Hope for Allergies
A 501(c)(3) Nonprofit Organization
Assumption of Risk, Release and Waiver of Liability,
Indemnity Agreement, and Media Consent
545 South Nolen Drive, Southlake, TX 76092
In consideration of being permitted by Hope for Allergies, a 501(c)(3) nonprofit organization (hereinafter referred to as "HOPE FOR ALLERGIES" or "HFA") to participate in outreach events, educational programs, community activities, and to use the facilities and equipment associated with HFA events, now and in the future, I, the undersigned, on behalf of myself, (and if applicable) my child or ward (both of us hereinafter referred to as "I" or "Participant"), my spouse, parents, heirs, estate, insurers and assigns and if applicable the parents, heirs, estate, insurers and assigns of my child or ward (collectively, the "RELEASING PARTIES") hereby agree as follows:
1. Assumption of Inherent Risks and Dangers
I acknowledge and agree that participation in Hope for Allergies outreach events and activities entails certain risks that cannot be eliminated. These events may involve exposure to various food items, allergens, educational demonstrations, outdoor activities, and interaction with other participants. I understand that despite precautions taken by HFA, there is an inherent risk of allergic reactions, accidental exposure to allergens, physical injury, or other incidents that may occur during participation in these events.
I acknowledge that I am responsible for informing HFA staff of any known allergies, medical conditions, or special needs pertaining to myself or my child/ward. I understand that HFA events are educational in nature and that any information provided does not constitute medical advice. I agree to carry and administer any necessary medications (including but not limited to epinephrine auto-injectors, antihistamines, or inhalers) as needed. I hereby acknowledge that my and, if applicable, my child's or ward's participation in HFA events is voluntary and that I/we knowingly participate with an express understanding of the risks involved and hereby agree to accept and assume any and all risks of injury, allergic reaction, illness, death, property damage or loss, whether caused by the negligence of Hope for Allergies or otherwise.
2. Indemnification and Release
The RELEASING PARTIES hereby agree to hold harmless, defend and indemnify HOPE FOR ALLERGIES, its directors, officers, employees, volunteers, agents, sponsors, partners, venue providers, affiliated organizations, successors and assigns (collectively, the "RELEASED PARTIES") from any and all claims arising from my and, if applicable, my child's or ward's injury, allergic reaction, illness, death, or any damage or loss to property due to participation in HFA events and activities.
THE RELEASING PARTIES HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RELEASED PARTIES ON ACCOUNT OF INJURY, ALLERGIC REACTION, ILLNESS, DEATH, OR PROPERTY DAMAGE OR LOSS ARISING OUT OF OR ATTRIBUTABLE TO PARTICIPATION IN HFA EVENTS AND ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
3. Health, Medical Information, and Emergency Care
I certify that I am (and, if applicable, my child or ward is) physically able to participate in HFA events and activities. I have disclosed all relevant medical conditions, allergies, and health concerns to HFA. In the event of an emergency, I authorize HFA staff and volunteers to contact emergency medical services and authorize a licensed medical care provider to carry out any emergency medical care which may be necessary. I agree to be fully responsible for any associated costs and expenses.
4. Photographs, Video, and Media Release
For myself and, if applicable, on behalf of my child or ward, I hereby grant to HOPE FOR ALLERGIES the irrevocable right and permission to photograph and/or record me and, if applicable, my child or ward during HFA events. I grant HFA permission to use such photographs and recordings for educational, promotional, fundraising, and awareness purposes, including but not limited to: website content, social media, newsletters, print materials, presentations, and media outreach. I waive any right to inspect or approve such photographs and recordings, and I acknowledge that these rights are granted without compensation.
5. Severability and Choice of Law
If any term or provision of this Agreement is held invalid, illegal, or unenforceable, the remaining terms and provisions shall not be affected and shall be enforced to the greatest extent permitted by law. This Agreement shall be interpreted under and governed by the laws of the State of Texas.
6. Acknowledgment of Understanding
I have read this Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my rights and (if applicable) the rights of my child or ward to sue for damages in the event of injury, allergic reaction, illness, or loss. I acknowledge that I am signing this Agreement freely and voluntarily, and intend by my signature below that this Agreement be a complete and unconditional release of the RELEASED PARTIES from all liability to the greatest extent allowed by law.
7. Application of This Agreement
I ACKNOWLEDGE THAT THIS AGREEMENT WILL APPLY FOR EACH AND EVERY TIME I OR MY CHILD OR WARD PARTICIPATES IN HOPE FOR ALLERGIES EVENTS, PROGRAMS, OR ACTIVITIES.