The individual named below (referred to as "I" or "me") desires to participate in the “Winter Hiking Challenge” program offered by the Cincinnati Parks Foundation, an Ohio non-profit corporation, located at 421 Oak Street, Cincinnati, Ohio (the "Foundation"). As lawful consideration for being permitted by the Foundation to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (the "Agreement").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF FOUNDATION. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE FOUNDATION OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Foundation, and its officers, directors, employees, agents, volunteers, vendors, contractors, affiliates, shareholders, successors and assigns (collectively, "Releasees"), arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Foundation or any Releasees or otherwise. I covenant not to make or bring any such claim against the Foundation or any other Releasee, and forever release and discharge the Foundation and all other Releasees from liability under such claims.
I further consent and authorize the Foundation and any of its subsidiaries, and anyone else they may authorize, to use photographs, audio recordings and/or video recordings taken of me in connection with the Activity, including my name, likeness and voice, as well as any testimonial statements made by me (“Publicity Items”), and any reproduction of them in any form, for the purpose of publicizing, promoting and advertising the Foundation’s activities in any media now known or later developed, in perpetuity and throughout the world. I acknowledge that I will receive no fee for the use of my name, statements and Publicity Items herein. I further acknowledge that the Foundation is the owner of all rights in and to the photograph(s), motion pictures and video of my image described above.
This Agreement constitutes the sole and entire agreement of the Foundation and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Foundation and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Hamilton County, Ohio, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FOUNDATION.

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