In exchange for participation in the activities of the MAS-ICNA Annual Convention organized by MAS Chicago NFP, a an Illinois Not For Profit corporation, of 9210 S Oketo Ave, Bridgeview, Illinois, 60455, hereinafter referred to as MAS, and/or use of the property, facilities and services of MAS, I agree for myself and (if applicable) members of my group for which I am receiving badges, to the following:
By wearing the assigned badge and participating in any events planned and/or controlled by MAS, I agree to the following: MAS events are provided with no special warranty either express or implied. MAS and its organizers and members, assume no liability for any loss, theft, damage, or injury to property or persons, whether arising in contract, negligence, equity, or otherwise.
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by MAS, or the employees, representatives or agents of MAS.
You assume all risks when participating in MAS events. All participants must use care and good judgment and must obey all rules and regulations of MAS. You will comply with all requests made by employees and staff of MAS. MAS reserves the right to eject any participant who they feel, in their sole discretion, does not comply with the terms of this section. Ejected participants will not be entitled to a refund or any further recourse.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and (if applicable) my group members, and further release and discharge MAS for injury, loss or damage arising out of my or my group's use of or presence upon the facilities of MAS, whether caused by the fault of myself, my group, MAS or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend MAS against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my groups’ use of or presence upon the facilities of MAS.
4. FEES. I agree to pay for all damages to the facilities of MAS caused by any negligent, reckless, or willful actions by me or my group.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Illinois law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that MAS has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.