA. Failure of any of the Released Parties to enforce any of their rights hereunder at any time will not be an opportunity for this Waiver and Release for any remotely similar acts at any subsequent time. If any provision of this Waiver and Release is deemed to be invalid or unenforceable then the remaining provisions shall remain unaffected by such unenforceability.
I am 18 years of age or older. By receiving tickets and participating in the tours I understand the legal consequences of doing so which includes a release of the NGA from all liability related to the Tour and promising not to sue the NGA and assuming all risks involved in the Tour known or unknown. I am also agreeing to allow the NGAto use my name and likeness in its promotional activity. I am willingly participating with the above clear understanding.
If under age 18 years of age:
I am the parent or legal guardian of the person(s), ages 10 and older,participating in the Tour (the “Participant”). I understand the legal consequences involved in the receipt of tickets and participation of taking the tour in which I, for the Participant; release the NGA from all liability on my behalf and the Participant; promises that I or the Participant will not sue the NGA and that I for the Participant assumes all risks of participation in the Tour. I allow the Participant to go on the Tour. I understand and agree that I am responsible for the obligations and acts of the Participant as described in this document and agree to be bound by its terms.
Here’s what we’re really saying:
By accepting your ticket receipt and participation in the NGA Kennel Tour, you and your children over the age of 10 are agreeing to have a good time and not sue us.