RELEASE AND WAIVER FORM
Liability and Compensation Release and Waiver:
I, the individual initialing and agreeing to this Volunteer Release and Waiver (the “Volunteer”
), desire to volunteer for the Dallas Sports Commission (“DSC”
) and participate in activities occurring in connection with, and prior to, during or after, the event (an “Activity”
I am age 18 or older and of sound mind. I understand that it will be solely my responsibility to (a) ascertain the nature and demands of an Activity before participating; and (b) determine that I am qualified and in sufficiently good health, physical and emotional condition to participate. If at any time I believe that Activity conditions are unsafe or that I am unable to safely participate, I will immediately discontinue my participation in the Activity and notify the Dallas Sports Commission. I understand that my participation in the Activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries, not only from my own actions, inactions, or negligence but also from the action, inaction or negligence of others. The specific risks vary from one Activity to another and may cause serious or grievous injuries. I hereby assume the risk of injury or harm involved in participation in the Activities, including bodily injury, permanent disability, damage to personal property, and/or death and hereby assume all responsibility for losses, costs, and damages I incur as a result of my participation in the Activities.
I agree that the Released Parties named below may provide or arrange for emergency care and provide or arrange for emergency care transportation if medical treatment is deemed necessary by the staff of any such Released Parties. None of the Released Parties is financially responsible for such treatment or transportation.
I also agree to indemnify and hold harmless the City of Dallas, VisitDallas, and the Dallas Sports Commission, for all claims arising out of my participation in the Volunteer Activities. I further agree to indemnify and hold harmless the Released Parties from any and all claims, actions, suits, procedures, damages and liabilities, brought as a result of my involvement in the Activities, including, without limitation, any Released Claims, and to reimburse the Released Parties for any costs and expenses, including but not limited to attorneys’ fees, incurred in defending such actions.
I also fully understand and agree that the Released Parties do not assume any responsibility for or obligation to provide financial assistance or other assistance, including, but not limited to, medical, health, or disability insurance, in the event of injury, illness, death, or property damage, or to comply with any provision of any State or Federal Labor Law governing the relationship between an employer and employee. I understand that I expressly waive claims for any such assistance and/or compensation for services. I hereby acknowledge that I am volunteering my services for the Activity or Activities, without promise or expectation of compensation, that I am not an employee of any of the Released Parties, and that I am waiving my right to receive the minimum wage pursuant to federal law and the Texas Minimum Wage law (Sec. 62.051 et seq.). I also understand that I am volunteering my services for the Activity or Activities without any expectation of understanding that I will be subsequently offered a paid position by the Dallas Sports Commission or any of the Released Parties, and accordingly, this Release and Waiver does not constitute a contract for hire under any circumstances.
I understand that this document is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.
I also understand that this document is a contract which grants certain rights to and eliminates the liability of the City of Dallas, VisitDallas and the Dallas Sports Commission.
I agree that any photographs, videos or other accounts or descriptions (whether data, textual or visual) of all or any part of the Activities created by me may be used only for personal, non-commercial uses. Any transmission or other distribution to any commercial enterprise, and any public performance or display, is strictly prohibited. I understand that the Activities may be filmed or photographed and I consent to being filmed, photographed and/or recorded and I hereby grant the Released Parties the unlimited right throughout the world, in perpetuity, to use my name, city of residence, comments, voice, photo, likeness and/or demographic information free of charge in any manner and for any purpose (including commercial purposes) in any media now known or hereafter developed, and waive my moral rights therein. I hereby grant and convey unto the Released Parties all right, title, and interest in any and all photographic images and video or audio recordings produced by me in connection with the Activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
Class/Collective Action Waiver:
I hereby agree that all claims must be pursued on an individual basis only. By signing this Volunteer Release and Waiver, I hereby waive my right to commence, or be a party to, any class or collective claims or to bring jointly any claim against the Released Parties with any other person.
Acknowledgment of Understanding:
I have read this Volunteer Release and Waiver and fully understand its terms and conditions and understand that I am giving up substantial rights, including my right to bring actions against the Released Parties and my right to compensation for my participation in the Activities. I acknowledge that I am initialing and accepting the Volunteer Release and Waiver freely and voluntarily and without any inducement or assurance of any nature and intend to completely and unconditionally release the Released Parties to the fullest extent allowed by law.
I expressly agree that this Volunteer Release and Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that this Waiver shall be governed by and interpreted by the laws of the State of Texas. I agree that in the event that any clause or provision of this Volunteer Release and Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Volunteer Release and Waiver, which shall continue to remain in full force and effect.