RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK:
QB Country, LLC, along with affiliates Senior Bowl & the University of South Alabama (referred to herein collectively as “QB Country”) undertakes the responsibility to provide you with expert sports training and other related services (the “Event”). By signing below, you acknowledge and agree to the following: You represent that you are physically fit to participate in the QB Country Event and that, prior to participation in the Program, you have consulted a physician regarding any limitations or medical risks that you may have in relation to the Programs and certify that you are free from any such limitations and medical risks. You further understand and agree that the Program involves physical exertion and strenuous physical activity by you, which entails certain risks and serious bodily injury and/or death may occur. For example, physical contact with other participants, equipment or surfaces may occur during the Program. With full knowledge of the risks of serious bodily injury and death, you voluntarily choose to participate in the Program and (i) hereby forever release, covenant not to sue, discharge and waive all liability on behalf of QB Country, it’s employees, executives, agents, affiliates, owners, subsidiaries, partners, sponsors, joint venturers, owners and lessees of the premises, consultants, volunteers and contractors (the “Releasees”) for any bodily injury of any kind, property damage or death, suffered by you as a result of your participation in the Program, regardless of whether such bodily injury or death was due to negligence of any kind committed by QB Country or the Releasees or otherwise, (ii) agree to indemnify and hold harmless QB Country and the Releasees from any loss, liability or cost they may incur arising out of or related to your participation in the Program, and (iii) assume full responsibility for any bodily injury, death or property damage arising out of or related to your participation in the Event. Notwithstanding your agreement not to sue QB Country and the Releasees, you agree that any legal proceedings of any kind, including those related to the enforceability of this waiver, shall take place in Mobile, County Alabama. You certify that you have read the forgoing and understand that by signing below, are giving up certain legal rights and remedies and intend that your signature be a complete and unconditional release of all liability on behalf of QB Country and the Releasees to the greatest extent permitted by law. For good and adequate consideration, which I acknowledge I have received, I hereby grant, release, and quitclaim to QB Country royalty free the right and authority to use, sell, reproduce, and distribute, quoted material, biographical information, my photograph, likeness, contact information, recorded voice or videotaped filmed appearances (the "Materials") for promotional and advertising purposes or partner programs as QB Country in its sole discretion will deem appropriate. I acknowledge that I have read and fully understand this Injury Waiver and General Release Form. This agreement will be binding on me, my spouse, my children, legal representatives, heirs, successors and assigns. QB Country is the sole owner of all rights in and to the materials and shall have the sole right to broadcast such materials in whole or in part in perpetuity for any purpose in any medium. The training services created by QB Country which may include data, techniques, materials, programs, methods, manuals, and other information used in carrying out the terms of this Agreement, are the sole property of QB Country and may not be used, replicated, disclosed, published or sold without prior written consent from the owner. Further, you agree to keep the specific terms of your training costs confidential. ENTIRE AGREEMENT; AMENDMENT. These Event Terms and Conditions constitute the entire agreement, and supersedes all prior agreements and understandings, both written and oral, with respect to the subject matter hereof. These Event Terms and Conditions may be amended only in a writing executed by the parties hereto.
GOVERNING LAW. Program Terms and Conditions shall be governed by the laws of the state of Alabama without giving effect to the conflict of laws principles thereof. Any disputes relating thereto shall be brought in a courts of Mobile County, Alabama.
AGREED AND ACCEPTED:
