HII WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual participant named below desires to participate in MERIT BADGE DAY (the "Event"), organized and provided by Community Relations and being hosted at Ingalls Shipbuilding, a division of HUNTINGTON INGALLS INCORPORATED ("HII") located in Pascagoula, MS (the "Premises"). In consideration of being permitted by HII to enter the Premises and participate in the Event and in recognition of HII’s reliance hereon, I, the undersigned, as the participant or as the Legal Guardian of the participant, as applicable (the “Undersigned"), agree to all the terms and conditions set forth in this Waiver and Release of Liability and Assumption of Risk Agreement (this "Waiver and Release").
I, the Undersigned, intending to be legally bound, hereby waive any and all rights and claims which I, for myself, and my heirs, executors, administrators, personal representatives, successors and assigns may now or hereinafter have against HII and do hereby fully release and discharge HII, its employees, subsidiaries, officers, agents, representatives, subcontractors, invitees, representatives, underwriters, all Event volunteers, Event sponsors, and other officials associated with the Event (collectively the “Released Parties”) from and against any and all losses, expenses (including attorneys’ fees), liens, claims, demands and causes of action of every kind and character including for personal injury to or death of the Undersigned and/or of third parties (including invitees of the Undersigned), and/or for damage to or loss of the property of HII, the Undersigned, and/or third parties (including invitees of the Undersigned), arising out of or resulting from the Undersigned being on the Premises or participating in the Event, whether or not caused, occasioned or contributed to by the sole or concurrent negligence of the Released Parties, including but not limited to any claim based upon any theory of strict liability, vice or defect in the Premises or the equipment located or used therein.
The Undersigned further agrees to indemnify and hold harmless the Released Parties from any and all liabilities or claims made arising from or as a result of the Undersigned being on the Premises or participating in this Event, whether or not caused, occasioned or contributed to by the sole or concurrent negligence of the Released Parties, including but not limited to any claim based upon any theory of strict liability, vice or defect in the Premises or the equipment located or used therein.
The Undersigned is aware, understands and acknowledges that the Event, to include but not limited to the activity of welding, is potentially dangerous and involves the risk of personal injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. The Undersigned hereby certifies to having read and understood any and all rules and regulations for participation in this Event and agrees to abide by such. The undersigned further acknowledges and agrees that by voluntarily accessing the Premises and participating in the Event with knowledge of the dangers involved THE UNDERSIGNED HEREBY AGREES TO ACCEPT AND ASSUME ALL RISKS of illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss arising therefrom, whether or not caused, occasioned or contributed to by the sole or concurrent negligence of the Released Parties, including but not limited to any claim based upon any theory of strict liability, vice or defect in the Premises or the equipment located or used therein.
I, the Undersigned, hereby certify that I am in the proper physical condition to participate in this Event. The Undersigned authorizes HII and/or a party designated by HII or Project MFG to provide medical treatment, at the Undersigned's cost, should the need arise. The Undersigned understands, acknowledges and accepts that this Waiver and Release shall be construed broadly to provide a release and waiver to the maximum extent permissible as permitted by the laws of the state in which the Event is taking place and agrees that if any portion of this Release and Waiver of Liability is invalid, the remainder will continue in full legal force and effect. The Undersigned further agrees that any legal proceedings related to this Release and Waiver of Liability shall take place in Jackson County, Mississippi.
Photograph and Video Release
I, the Undersigned, acknowledge that I may be photographed during the course of participating in this Event and hereby authorize the use of my name and any such photographs, videotapes, or other record of my participation in this Event for any legitimate purpose, to include postings on social media for the purpose of promoting the Event, without right to payment, royalties, or any other consideration arising or related to the use of their image or recording. The Undersigned understands and acknowledges that their image may be edited, copied, exhibited, published or distributed and hereby waives the right to inspect or approve the finished product wherein their likeness appears. Additionally, the Undersigned waives any right to royalties or other compensation arising or related to the use of their image or recording. They also understand that this material may be used in diverse educational and professional settings within an unrestricted geographic area.
BY 'SIGNING', I CERTIFY THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.
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