Highland Brewing Company Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement 

Highland Brewing Company, Inc. Volleyball 

Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement 

Please read the information below carefully. By signing at the bottom, you consent and agree to the terms and conditions set forth in this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”). 

The term “HIGHLAND BREWING COMPANY” refers to Highland Brewing Company, Inc. and any of its affiliates and/or franchisees and their respective owners, representatives, directors, officers, agents, volunteers, or employees, and all other persons or entities acting in any capacity on its behalf, and “I,” “my,” “me,” or “myself” refers to the person executing this Agreement. 

In consideration of being allowed to register and participate in the HIGHLAND BREWING COMPANY, INC. Volleyball Activity and all other activities related to said Volleyball Activity (hereinafter “Activity”), I understand and agree that: 

Assumption of Risk.  Participation in the Activity is VOLUNTARY, so by signing this Agreement I agree to assume all the risks associated with participating in an Activity, both known and unknown, including risks that may arise from the negligence or carelessness on the part of HIGHLAND BREWING COMPANY, its employees or volunteers or that of third parties. I understand that there are certain dangers, hazards, and risks inherent in the Activity and that such dangers, hazards, and risks may involve risk of injury and loss, both to person and property. I understand that the risks could include, but are not limited to: (i) minor personal injuries such as scratches, bruises, and sprains, (ii) serious personal injuries such as fractures, broken bones, concussions, permanent disability, paralysis, or death, or (iii) property damage and/or loss resulting therefrom; (iv) colliding, hitting, running into, falling into or making physical contact with other individuals or physical objects; (v) potential exposure to communicable diseases; (vi) potential exposure to hazardous, harsh, or extreme weather or environmental conditions, should the Activity take place outdoors; (vii) all dangers inherent in being in a place used for athletic or exercise activities.  There may be other risks not known or not reasonably foreseeable at this time. I further understand that HIGHLAND BREWING COMPANY does not assume responsibility for any such injuries or loss. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activity. I voluntarily accept personal responsibility for any liability, injury, loss, or damage in any way resulting from my participation in the Activity. 

Release of Liability.  I hereby WAIVE AND RELEASE, to the fullest extent permitted by law, HIGHLAND BREWING COMPANY and any of its affiliates and/or franchisees and their respective owners, representatives, officers, directors, shareholders, members, managers, employees, volunteers, contractors, agents, affiliates, heirs, executors, administrators, successors and assigns, if any (the “Released Parties”), from any and all liabilities, claims, causes of actions, suits, debts, agreements, damages, judgments, executions, and demands whatsoever in law or in equity, that I or my heirs may have now or in the future that arise in any way from any injury, death, loss, damage, expense, or harm that occur to me or to any other person or to any property damage as a result of my participation in the Activity due to any cause whatsoever, including to and without limitation, negligence, or carelessness on the part of the Released Parties. This release of liability shall include transportation to or from the Activity, if any is provided, but does not extend to claims for any liabilities that North Carolina law does not permit to be excluded by agreement. I further release and discharge the Released Parties from and against any liability for damage or injury to myself or any person or property resulting from negligence, adjustment, selection and improper use of any equipment, sports gear, or products, and accept the full responsibility for any and all such damages or injury which may result, even if arising from the negligence of the Released Parties. I further release and discharge the Released Parties from and against any liability for damage or injury to any injury that occurs to myself or any other participant or third-party due to the failure to wear or removal of safety equipment at any time during the Activity and accept the full responsibility for any and all such damages or injury which may result. 

