I submit this Liability and Publicity Release (“Release”) in connection with my participation in the 2022 Western PA Wounded Heroes Fund Golf Classic (“Event”). I understand that participating in the Event is a potentially hazardous activity and that I should not participate in this Event unless I am medically able to do so. By signing this Release, I certify that I am medically able to participate in this Event, and I am not experiencing symptoms of the 2019 novel coronavirus disease (COVID-19) (the “Disease”), such as cough, shortness of breath, or fever, I do not have a confirmed or suspected case of the Disease, and I have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I further agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the Disease and other communicable diseases, and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html. I am also aware of the contagious nature of the Disease and the risk that I may be exposed to or contract the Disease by participating in the Event, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of others, including negligent emergency response. I understand that the Mario Lemieux Foundation cannot guarantee that I will not be injured or become infected with the Disease due to my participation in the Event and that participating in the Event may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THIS EVENT INCLUDING, BUT NOT LIMITED TO, FALLS, CONTACT WITH OTHER PARTICIPANTS, VOLUNTEERS AND STAFF, ACCIDENTS, INJURIES, DISABILITY, DISEASE, DEATH, EFFECTS OF WEATHER, AND THE CONDITIONS OF THE COURSE, SUCH RISKS BEING KNOWN OR UNKNOWN AND APPRECIATED BY ME.
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I waive, release, and discharge any and all claims, demands, liability, damages, costs and expenses of any kind whatsoever against each of the Mario Lemieux Foundation, Western PA Wounded Heroes Fund, It’s About the Warrior Foundation, Adventures in Training with a Purpose, Guardian Angels Medical Service Dogs, Allegheny Country Club, Pittsburgh Penguins Foundation, Pittsburgh Penguins LP, Pittsburgh Penguins LLC, Lemieux Group LP, Team Lemieux LLC and each of their officers, directors, representatives, officials, employees, independent contractors, agents, volunteers, and supporting sponsors and advertisers (“Releasees”) which I might have based on any of the risks involved in or arising from the Event, even if arising from the negligence or carelessness of the Releasees. I covenant not to make or bring any such claim against the Releasees, and forever release and discharge the Releasees from liability under such claims. I recognize, intend and understand that this Release is binding on my heirs, executors, administrators, or assignees. I FULLY UNDERSTAND I AM FOREVER GIVING UP IN ADVANCE ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE RELEASEES IF I SUFFER SUCH INJURIES AND DAMAGES EVEN THOUGH I DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE AND AM VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGES. I am aware that medical support for this Event may be provided by volunteer personnel who may be called upon to provide medical assistance, including first aid, to me and others during the Event. I authorize any such volunteer to assist me and/or to provide such assistance as, in the opinion of such volunteer, may be necessary or appropriate. I hereby release and indemnify the Releasees from any and all liability or claims arising out of such medical assistance. I agree to abide by all rules and regulations applicable to the Event and all decisions and directions given by the Releasees in relation to the Event, including but not limited to, postponing or cancelling the Event due to weather or other factors beyond their control, instructions relating to the manner of my participation in the Event, determination of winners, and the authority to remove me from the Event if deemed necessary in their sole discretion. I understand that this Event does not provide for refunds in the event of cancellation, and I consent that I am not entitled to a refund if the Event is cancelled before or during the Event. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that if any provision of this Release shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Release and shall not affect the validity and enforceability of any remaining provisions, and that this Release shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania without reference to any choice of law doctrine.
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THE RELEASEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE EVENT OR THE INABILITY TO ATTEND THE EVENT, (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE EVENT OR (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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I irrevocably grant permission to the Releasees to use, publish, edit, reproduce, exhibit, display, transmit and distribute any photographs, motion pictures, recordings or any other record in any form, in which my name, biographical information, voice, likeness or comments may be included in connection with the Event (collectively, “Recordings”), including any Recordings which I may share online as part of the Event, without any compensation to me. I understand that the Releasees shall have no obligation to use any Recordings. I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion or illusionary effect, or use in any composite form of the Recording.
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BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES, AND I AGREE TO BE BOUND BY ITS TERMS.