-- READ BEFORE SIGNING --
In consideration of being allowed to participate as a Volunteer at Sand Mountain Park & Amphitheater, I undersigned, acknowledge, appreciate, and agree that:
1. My participation in the activities involved in this program is as a volunteer and that I will not be paid for my time.
2. Through my participation in the activities in this program I have no rights to, or expectation of, any state workers’ compensation benefits or other types of life, health or personal accident insurance under the law of the state of Alabama.
3. I am aware that the risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist.
4. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown of my participation in the Grand Opening series of events, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
5. I willingly agree to comply with the stated and customary terms and conditions for participation in any Sand Mountain Park & Amphitheater event If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS CITY OF ALBERTVILLE dba SAND MOUNTAIN PARK & AMPHITHEATER, SFM LLC and SPORTS FACILITIES MANAGEMENT, LLC, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
7. Arbitration: In Further consideration of allowing me to participate in the aforementioned activities, I hereby agree to submit to binding arbitration any and all claims which I believe I may have against the facility arising from my activities at the facility. The arbitration shall be pursuant to the rules of the American Arbitration Association. The arbitrators shall apply the Federal Rules of Evidence to all proceedings.
Arbitration shall be commenced within one (1) year form the date on which any alleged claims first arose. Further, the arbitration shall be held in the town where the Arena is located, unless otherwise mutually agreed to by all the parties. The submission to the American Arbitration Association shall be unlimited and the arbitration award may be enforced by any court of competent jurisdiction.
8. I shall not, by reason of anything in this Agreement, be deemed to be an employee of Sand Mountain Park & Amphitheater.
9. I will indemnify, defend and hold harmless CITY OF ALBERTVILLE dba SAND MOUNTAIN PARK & AMPHITHEATER, SFM LLC and SPORTS FACILITIES MANAGEMENT, LLC, their officers, agents and employees form any claim brought against either me personally, CITY OF ALBERTVILLE dba SAND MOUNTAIN PARK & AMPHITHEATER SFM LLC, and SPORTS FACILITIES MANAGEMENT, LLC resulting from my use of the Facility and my participation in Grand Opening series of events.
10. I agree that this Agreement is an ongoing obligation and shall remain in effect for the full term of my volunteer experience.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNING IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.