Dodgeball Waiver

In consideration of being allowed to participate in the MFK Dodgeball Tournament to be held November 17, 2024, and any and all related events and activities (collectively, the “Event”), the undersigned hereby acknowledges and agrees that:

1. The undersigned (referred to herein as “I”) hereby represents and warrants that he/she has the authority to enter into this Waiver and Release Agreement (the “Agreement”) on behalf of himself/herself, and, if applicable, his or her spouse/significant other (“Spouse”), and/or, is the parent or legal guardian of any minor participants (“Minor”) and that he/she has the full power, authority, capacity and right, without limitations, to execute, deliver and perform this Agreement. I, Spouse, and Minor shall collectively be referred to as Participants. Participants agree to all the terms and conditions set forth in this Agreement.

2. Participants acknowledge and fully understand that their participation in the Event may involve the risk of injury, including the possibility of serious injury or death, not only from their own actions, but also from the action or inaction of others, the condition of the premises, or the failure of the equipment used. Participants knowingly agree to assume all such risk, known and unknown, and assume full responsibility for their participation. Participants represent that they are in good physical and mental health and do not suffer from any medical condition which could limit their participation in the Events.

3. Participants agree to conduct themselves during the Event with all due regard for their own safety and the safety of all contestants, observers and bystanders. Participants agree to comply with the directions of all Event organizers, and Participants agree to immediately notify Event organizers if they observe any unsafe condition or behavior during the Event.

4. Participants, and on behalf of all of their heirs, assigns, executors, personal representatives and next of kin, hereby waive and forever release Memories for Kids, Inc. and the Event, together with their officers, directors, employees, members, shareholders, agents, assigns, affiliates, volunteers, sponsors, donees, and organizers (hereinafter “Releasees”) from any and all claims, both present and future, arising from their participation in the Event. I understand that the Releasees do not carry any health insurance for Participants and that Releasees assume no financial responsibility for any medical, health, or disability payments. Participants hereby voluntarily waive any and all claims, both present and future, arising from their participation in the Event, including, but not limited to, claims arising from negligence or negligent rescue operations, and resulting in property damage, loss/diminution of value, personal injuries, illness, wrongful death, or other claims arising from their participation in the Event, including those that are known and unknown, foreseen and unforeseen.

5. Participants agree to indemnify, defend and hold harmless the Releasees from any litigation expense, attorney fees, or claim for property damage or personal injury in connection with their activities with the Event. Participants further covenant not to commence or prosecute any action, suit, or other proceeding against Releasees as a result of any property damage, personal injury, wrongful death, or any other claim arising from their participation in the Event.

6. This waiver and release shall be binding upon Participants, their estate, their legal representatives, their personal representatives, heirs, successors, assigns and guardians. This document shall be broadly construed and governed in accordance with the laws of the state of Nebraska. If any portion of this Release is held invalid or unenforceable for any reason, the remaining portions shall continue to be valid and enforceable.

7. Furthermore, Participants also recognize that the Memories for Kids, Inc. and the Event organizers have the right to record the event through video and still photography of any and all participants. Participants hereby grant permission that such photography may be used for event publicity, public information, or any other promotional use that falls within Memories for Kids, Inc. or Event host activity.