Waiver and Release from Liability

I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge JPS Fund Inc. and its agents, employees, officers, directors, affiliates, successors and assigns (“Indemnified Parties”), of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of, or for the benefit of, JPS Fund Inc. (“Claims”); provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.  The Indemnified Parties shall also include any third party owning, operating or managing the premises on which any events or activities are being conducted by or for the benefit of JPS Fund Inc., and such third parties are hereby express third party beneficiaries hereof with respect to any Claims against them.

I understand that the events or activities in which I participate for or on behalf of JPS Fund Inc. may be considered (but do not have to be) of a volunteer/event nature, or for the benefit of a 501(c)(3), and/or dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns and next of kin, I waive all claims for damages, injuries and death sustained to me or my property, that I may have against the aforementioned Indemnified Parties relating to such events or activities. By this WAIVER AND RELEASE, I assume any risk, and take full responsibility and waive any claims of personal injury, death, or damage to personal property associated with the activities and functions in which I participate.  For purposes of this WAIVER AND RELEASE, references to “events or activities”  include, but are not limited to, any volunteer activities, community events or leagues, using the facilities and equipment of JPS Fund Inc. or any third party (including, without limitation, sports complexes and facilities), practicing and/or engaging in organizational functions, philanthropic activities, other nonprofit or for profit engagements or functions and fundraisers or other related activities.

This WAIVER AND RELEASE contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.  This WAIVER AND RELEASE shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, regardless of the choice of law provisions of Massachusetts or any other jurisdiction.

The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the events or activities referenced herein, whether by agreement, by operation of law, or otherwise. I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE (including by means of electronic acknowledgement or signature) I have given up considerable future legal rights. I have signed this WAIVER AND RELEASE freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature or acknowledgement is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.

I hereby grant JPS Fund Inc. and its partners permission to use photos and/or video of me, including my image, likeness, and voice. I understand that JPS Fund Inc. and its partners may publish the material in any manner the organization deems appropriate in order to document or promote the work of JPS Fund Inc. and its partners. This includes brochures, websites, email messages, social media, educational materials, and any other publication whether printed or electronic.