Indemnification.  To the fullest extent permitted by law, I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined above) from and against any claims, damages, losses and expenses, in any way connected with or arising out of my participation in the Activity, whether or not caused in whole or in part by the negligence or other misconduct of any of the entities or individuals mentioned above, including but not limited to attorney’s fees and costs, for liability for property damage or personal injury, including death, to myself and any other person resulting from or arising in connection with my participation in the Activity, and to reimburse the Released Parties for any such expenses incurred. Should HIGHLAND BREWING COMPANY or anyone acting on its behalf be required to incur attorneys’ fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

Consent for Medical Treatment.  I understand and acknowledge that there may not be aid stations available at the Activity location. I hereby give consent to be treated by emergency medical personnel, a physician, or surgeon, in case of sudden illness or injury while participating in the Activity and I hereby release and forever discharge HIGHLAND BREWING COMPANY from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment or service rendered in connection with my participation in the Activity. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activity, or alternatively, I agree to bear the costs of such injury or damage myself. It is understood that HIGHLAND BREWING COMPANY will provide no medical insurance for such treatment and that I am liable for all costs associated with treatment, including transportation costs. I am aware that it is advisable to consult with a physician prior to participation in the Activity. If I have consulted with a physician, I have taken the physician’s advice. I further certify that I am in proper physical condition to participate in the Activity and have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured. 

Care and Use of Equipment.  I acknowledge that I may be given sports gear, products, or other equipment during participation in the Activity and that such items are accepted for use by me in an “as-is” condition. I accept full responsibility for care of sports gear, products, or other equipment while in my possession and agree that I will return the same in good working order and will be responsible for the prompt replacement of parts that are damaged due to my negligence, other than from reasonable wear and tear, which such determination shall be judged at the sole discretion of HIGHLAND BREWING COMPANY. I agree that, in order to ensure the safety of all participants in the Activity, safety equipment, which may include but not be limited to protective padding, gloves, safety eyewear, and/or a helmet, may be provided to all participants and is required to be worn at all times during the Activity. Agreement to Follow Rules.  I agree to follow any and all rules set by HIGHLAND BREWING COMPANY and to abide by any rules established by any place at which the Activity may take place. I acknowledge that I have been provided with any rules established by HIGHLAND BREWING COMPANY and have read and understand them. I understand and acknowledge that my failure to abide by the established rules and/or safety procedures or any misconduct on my part may result in suspension or expulsion from the Activity, at the sole and absolute discretion of HIGHLAND BREWING COMPANY.           

Permission to Use Likeness.  I grant my permission to the Released Parties or any transferee or licensee of any of them to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record, or refer to me for any purpose (“Likeness”), including commercial use by the Released Parties, their sponsors, and their licensees. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotion or marketing material, messages and/or content that may use my Likeness. 

Miscellaneous.  I agree that this Agreement will be governed by the Laws of the State of North Carolina and that any dispute arising from this Agreement will be adjudicated by the State of North Carolina, and I hereby agree to submit to the exclusive jurisdiction of the Courts of Buncombe County, North Carolina for this purpose. If any action or legal proceeding is brought to enforce or interpret the validity of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. If any provision of this Agreement is held to be invalid, void or unenforceable, the balance of its provisions will, nevertheless, remain in full force and effect and will in no way be affected, impaired, or invalidated. The division of this Agreement into sections and the use of captions and headings in connection therewith are solely for convenience and shall have no legal effect in construing the provisions of this Agreement.    

                                                                                                                                                                                                                                                         Entire Agreement. I acknowledge that this Agreement contains the entire agreement between the parties hereto, that the terms of this Agreement are contractual, are not a mere recital, and any breach of these terms may be enforced against me and may give rise legal proceedings. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. 

Participation by Minor.  Participation by minors is strictly prohibited. Players must be at least 21 years of age to participate.                                                            

I HEREBY CONFIRM THAT BY EXECUTING THIS AGREEMENT, I AM REPRESENTING THAT 1) I HAVE READ THIS DOCUMENT IN ITS ENTIRETY PRIOR TO SIGNING IT AND I FULLY UNDERSTAND ITS CONTENT, 2) THAT I AM THE AGE OF MAJORITY AND COMPETENT TO SIGN THIS AGREEMENT, 3) I AM AWARE THAT THIS IS DOCUMENT IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS, AND 4) I SIGN IT OF MY OWN FREE WILL.