THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“Release”) is effective as of the date of signature below by the above-named individual (“Participant”), or, if the above-named Participant is under 18 years of age as of the date of signature below, by the Participant's parent or legal guardian listed below ("Guardian"), in favor of J. R. SIMPLOT COMPANY, LLC a Nevada limited liability company, its subsidiaries and affiliates, and each of their respective current and future affiliates, parents, directors, officers, shareholders, members, partners, employees, subsidiaries, representatives, agents, successors, assigns, officials, sponsors, advertisers, and volunteers (collectively, “Simplot”).
Participant desires to volunteer at, engage in activities related to, and/or participate in the track meet and events known as the Simplot Games, scheduled to be held February 18-20, 2027, at Idaho State University (the “Activities”). In exchange for being allowed to attend and to volunteer at, engage in activities related to, and/or participate in the Activities, Participant (or Guardian, if Participant is under the age of 18, in which case all references to Participant hereinafter shall be deemed to include Guardian), hereby freely, voluntarily, and without duress execute this Release and agree to the
following:
1. Compensation/Employment Status. Participant understands that Participant will receive no compensation or remuneration for his/her services and/or participation in and attendance at the Activities and will not be eligible for any employee benefits. If Participant is an employee of Simplot, Participant understands that Simplot does not require Participant to participate in or attend the Activities, and expressly acknowledges that Participant’s participation in the Activities is not within the course of his/her employment with Simplot.
2. Assumption of Risk. Participant agrees s/he is solely responsible for his/her own safety and well-being at all times and under all circumstances while participating in and/or attending the Activities. Participant is aware and understands that the Activities may be inherently dangerous and may expose Participant to a variety of foreseen and unforeseen hazards and risks, including, but not limited to, falls, contact with or exposure to other individuals, conditions of the premises and/or equipment, weather extremes, the potential for bodily injury, sickness, disease, disability, paralysis, loss of life, loss of or
damage to equipment/property, and other undefined risks and dangers (“the Risks”). Participant acknowledges that s/he is voluntarily participating in and attending the Activities and has considered the Risks. Participant hereby expressly and specifically assumes the Risks and responsibility for any damages, liabilities, losses or expenses incurred, including any and all risk of injury, harm, or loss to person or property that Participant may incur as a result of participation in and/or attendance at the Activities.
3. Release, Waiver, and Indemnification. Participant hereby fully and forever releases, discharges, expressly waives and covenants not to sue, and further agrees to indemnify, defend and hold harmless the following parties, as relevant and applicable in each instance: Simplot; all participants in, organizers, sponsors and promoters of, and attendees at, the Activities (whether athletes or non-athletes); USATF; the host organization and the facility; the venue and property owners or operators upon which the Activities take place and each of the foregoing’s respective current and future parents, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, volunteers, successors, and assigns (individually and collectively, the “Released Parties”), with respect to any
liability, claim(s), demand(s), cause(s) of action, damage(s), loss(es) or expense(s) (including court costs and attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to Participant’s participation in and/or attendance at the Activities, except to the extent caused
by the gross negligence and/or willful misconduct of any of the Released Parties. Participant further agrees that if, despite this Agreement, Participant, or anyone on his/her behalf, makes a claim for Liability against any of the Released Parties, Participant will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim,
except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties, as relevant and applicable in each instance.
4. Medical Treatment. Participant hereby gives consent and authority to Simplot to obtain
medical treatment on Participant’s behalf if s/he requires medical attention during participation in or attendance at the Activities. Participant understands and agrees that s/he is solely responsible for all costs and expenses related to such medical treatment (including transportation costs). Participant hereby releases, forever discharges, and holds harmless the Released Parties from any claim whatsoever in connection with such treatment or other medical services.
5. Insurance. Participant understands that Simplot does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, workers’ compensation, or disability insurance of any nature in the event of any injury, illness or death, or damage to or loss of property.
6. Publicity Release. Participant hereby consents to be photographed, recorded, and/or filmed (including by drone) by Simplot, its designees, agents, licensees, successors, and assigns, and whoever else Simplot may designate from time to time (collectively, the “Simplot Parties”), in each case solely during
and/or in connection with the Activities. Participant acknowledges and agrees that such photographs, recordings, and/or footage (collectively, “Content”) may or may not include Participant’s name, likeness, image, voice, appearance, performance, and/or oral or written statements (collectively, “Likeness”), and that the Simplot Parties may distribute such Content (and Participant’s Likeness incorporated therein), in whole or in part, internally and/or to the public. Participant agrees to grant and hereby grants the Simplot Parties, the irrevocable, royalty-free, perpetual, worldwide, and unrestricted right to use, reproduce, modify, distribute, perform, and display the Content (and the Participant’s Likeness incorporated therein), in whole or in part, for the purpose of advertising and marketing Simplot and/or the Activities, in any and all media, now known or hereafter developed. Participant hereby waives any right s/he may have to inspect or approve the Simplot Parties’ use of such Content and Likeness. Participant understands and agrees that s/he grants these rights without
restriction as to changes or alterations that the Simplot Parties may make to the Content, provided such changes or alterations shall not alter the accuracy of any of Participant’s statements or render them defamatory. Participant understands and agrees that the Simplot Parties are under no obligation to use
the Content, Likeness, or any of the rights granted in this Release, and that Participant shall not be entitled to any compensation for the use of the Content or Likeness. Participant hereby gives all clearances, copyright and otherwise, and waives all claims (including invasion of privacy claims) for the use of Participant’s Likeness as embodied in the Content.
7. Miscellaneous. Participant agrees that this Release represents the full understanding between the parties and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, with respect to the subject matter hereof. If any term or provision of this Release
shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted by law. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of Simplot and Participant and each of their respective successors and assigns. This Release shall be governed by and interpreted in accordance with the laws of the State of Idaho, without regard to conflicts of law rules or principles. Participant hereby warrants that s/he is of legal age and competent to enter into this Agreement, that s/he read this Agreement carefully, understands its terms and conditions, acknowledge that s/he will be giving up substantial legal rights by accepting it (including the rights of his/her spouse, children,
guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that s/he has accepted this Agreement without any inducement,
assurance or guarantee, and intends for his/her acceptance to serve as confirmation of his/her
complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. If Participant is under the age of 18, Guardian hereby agrees: a) the Guardian acknowledges and understands the Risks, as defined above; b) the Guardian acknowledges the rights waived by both the Guardian and the Participant by accepting this Agreement; and c) the Guardian acknowledges that the Guardian will indemnify the Released Parties from any and all Liability which may arise out of, result from, or relate in any way to the Participant’s participation in the Activities, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
8. Protection of Minors. Participant shall follow Idaho State University’s (“ISU”) Protection of Minors Policy (the “Policy”). Participant acknowledges that they have had the opportunity to review the Policy as posted on ISU’s policy page at https://www.isu.edu/media/libraries/isu-policies-and-procedures/governancex2flegal/Protection-of-Minors-ISUPP-1080.pdf BY SIGNING, PARTICIPANT ACKNOWLEDGES THAT THEY READ AND UNDERSTOOD ALL OF THE TERMS HEREIN; PARTICIPANT UNDERSTANDS THAT THIS RELEASE DISCHARGES THE RELEASED PARTIES FROM
ANY LIABILITY OR CLAIM THAT PARTICIPANT MAY HAVE AGAINST THE RELEASED PARTIES WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, EXPECT TO THE EXTENT CAUSED BY ANY OF
THE RELEASED PARIES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND PARTICIPANT
UNDERSTANDS THAT S/HE IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS.