Bastard Release from Hell
Chock full 'o Wholesome Legal Goodness(tm)
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND CONSENT AGREEMENT
IN CONSIDERATION of being permitted to participate in any way in the 1999
r00t WaRz (henceforth referred to as "Wars"), I, for myself, my
personal representatives, assigns, heirs, and next of kin:
- ACKNOWLEDGE, agree, and represent that I understand the nature
of r00t WaRz Activities and that I am qualified, in good health, and
in proper physical and mental condition to participate in such Activity.
I further acknowledge that the Wars will be conducted on a privately built
network and facilities open to the public ("Network") and the Internet during
the Wars and upon which the hazards of telecommunications are to be expected.
I further agree and warrant that if at any time I believe conditions to be
unsafe, or my hardware and/or data to be exposed to risks unacceptable to me,
I will immediately discontinue further participation in the Wars.
- FULLY UNDERSTAND that:
- TELECOMMUNICATIONS ACTIVITIES INVOLVE RISKS AND DANGERS
OF SERIOUS SECURITY COMPROMISE, DATA LOSS, AND/OR THEFT
OF SERVICES ("RISKS");
- these Risks and dangers may be caused by my own actions
or inactions, the actions or inactions of others participating
in the Wars, the condition in which the Activity takes place,
or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW;
- there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either
not known to me or not readily foreseeable at this time; and
I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY
FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my
participation in the Wars;
- my continued participation in the Wars is dependant upon my
adherence to the rules and regulations laid down by the convention
staff and that violation of these rules may, at the discretion
of the staff, result in my immediate disconnection from the Network,
and dismissal from the convention site.
- HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the PhreakNIC
convention, its respective administrators, directors, agents, members,
volunteers, and employees, other participants, any sponsors, advertisers, and,
if applicable, owners and lessors of premises on which Wars take place,
(each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS,
DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED
IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE,
INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if,
despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
AGREEMENT, I, or anyone on my behalf, makes a claim against any of the Releasees,
I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any
litigation expenses, attorney fees, loss, liability, damage, or cost which may
incur as the result of such a claim.
- AGREE TO restrict any activities which might be considered actionable
by local, state, federal, or international law enforcement agencies to the extent
of the Network constructed at the convention site for the purposes of the Wars,
and not to engage in or endeavor to engage in any activities via the
gateway connecting the Network to the Internet that could be construed as a
violation of civil, local, state, federal or international laws as a function
of the rules of the Wars, nor will I endeavor to bypass the checks in place to
ensure that I adhere to the statements in this agreement.
- FURTHERMORE AGREE that any activities or endeavors that I may undertake
during the Wars, or during the convention itself are my own actions, and I
accept full, complete, and EXCLUSIVE liability for both my actions and the
results thereof.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I
HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND
WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE
AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW
AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE
BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
PRINTED NAME OF PARTICIPANT :
ADDRESS - STREET :
CITY/STATE :
ZIP :
PHONE (OPTIONAL) :
DATE :
PARTICIPANT'S SIGNATURE :
note:
This information is only for the purposes of covering our butts and will not
be disclosed to anyone for ANY reason unless we need it to defend against
and/or protect ourselves from anything stupid you might do.
You don't sign this, you don't go online, dig?
--- Flywheel, Shyster & Flywheel - Attorneys at Law ---