WAIVER AND LEAGUE PARTICIPATION AGREEMENT

In consideration for being allowed to participate in activities organized by, sponsored by, paid for by, coordinated with, authorized by, or held by Orlando Social Cornhole (collectively, “Orlando Social Cornhole Events” or “OSC Events”), I enter into this binding Waiver and League Participation Agreement (“Agreement”) with Orlando Social Cornhole (“OSC”).

1. Waiver and Release of Liability. I unconditionally, voluntarily, and irrevocably waive and release any and all rights and claims that I may now, or in the future, have against OSC and its owners, agents, employees, directors, officers, representatives, contractors, sponsors, affiliates, successors, and assigns (collectively, the “Released Parties”) arising out of my participation in OSC Events. I release and discharge the Released Parties from any and all claims for injuries, illness (physical, emotional, or otherwise), death, damage, costs, expenses, and losses, including any direct, indirect, or consequential losses, penalties, legal costs and expenses (including attorney fees), and other professional costs and expenses, which I may have or which may accrue to me related to my participation in OSC Events. This waiver and release of liability includes, for example, any and all actions or inactions by the Released Parties, including negligence, negligent acts or omissions, carelessness, or other conduct of the Released Parties; any inclement weather or other unforeseen or uncontrollable events (such as Acts of God) which may affect OSC Events; and any and all actions or inactions of other individuals or animals at OSC Events. The intent of this waiver and release of liability is to waive and release the Released Parties from any and all liability and claims that are in any way related to OSC Events. None of the above phrasing is intended to reserve or carve out any liability or claims related to OSC Events for me to pursue against the Released Parties.

2. Indemnification. I agree to indemnify and hold harmless and defend the Released Parties from any and all claims, damages, liabilities, losses, and costs (including, for example, attorneys’ fees) arising out of, connected with, or in any way related to my participation in OSC Events, including my negligent or gross negligent, reckless, or intentional acts or omissions or my breach of this Agreement.

3. Assumption of Risk. I agree that it is my sole responsibility to learn of the risks involved in each OSC Event that I choose to participate in. Participation includes possible exposure to illness and infectious diseases, such as MRSA, influenza, and COVID-19. To the fullest extent allowable under law, I represent, warrant, and agree that if I participate in any OSC Event, I do so voluntarily and at my own risk, including both known and unknown risks.

4. Authorization to Record and Use Likeness. I authorize OSC to take images of or record me during OSC Events. Further, I authorize OSC to use my name, likeness, voice, recording, or image for purposes of advertising, marketing, promotion, or trade without further compensation, except where prohibited by law; and I further acknowledge and agree that any images or recordings obtained by OSC will be the sole and exclusive property of OSC, and may be published, broadcast, or otherwise disseminated at the sole and exclusive discretion of OSC.

5. Agreement to Abide by Applicable Laws, Regulations, Policies, and Rules. I agree to abide by all OSC rules and policies as well as the laws, regulations, and policies of the businesses, municipalities, organizations, and facilities where OSC Events occur. I agree that it is my responsibility to locate, understand, and follow such laws, regulations, policies, and rules, including any updates or amendments thereto. 

6. No Waiver of OSC Remedies. No delay, failure, or waiver of OSC’s exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. No waiver of any provision of this Agreement will constitute a waiver of any other provision or of the same provision on another occasion.

7. Competence, Binding Effect, and Authority. I represent and warrant that I am at least 18 years of age and am fully competent to enter into a binding agreement. I agree that to the fullest extent allowable under law, this agreement will bind my heirs, representatives, executors, administrators, successors and assigns. I represent and warrant that I am the person who will be participating in OSC Events. I acknowledge that I have read this Agreement carefully and completely and fully understand its provisions. I acknowledge and understand that OSC encourages me to contact an attorney for advice in understanding this Agreement prior to executing this Agreement.  

8. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of Florida. 

9. Merger. This Agreement constitutes the entire agreement with respect to the subject matter discussed and supersedes any prior or contemporaneous understanding and agreements concerning the subject matter of this Agreement. This Agreement may not be modified except by a written agreement. 

10. Severability. This Agreement is intended to be as broad and inclusive as permitted by law. If any provision or portion of a provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions and/or portions of provisions will remain in full force and effect. If only a fraction of a provision causes the provision to be held to be invalid, void, or unenforceable (e.g. a word or phrase within a sentence), then only that fraction will be struck.