LIABILITY WAIVER, RELEASE, INDEMNIFICATION & ACKNOWLEDGMENT
By submitting this application and participating in the Edward Waters University Homecoming Parade (the "Event"), the undersigned applicant ("Applicant"), on behalf of the participating organization identified in this application (the "Organization") and all of its members, employees, agents, volunteers, invitees, and participants (collectively, "Participants"), acknowledges and agrees to the following:
1. Assumption of Risk.
Applicant acknowledges that participation in the Event involves inherent risks that cannot be eliminated regardless of the care taken to avoid them, including but not limited to risks associated with walking, marching, dancing, musical and other performances, exposure to crowds and spectators, proximity to motor vehicles, floats, trailers, animals, and other equipment, inclement weather conditions, uneven or slippery surfaces, noise, and other parade-related activities. Applicant, on behalf of the Organization and all Participants, voluntarily assumes all risks of injury, illness, death, or property damage arising out of or related to the Organization's or any Participant's involvement in the Event, whether or not foreseeable.
2. Waiver and Release of Claims.
To the fullest extent permitted by law, Applicant, on behalf of the Organization and all Participants, hereby waives, releases, and forever discharges Edward Waters University, its Board of Trustees, officers, directors, employees, agents, volunteers, representatives, students, sponsors, and affiliated entities (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or in any way related to the Organization's or any Participant's involvement in the Event.
3. Indemnification and Defense.
Applicant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees and costs of defense) asserted by any third party and arising out of or related to (a) the acts or omissions of the Organization or any Participant in connection with the Event, (b) any breach of this Agreement, or (c) any alleged violation of applicable law by the Organization or any Participant.
4. Covenant Not to Sue.
Applicant, on behalf of the Organization and all Participants, covenants not to file suit or otherwise initiate any legal proceeding against any of the Released Parties with respect to any claim released under Section 2 of this Agreement.
5. Vehicle and Equipment Requirements.
Applicant certifies that all vehicles used by the Organization in the Event will be (a) properly licensed, registered, and insured in accordance with applicable Florida law, including minimum liability coverage required under Florida Statutes Chapter 324, (b) in safe operating condition, and (c) operated only by persons who possess a valid driver's license appropriate for the class of vehicle being operated. Applicant further certifies that all floats, trailers, and equipment used by the Organization comply with applicable safety standards and with any specifications established by Edward Waters University for the Event.
6. Compliance with Rules and University Policies.
Applicant acknowledges receipt of the Homecoming Parade Rules & Participation Requirements and agrees that the Organization and all Participants will comply with those rules, all reasonable instructions of Event organizers and university officials, and all applicable Edward Waters University policies, local ordinances, and state and federal laws.
7. Media Release.
Applicant, on behalf of the Organization and all Participants, grants Edward Waters University and its designees the irrevocable right and permission to photograph, film, record, and otherwise capture the likeness, image, voice, and performance of the Organization and its Participants during the Event, and to use, reproduce, distribute, and display such materials in any medium for promotional, educational, or other institutional purposes, without compensation or further approval.
8. Medical Authorization.
In the event of an injury or medical emergency involving any Participant, Applicant authorizes Event organizers to contact emergency medical services on the Participant's behalf. Applicant acknowledges that neither Edward Waters University nor any Released Party assumes any responsibility for providing medical care or for the cost of any such care.
9. Insurance.
Applicant represents that the Organization maintains, or will obtain prior to the Event, general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, and will provide a certificate of insurance naming Edward Waters University as an additional insured upon request.
10. Severability.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
11. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the state and federal courts located in Duval County, Florida.
12. Binding Effect.
This Agreement is binding upon the Organization, its Participants, and their respective heirs, executors, administrators, successors, and assigns.