5th Annual Spaghetti Eating Contest
Assumption of Risk, Waiver, and Release from Liability
I, the undersigned participant or parent/guardian of the undersigned participant in this eating contest (“Contest”), hereby stipulate and agree to abide by all Contest rules (including the Official Rules), to compete in a safe and reasonable manner, and to accept all judges’ rulings. I understand the health and associated risks inherent in eating contests and in the consumption of large quantities of food and calories over both short and extended periods of time. I certify that I am in good health and have consulted with qualified persons in the medical profession and obtained clearance for me to participant in this Contest and similar eating contests. I agree to grant Sponsor a license to use my name, likeness, image, performance and interviews (including audio and/or video recordings of my participation in the Contest) before, during or after the Contest, in any and all media for purposes of promoting this Contest or others like it, or to support the Sponsor’s brand.
By signing below, I acknowledge and agree to this Assumption of Risk, Waiver, and Release from Liability (this “Agreement”).
Risk Factors – I understand and acknowledge that my participation in this Contest involves risks including, but not limited to the following: risk of physical discomfort, bodily injury, including, but not limited to, permanent disability, paralysis, and death. These risks may result from a variety of circumstances including, but not limited to, the from the activity itself, from the acts of myself or others, or pre-existing medical conditions whether known or unknown.
Assumption of Risk – I am participating in this Contest of my own free will. I understand that my decision to participate in this Contest is entirely voluntary. I assume full responsibility for all risks that may arise out of, or result from my participation in this Contest, including but not limited to those risks described 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 the Sponsor.
Release, Indemnify, and Defend – I hereby release, waive, discharge, and hold harmless the Sponsor, and its respective parent companies, affiliates, subsidiaries, representatives, consultants, and contractors, and their respective officers, directors, employees, volunteers, representatives, designees and agents (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 Contest. 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 Contest.
Waiver – I waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance, or effect is to provide that a general release shall not extend to claims 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. Representatives – I enter into this Agreement for myself, as well as for my heirs, assigns and legal representatives.
Consent for Emergency Treatment – I consent to medical treatment for emergencies that occur during or that are related to my participation in this Contest where I am unable to consent to such treatment. I understand the provisions of this Agreement apply to any treatment that might be provided to me under this Section.
Insurance – I understand that I may be solely responsible for any medical, health, or personal injury costs relating to my participation in this Contest.
Jurisdiction – This Agreement shall be governed in all respects by the laws of the State of Nevada. The parties agree to use the State of Nevada for Jurisdiction and the County of Franklin as Venue for any disputes between the parties related to this Agreement or the Contest.
Severability – If any term or provision of this Agreement 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 this Agreement, 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 Agreement and the application thereof shall be legal, valid, and enforceable to the fullest extent permitted by law. I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily.
By signing below, I acknowledge and agree to this Assumption of Risk, Waiver, and Release from Liability (this “Agreement”).
Risk Factors – I understand and acknowledge that my participation in this Contest involves risks including, but not limited to the following: risk of physical discomfort, bodily injury, including, but not limited to, permanent disability, paralysis, and death. These risks may result from a variety of circumstances including, but not limited to, the from the activity itself, from the acts of myself or others, or pre-existing medical conditions whether known or unknown.
Assumption of Risk – I am participating in this Contest of my own free will. I understand that my decision to participate in this Contest is entirely voluntary. I assume full responsibility for all risks that may arise out of, or result from my participation in this Contest, including but not limited to those risks described 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 the Sponsor.
Release, Indemnify, and Defend – I hereby release, waive, discharge, and hold harmless the Sponsor, and its respective parent companies, affiliates, subsidiaries, representatives, consultants, and contractors, and their respective officers, directors, employees, volunteers, representatives, designees and agents (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 Contest. 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 Contest.
Waiver – I waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance, or effect is to provide that a general release shall not extend to claims 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. Representatives – I enter into this Agreement for myself, as well as for my heirs, assigns and legal representatives.
Consent for Emergency Treatment – I consent to medical treatment for emergencies that occur during or that are related to my participation in this Contest where I am unable to consent to such treatment. I understand the provisions of this Agreement apply to any treatment that might be provided to me under this Section.
Insurance – I understand that I may be solely responsible for any medical, health, or personal injury costs relating to my participation in this Contest.
Jurisdiction – This Agreement shall be governed in all respects by the laws of the State of Nevada. The parties agree to use the State of Nevada for Jurisdiction and the County of Franklin as Venue for any disputes between the parties related to this Agreement or the Contest.
Severability – If any term or provision of this Agreement 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 this Agreement, 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 Agreement and the application thereof shall be legal, valid, and enforceable to the fullest extent permitted by law. I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily.