WAIVER AND RELEASE AGREEMENT PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. BEFORE SIGNING THIS AGREEMENT FOR THE WAIVER AND RELEASE OF LIABILITY, READ THIS ENTIRE DOCUMENT CAREFULLY. IF YOU SIGN THIS WAIVER AND RELEASE OF LIABILITY AND AN INCIDENT OCCURS RESULTING IN BODILY INJURY, DEATH, OR LOSS OF PROPERTY, THEN YOU WILL BE GIVING UP LEGAL RIGHTS THAT YOU MIGHT OTHERWISE HAVE HAD. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND OR IF YOU OBJECT TO ANY PROVISION CONTAINED IN THIS DOCUMENT, YOU SHOULD NOT SIGN THIS DOCUMENT AS IT IS DRAFTED, BUT, RATHER, SEEK ADVICE FROM YOUR ATTORNEY. ***All Participants must complete Section A, provided however, for all Participants under the age of 18, the Participant’s parent or legal guardian must both complete Section A on behalf of the Participant and must also complete Section B. Please complete a separate form for each Participant. Thank you for your cooperation! *** Section A: Applicable to all Participants. My name is______________________________________________________________________________(“Participant”).(Participant’s first and last name and middle initial please)I intend to participate in certain activities, programs, services, events, and/or functions (hereinafter collectively referred to as “the Activities”, or as, “Activity,” when used in the singular) that are hosted, sponsored, organized, conducted, operated by, and/or associated with The Town of Smyrna, a Tennessee municipality (“the Town”). I freely, voluntarily and without duress execute this Waiver and Release Agreement (sometimes hereinafter referred to as “Waiver and Release’). I understand that this document, including all agreements and promises expressed herein, applies to me on this occasion where I intend to participate in the following Activity or Activities: (Description of the Activity or Activities below)______________________________________________________________________________________________________________________________________________________________________________________________________.I also understand that this Waiver and Release Agreement applies to me each and every time that I participate in any Activity that is hosted, sponsored, organized, conducted, operated by, and/or associated with the Town, including, but only when travel is provided by the Town, travel to and from any location where one or more of the Activities is held or conducted, regardless of the nature or extent of my participation or attendance at any Activity, or whether my participation in any of the Activities takes place on property of the Town or elsewhere, in accordance with the following terms: Assumption of Risk Participant understands that the Activities in which Participant participates may involve hazards that are either known or unknown and, with that understanding, Participant hereby assumes the risk of, and responsibility for, any injury (including death) or damage that Participant may sustain arising out of or in any way connected with the Activities. This includes death or damage to person or property, resulting from any acts or omissions by or on behalf of the Town, its officers, employees, volunteers, members, contractors, or agents. Participant agrees that, Participant’s participation in an Activity shall constitute an acknowledgement that Participant, or the parent or legal guardian of Participant, as the case may be, received, reviewed, and understood a description of the Activity, had sufficient opportunity to make a diligent inquiry regarding the Activity, and that such description and/or inquiry provided sufficient information upon which Participant, or such Participant’s parent or legal guardian, could make a reasonably informed decision about whether to participate in the Activity. PARTICIPANT EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH THE ACTIVITIES Workers’ Compensation - Volunteers Participant acknowledges and agrees that Participant shall not be covered under any Worker’s Compensation policy purchased by the Town when performing community service or otherwise acting as a volunteer.ReleaseParticipant, on behalf of himself or herself, and his or her heirs, executors, administrators, and assigns, hereby releases, discharges, and covenants not to sue the Town, its officers, employees, agents, volunteers, officers, officials (both elected and appointed), and contractors and waives all actions, claims, and demands that Participant, as well as Participant’s heirs, executors, administrators, and/or assigns now have or may hereafter have for any personal injury (including death) and property damage that Participant may suffer or incur, arising out of or in any way connected with any and all of the Activities, including, without limitation, damage incurred as a result of the negligence of the Town, its officers, employees, agents, volunteers, officers, officials (both elected and appointed), and contractors, provided however, that claims arising from willful misconduct are not subject to this Waiver and Release. Participant acknowledges that facts may become known to Participant, and/or to Participant’s parent or legal guardian, in the future which, if known at the time when this Waiver and Release was executed, would have resulted in Participant, and/or Participant’s parent or legal guardian, not executing this document. Notwithstanding, that possibility, Participant, or Participant’s parent or legal guardian, as the case may be, wish to execute this document, so that Participant may participate in the Activities. No Obligation by the TownParticipant further understands that the Town does not assume any responsibility for, or obligation to provide, financial assistance or other assistance to Participant including, but not limited to medical, health, workers compensation or disability insurance in the event of injury or illness arising from or relating to the Activities. To that end, Participant, or Participant’s parent or legal guardian as the case may be, warrants and represents that Participant has consulted with a medical doctor with regard to Participant’s personal medical needs and represents that Participant will not engage in any activity for which Participant has not received advance clearance from a medical doctor. Participant, or Participant’s parent or legal guardian as the case may be, is aware of any applicable personal medical needs and conditions and has arranged through insurance or otherwise