Athletic Competition Release of Liability: For the 50th Annual Clare Irish Festival
READ CAREFULLY-THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of the Clare Irish Festival strongman game competitions organized by Michigan Scottish Athletics (MSA) (Sarah Bliven), Clare Area Chamber of Commerce (CACC), and the City of Clare, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by the hosts; Michigan Scottish Athletics (MSA) Sarah Bliven and the CACC Team.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge the CACC Team for injury, loss or damage arising out of me or my family's use of or presence upon the facilities (Witbeck’s Family Foods) of the CACC Team, whether caused by the fault of myself, my family, the CACC Team or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend the CACC Team against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from me or my family's use of or presence upon the facilities of the CACC Team.
4. FEES. I agree to pay for all damages to the facilities of the CACC Team caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. In reference to minors, I agree that I have legal authority over and custody of my minor athlete, and will sign an additional waiver upon final registration on the day of the event.
6. MEDICAL AUTHORIZATION. In the event of an injury to myself or the above minor during the above-described activities, I give my permission to the CACC Team or to the employees, representatives, or agents of the CACC Team to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will remain in effect for the duration of the event, beginning with the ground’s setup on 3/15/2025 through final tear down of the event 3/15/2025 or until terminated in writing by the undersigned, whichever occurs first. The CACC Team shall have the following powers:
A. The power to seek appropriate medical treatment or attention on behalf of myself or my child may be required by the circumstances, including without limitation, that of a licensed medical physician and/or hospital.
B. The power to authorize medical treatment or medical procedures in an emergency situation.
C. The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Michigan law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILTY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.