ALYS BEACH &
CHARLIES DONUTS
DONUT EATING
CONTEST
Assumption of Risk,
Waiver, and Release from Liability
I,
___________________________ (name of participant), desire to participate in the
Alys Beach and Charlies Donuts DONUT EATING CONTEST on July 4, 2023. This
Assumption of Risk, Waiver, and Release from Liability covers the entirety of
my participation in this event, including travel to any locations away from Alys
Beach in order to participate in activities associated with this event.
1. Risk Factors – I
understand and acknowledge that my participation in this event involves risks
including, but not limited to the following: risk of property damage, bodily
injury, including, but not limited to, food poisoning, permanent disability,
paralysis, and possibly death. These risks may result from a variety of
circumstances including, but not limited to, the use or misuse of the equipment
or facilities, from the activity itself, from the acts of myself or others,
including Alys Beach, Charlies Donuts, and its agents or from the
unavailability of emergency medical care.
2. Assumption of Risk – I
am participating in this event of my own free will. I understand that my
decision to participate in this event is entirely voluntary. I assume full
responsibility for all risks that may arise out of, or result from my
participation in this event, including but not limited to those risks described
in Section 1, above. Exempted from this section are any injuries caused by the
gross negligence or willful or wanton misconduct of any officials, officers,
employees, agents, or volunteers of Alys Beach and Charlies Donuts.
3. Release, Indemnify,
and Defend – I hereby release, waive, discharge, and hold harmless Alys Beach
and Charlies Donuts, and all of their affiliates, predecessors, successors,
trustees, officers, directors, faculty, employees, agents, and representatives,
past or present (hereafter jointly referred to as “the Released Parties”) from
any and all claims, suits, liabilities, judgments, costs and expenses
(“Claims”) for any property damage, property loss or theft, personal injury or
illness, death or other loss arising from or relating to my participation in
this event. I also agree to defend, indemnify and hold harmless the Released
Parties from and against any Claims arising from or relating to my own acts or
omissions in connection with my participation in this event.
4. Waiver – I hereby
waive any protections afforded by any statute or law in any jurisdiction whose
purpose, substance, and/or effect is to provide that a general release shall
not extend to claims, material or otherwise, which the person giving the
release does not know or suspect to exist at the time of executing the release.
This means, in part, that I am releasing unknown future claims.
5. Payment for Damages –
I agree to pay for any and all damages to any property or Release Party caused
by me negligently, willfully, or otherwise.
6. Representatives – I
enter into this agreement for myself, as well as for my heirs, assigns and
legal representatives.
7. Consent for Emergency
Treatment – I consent to medical treatment for emergencies that occur during or
are related to my participation in this event where I am unable to consent to
such treatment. I understand the provisions of this Assumption of Risk, Waiver,
and Release from Liability apply to any treatment that might be provided to me
under this Section.
8. Insurance – I
understand that I may be solely responsible for any medical, health, or
personal injury costs relating to my participation in this event.
9. Jurisdiction – This
Assumption of Risk, Waiver, and Release from Liability shall be governed in all
respects by the laws of the State of Florida. The parties agree to use the
State of Florida for Jurisdiction and Walton County as Venue for any disputes
between the parties related to this Assumption of Risk, Waiver, and Release
from Liability.
10. Severability – If any
term or provision of the Assumption of Risk, Waiver, and Release from Liability
is held to be illegal, invalid, or unenforceable, or the application thereof to
any person or circumstance shall to any extent be illegal, invalid, or
unenforceable under present or future laws effective during the term hereof which
survive termination, then and in any such event, it is the express intention of
the parties that the remainder of the Assumption of Risk, Waiver, and Release
from Liability, or the application of such term, clause, or provision other
than to those as to which it is held illegal, invalid, or unenforceable, shall
not be affected thereby, and each term, clause, or provision of this Assumption
of Risk, Waiver, and Release from Liability and the application thereof shall
be legal, valid, and enforceable to the fullest extent permitted by law.