Waiver & Release

In consideration of the opportunity to participate in the tours, activities, and/or events (collectively referred to herein as the “Event”) to be conducted by Cherokee Nation Cultural and Economic Development, LLC (herein referred to as “Company”) and myself (referred to herein as “Participant”), and for the other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:

  1. I FULLY ASSUME ALL RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example and not limiting, the following: loss of personal property while in the care and/or custody of a myself, a third party or the Company; inherent dangers of Event-related activities in which I willfully participate, including but not limited to the possibility of physical injury, mental trauma, or death associated with these activities; and THE RELEASED PARTY’S OWN NEGLIGENCE.

  2. I HOLD HARMLESS AND FOREVER RELEASE AND DISCHARGE COMPANY AND ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, JUDGMENTS, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) AND OTHER CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), WHICH I OR MY HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS HAVE OR MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM MY PARTICIPATION IN THE EVENT, EXPRESSLY INCLUDING CLAIMS OCCASIONED BY OR INCIDENT TO OR CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY KIND OR DEGREE, STRICT LIABILITY, BREACH OF WARRANTY OR FAULT OF THE RELEASED PARTIES, OR ANY OTHER THEORY OF LIABILITY OR STRICT LIABILITY ON THE PART OF THE RELEASED PARTIES. I FURTHER AGREE TO INDEMNIFY AND HOLD EACH OF THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL SUCH CLAIMS AND ANY CLAIMS RESULTING FROM MY OWN ACTIONS WHILE PARTICIPATING IN THE EVENT.

  3. I grant Company the permanent, unrestricted, unlimited, absolute, and irrevocable right to photograph, videotape, film, and/or record Participant and to use Participant’s name, likeness, voice, or information about Participant related to involvement in the Event for any lawful purpose, specifically including marketing and communications.

  4. I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert any claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any provision herein or as consent to any other provision herein or as a consent to and subsequent waiver and modification. This release serves as a contract with legal consequences.

  5. GOVERNING LAW: This Waiver and Release Form shall be governed by the laws of the Cherokee Nation, and any legal action relating to or arising out of this Waiver and Release Form or participation in the Event shall be commenced exclusively in the District Court of the Cherokee Nation. I expressly agree that this waiver and release is intended to be as broad and inclusive as permitted and that if any portion is held invalid, the remainder shall continue in full legal force and effect.

Media Contact