to meet any and all need for payment of medical costs that may accrue or occur while Participant is participating in any of the Activities.The Town may, but is not obligated to, take any action it considers warranted under the circumstances regarding Participant’s health and safety and Participant does hereby release and forever discharge the Town from any claims whatsoever which arise or may hereafter arise on account of any first aid, treatment or service rendered in connection with Participant’s participation in any of the Activities. Participant’s ConductParticipant agrees to act in accordance with all applicable rules, directives, and policies of the Town while engaged in the Activities and to follow the advice and instruction of all program facilitators. Volunteers are not Agents of the Town Participant understands and agrees that no volunteer, sponsor, or chaperone is an agent of the Town and that only paid staff of the Town, acting in the course and scope of such staff person’s employment, may be construed to be an agent of the Town.Media ReleaseParticipant does hereby consent to the capture and use of Participant’s image and the sound of Participant’s recorded voice by the Town. Participant hereby grants and conveys unto the Town all right, title, and interest in any and all images, video recordings, and audio recordings made by or on behalf of the Town during Participant’s participation in the Activities (“the Media”), including, but not limited to, any royalties, proceeds or other benefits derived from such images or recordings. By way of illustration and not limitation, this Media release includes Participant’s consent to complete and unrestricted control over the Media by the Town, its successors, and assigns, to use, copy, display, view, play, and distribute the Media at any time or place for any lawful purpose.Construction of Waiver and Release and SeverabilityParticipant expressly agrees that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee and that this agreement shall be governed and interpreted by Tennessee law. It is further agreed that nothing in this Waiver and Release shall be construed as a waiver, replacement or forfeiture of any other legal rights and defenses available to the Town. Participant agrees that in the event any clause or provision of this Waiver and Release is deemed invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver and Release, which shall continue to in full legal force and effect. IndemnificationParticipant hereby agrees, on behalf on Participant, and his or her heirs, executors, administrators, and assigns, to defend, indemnify and hold harmless the Town, its officers, employees, agents, volunteers, officers, officials (both elected and appointed), and contractors from any and all claims or causes of action for compensation, personal injury, property damage, and wrongful death arising from or relating to any of the Activities, excluding only claims arising from willful misconduct. Participant further agrees, on behalf on himself or herself, and his or her heirs, executors, administrators, and assigns, to defend, indemnify and hold harmless the Town, its officers, employees, agents, volunteers, officers, officials (both elected and appointed), and contractors from any and all claims or causes of action for compensation, personal injury, property damage, and wrongful death asserted by any third party arising from or caused by the acts or omissions of Participant. The indemnification obligations set out in this section includes the obligation for Participant to pay for and hold the Town harmless from all attorney’s fees and costs incurred by the Town for advice, consultation, and representation with respect to any matter from which the Town is herein indemnified. Special Safety Guidelines (if any listed)As a condition of being permitted to participate in the Activities, Participant agrees to comply with the following specific safety guidelines and to refrain from participating in any Activity while under the influence of alcohol or drugs:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Knowing and Voluntary Consent Participant has carefully read this Waiver and Release and fully understands its contents. Participant understands that Participant is giving up valuable legal rights. Participant knowingly and voluntarily gives up these rights of Participant’s own free will. PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT AND UNDERSTANDS ITS CONTENTS. Participant, hereby enters into this Agreement on this, the ___________day of _______________________, 20___________, at ______________________________________________________________, Tennessee. Section B: Must be completed by the parent or legal guardian of any Participant under the age of 18. My name is _______________________________________________________________________________________. (Parent or legal guardian’s first and last name and middle initial please) I am the lawful parent or duly authorized legal guardian of the Participant. I have read Section A of this Media Consent and Release Agreement and I understand it. By my signature below, I agree to all the terms of Section A on behalf of the Participant. I also agree that the provisions of Section A of this Agreement apply to me and any actions, claims, or demands that I may bring, in my own name, or on behalf of Participant, arising from Participant’s participation in the Activities. I further agree to be legally and financially responsible for the acts or omissions of Participant and to indemnify and hold the Town, its officers, employees, agents, volunteers, officers, officials (both elected and appointed), and contractors harmless from any and all claims, demands, causes of action, and damages arising from personal injury, death, or property damage caused by the acts or omissions of Participant. This includes the obligation to pay for and hold the Town harmless from all attorney’s fees and costs incurred by the Town for advice, consultation, and representation with respect to any matter from which the Town is indemnified by this paragraph.AS THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT, I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I hereby enter into this Media Consent and Release Agreement on behalf of the Participant on this, the ___________day of _______________________, 20___________, at ____________________________________________________________________, Tennessee.