LIABILITY RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS, PAST, PRESENT, OR FUTURE, KNOWN OR UNKNOWN, AND ALL MANNER OF ACTION AND ACTIONS, CAUSES OF ACTION, LAWSUITS, OR ADMINISTRATIVE PROCEEDINGS OF WHATEVER KIND OR NATURE AGAINST THE National Pediatric Cancer Foundation (“NPCF”) AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR PREDECESSORS AND SUCCESSORS IN INTEREST, ASSIGNEES, PARENTS, SUBSIDIARIES, AFFILIATES, DIVISIONS AND RELATED COMPANIES AND ENTITIES, AND THEIR PAST, PRESENT, AND FUTURE DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, ATTORNEYS, INSURERS, REINSURERS, AND REPRESENTATIVES IN THEIR OFFICIAL AND INDIVIDUAL CAPACITIES(THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN, BENEFICIARIES, EXECUTORS, ADMINISTRATORS, SUCCESSORS IN INTEREST AND ASSIGNEES, AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THIS PROGRAM/ACTIVITY/INFORMATION.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1. The NPCF does not provide any healthcare related treatment, care instructions, medical advice, preventative health advice or any related healthcare care or treatment information as the organization and its directors and employees are not authorized/licensed medical providers for said purpose.
2. The NPCF Health Navigator serves as a single point of contact for families, patients, caregivers, and healthcare/research partners to provide resources and assistance with accessing clinical and supportive care services offered within the pediatric cancer community.
3. I understand the NPCF Health Navigator assists patients/families to make informed decisions and to understand their diagnosis, treatment options, and the resources available, including educating eligible patients about appropriate clinical research studies and technologies; however, I also understand this is “consultative information” and is not being accepted as licensed medical/healthcare provider information towards my care and/or treatment or my dependent’s care and/or treatment.
4. I understand any NPCF Health Navigator information is not “in-lieu of” information provided by my personal medical/healthcare provider.
5. I hereby knowingly assume the risk of injury, harm and loss associated with the “information/activity”, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties. As a recipient of NPCF information, participation, volunteer, or attendance in NPCF activities or information sessions, I recognize that my participation, involvement, acceptance of activities and/or consultative information is voluntary. By attending, observing or participating, I acknowledge and assume all risks and dangers associated with participation and/or attendance at the Activity and/or acceptance of information provided, and I agree that: (a) the NPCF, (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY RECEIVING/ACCEPTING Health Navigator provided consultative information, ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, I DEEM TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
6. I hereby give my permission for the NPCF and NPCF Health Navigator to create, collect, disclose, access, maintain, store, and/or use my personal information in order to carry out the roles and responsibilities of the Health Navigator. I understand the Health Navigator must follow the privacy and information security standards that apply to them and that secure measures are utilized to protect my information and not release said information to a third party without my prior consent.
PHOTOGRAPHY RELEASE: This “Release / Waiver” is executed by the undersigned participant, volunteer, and /or parent and/or legal guardian (“Parent”) of each child and sibling listed below (“Child”) in favor of NPCF and other Released Parties, as defined herein. For and in consideration of participation in the NPCF “Event”, it is acknowledged and agreed by the undersigned, for and on behalf of the Participant, Volunteer, Parent and Child, as follows:
The NPCF and other Released Parties may use, re-use, publish and re-publish any photos, videos or other likeness (all “Material”) of the Participant, Volunteer, Child, or the Parent taken at or in connection with the Event or any prior or subsequent event or activity sponsored or organized by the NPCF or other Released Parties (an “Other Event”), in whole or in part, separately or in conjunction with other photographs and video, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade. The Participant, Volunteer, Parent/Guardian, on behalf of Parent and Child, hereby releases, waives and discharges the NPCF, its officers, directors, employees, agents, insurers, volunteers, contributors, sponsors and participating celebrities (collectively, the “Released Parties”) from any and all claims, demands, causes of action, suits, costs, or expenses or other liabilities of any nature, arising from or in any way connected with, directly or indirectly, the use by the NPCF or other Released Parties of any Material of the Participant, Volunteer, Parent or Child taken at or in connection with the Event or Other Event, including, without limitation, any and all claims for defamation including slander and libel, right of publicity, misappropriation of likeness, and/or invasion of privacy. The Participant acknowledges that they will receive no compensation from NPCF for any publication of Material of the Participant used and that NPCF is the sole and exclusive owner of all right, title, and interest in the Material. The parent/guardian of child understands that “apparel/costume assistance” maybe rendered by a volunteer or staff member. The Participant, Volunteer, Parent/Guardian hereby attest they have not been convicted of any statutory crime, nor any child related offense and/or are not a registered child/pornography offender.
WITH REGARD TO THE AFOREMENTIONED PROVISIONS:
This document represents the entire agreement between us with respect to this subject matter and shall not be subject to modification or amendment by an oral representation, or any other written statement by either party, except for a dated written amendment to the Agreement signed by the Parties;
The invalidity or unenforceability of any provision of this Agreement shall not affect or impair any other provisions, which shall remain in full force. If any portion of this Agreement is found invalid, the parties agree to enter into a full and general release that is not invalid;
The Parties hereto acknowledge that the Agreement is enforceable in the state courts of Florida. The Parties hereby waive any pleas of jurisdiction or venue as not being a resident of Hillsborough County, Florida, and hereby specifically authorize any action brought upon the enforcement of the Agreement to be commenced or filed in Hillsborough County, Florida.
I represent and warrant that I am over the age of eighteen (18) years and have read and understood the contents of this Release.