RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE
SKANSKA USA
For good valuable consideration, including without limitation the acceptance of the undersigned's entry or participation in the "TMA Contractors Tournament" (the "Event") and being permitted to participate in certain related activities, the undersigned, for himself and his personal representatives, heirs, guest, invitees, employees and crew members hereby (1) RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the following:
SKANSKA USA
and their chapters, subsidiaries, related entities, respective members, volunteers, heirs, successors, assigns, officers, directors, employees, agents, contractors and subcontractors (collectively, the "Releasees") from all liability to the undersigned, his personal representatives, assigns, heirs and next of kin, and for all loss or damage, and all claims or damages therefore, on account of bodily injury, personal injury, death or property damage of or to the undersigned, his guests, invitee, employees or crew, during the Event or arising out of or in any way in connection with the Event and related activities or while the undersigned is competing, or participating, regardless of whether caused in whole or in part by the negligence of Releasees; (2) AGREES
TO INDEMNIFY AND HOLD HARMLESS Releasees and each of them from and against all claims, actions, causes of action, damages, liabilities, losses and judgments (collectively, the "Claims") of or by all guests, invitee, employees and crew of the undersigned for bodily injury, personal injury, death or property damage which they may suffer or incur during the Event or arising out of or in any way in connection with the Event or related activities, regardless of whether caused in whole or in part by the negligence of Releasees; and (3) ASSUMES FULL RESPONSIBILITY for and risk of bodily injury, personal injury, death or property damage of or to himself, his guests, invitees, employees or crew and his boat and equipment due to negligence of Releasees or otherwise during the Event or while participating in the Event or related activities or while in or on the Event premises and the common properties and recreational areas and adjacent docks, piers and boat slips.
YOU PARTICIPATE IN THIS EVENT AT YOU OWN RISK. SKANSKA USA WILL NOT BE RESPONSIBLE for any injuries or property damage resulting, caused by or growing out of the use of the Marina, docks or harbor facilities, including for any negligent conditions. By participating in the event, you RELEASE AND DISCHARGE SKANSKA USA from any and all liability for loss, injury (including death), or damages to person or property sustained while participating, including but not limited to damages or injuries caused by fire, theft, vandalism, wind storm, high or low waters, hail, rain, ice, collision or accident, or any other Act of God, whether on boat, in water, on dock, on land or otherwise.
YOU UNDERSTAND THAT SKANSKA USA shall not be responsible for any damages to any boat resulting from Acts of God (i.e., causes of nature), collisions or accidents, or has been damaged or sunk or any debris from boat owner’s boat.
The undersigned agrees to pay all of the Releasees' costs of defending all Claims and further agrees that this Release, Indemnification and Agreement Not to Sue is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that, if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Photo Release
The undersigned party agrees to allow Skanska USA to use any photographs or video taken by Skanska USA volunteers or staff to be used on Skanska USA websites, Social Media pages and/or for promotional materials and distribution to the general media as it pertains to the Event.