RELEASE AND WAIVER OF LIABILITY
The undersigned ("Volunteer"), intending to be legally bound in favor of The Cincinnati International Wine Festival., a Cincinnati nonprofit organization (CIWF) and any person or entity that is the recipient of services or work from Volunteer ("Recipient"), and their respective parent and affiliated companies, directors, trustees, officers, employees, staff, volunteers, members, agents, successors and assigns (individually a "Released Party" and collectively the "Released Parties").
Volunteer desires to volunteer for CIWF and engage in the activities related to being a volunteer. Volunteer understands that the activities may include working at Duke Energy Convention Center, and travel to and from the location. CIWF is willing to accept Volunteer as a volunteer at its festival and allow Volunteer to be present at the festival on the condition that Volunteer release the Released Parties by signing this Release.
In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Volunteer, Volunteer does hereby freely, voluntarily and without duress execute this Release under the following terms:
1. Waiver and Release. Volunteer covenants not to sue and does hereby release, forever discharge, defend and hold harmless the Released Parties from any and all liability, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to Volunteer's work or services for CIWF, or Recipient. Volunteer understands and acknowledges that this Release discharges the Released Parties from any liability or claim that the Volunteer may have against the Released Parties with respect to any bodily injury, personal injury, illness, death or property damage that may arise out of, occur during or result from Volunteer's work or services for CIWF, or Recipient, regardless of whether caused in whole or in part by an act or omission of a Released Party. Volunteer also understands that, except as otherwise agreed to by a Released Party in writing, the Released Parties do not provide any medical, health, disability or liability insurance coverage for injury, illness, death, disability or property damage suffered by Volunteer, a Released Party or by third parties.
2. Medical Treatment. Volunteer hereby authorizes each employee and staff member of CIWF: (1) to act on Volunteer's behalf in providing first aid and securing medical treatment for Volunteer in the event of injury or illness to Volunteer; and (2) to act on Volunteer's behalf in accepting financial responsibility (which shall be borne solely by Volunteer) for all first aid and medical treatment secured for Volunteer. Volunteer covenants not to sue and hereby releases, discharges, defends and holds harmless the Released Parties from any claim, demand or cause of action whatsoever arising out of or relating to any first aid or medical treatment rendered in connection with the Volunteer's work or services for CIWF, or Recipient.
3. Assumption of the Risk. The Volunteer understands that work or services for CIWF as a volunteer may include activities that involve inherently dangerous risks, including but not limited to handling, alcoholic beverages, and traveling to festival. Volunteer hereby expressly and specifically assumes the risk of damage, injury, harm or death in connection with such work or services for CIWF as a volunteer.
4. Age. Volunteer hereby certifies that as of the date of signing this Release, Volunteer is 18 years of age or older.
5. Media Release. Volunteer hereby grants and conveys unto CIWF all right, title and interest in any and all photographic images and video or audio recordings made by or for CIWF during Volunteer's participation in CIWF’s projects, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
6. Governing Law. Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Ohio, and that this Release shall be governed by and interpreted in accordance with the Laws of the State of Ohio without giving effect to its conflict of laws rules. Volunteer agrees that in the event that any clause or provision of this Release 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 Release, which shall continue to be enforceable. Volunteer agrees that the sole and exclusive jurisdiction and venue for litigation between Volunteer and CIWF shall be a state or federal court having jurisdiction over Ohio.