Performer understands that accidents and injuries can arise out of the Event; knowing the risks, nevertheless, and in consideration for being permitted to participate in the Event on the Date, Performer hereby waives, releases and discharges any and all claims for damages for death, personal injury, or property damage which Performer may have, or which hereafter accrue to Performer, against the Black Education Historical Exhibit , its elected and appointed officers, and board members, from and against any and all liability arising out of or connected in any way with Performer’s participation in the Event, even though that liability may arise out of negligence or carelessness on the part of the Black Education Historical Exhibit. It is further understood and agreed that this Agreement is to be binding on Performer’s heirs and assigns. Performer hereby grants Black Education Historical Exhibit the right to photograph or video-record Performer during or in connection with the Event, and to use Performer’s photographed or video-recorded likeness, and any image, silhouette, or reproduction of the voice or appearance of Performer taken during or in connection with the Event (“Likeness”), for any purpose, including public it and promotion of Black Education Historical Exhibit and its events, and creation or production of materials in any form for such purpose, with no claim of entitlement to any license fee or royalty of any kind from Black Education Historical Exhibit. Performer does understand that they will perform at no cost to the Black Education Historical Exhibit. Performer hereby waives any right to the intellectual property of Performer’s Likeness. The rights granted by Performer hereunder shall not expire. Performer further agrees to indemnify, defend and hold harmless Black Education Historical Exhibit from and against any and all claims, liabilities, losses, damages, expenses, costs (including without limitation costs and fees of litigation) of every nature (including, but not limited to, property damage, bodily injury, or death), whether imposed by law or otherwise, sustained or alleged to be sustained by any person or entity (whether they be members of the public visiting the Event, employees of the Black Education Historical Exhibit , other performers or exhibitors at the Event, or otherwise), occurring at, arising from, or connected with, Performer’s preparation, presentation or performance at the Event, Performer’s actions or inactions at the Event, persons performing services for Performer at the Event, or resulting from any equipment, machinery or items displayed or used by the Performer for the Event, except for such claim, liability, loss, damage, expense, or cost which was caused by the sole negligence or willful misconduct of the Black Education Historical Exhibit . Performer further agrees that no oral representations, statements, or inducements apart from this Waiver and Release Agreement have been made by Black Education Historical Exhibit or anyone else with regard to the subject matter of this Waiver and Release Agreement. This Waiver and Release Agreement is intended to be construed broadly to the full extent permitted under the laws of the State of Georgia, and if any portion thereof is held by a court of competent jurisdiction to be invalid, the balance shall, notwithstanding, continue in full legal force and effect. I have carefully read this Waiver and Release Agreement and fully understand its contents. By signing below, I understand I am giving up valuable legal rights. I knowingly and voluntarily give up these rights of my own free will. IF PERFORMER IS 18 YEARS OF AGE OR OLDER:
