WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND DEFENSE AND INDEMNITY AGREEMENT (“AGREEMENT”)
In consideration of being granted permissive entry onto the premises owned by Bath Iron Works Corporation (“BIW premises”) or Ship, GUEST/ BIW EMPLOYEE entering private event [“You”] hereby waive and release BATH IRON WORKS CORPORATION, its officers, directors, shareholders, employees, agents, attorneys, subsidiaries, parent company, and affiliated companies, successors or assigns [hereinafter “Company”] from any and all claims, damages, or causes of action in law or equity of any type, for personal injury, property damage, emotional distress, wrongful death or any other damages, INCLUDING ANY CLAIMS ARISING OUT OF COMPANY’S OWN NEGLIGENCE, if any, and/or the negligence of any third party, related to or arising out of Your entry onto the BIW premises and/or Ship.
The Parties specifically state that this Agreement is intended to expressly spell out with the greatest particularity, the intention of the parties to extinguish all claims for damages against Company, INCLUDING ANY INJURIES OR DAMAGES CAUSED BY COMPANY’S OWN NEGLIGENCE, that You may have now, or which may in the future arise against Company or any other person in connection with, or arising out of, Your entry onto the BIW premises and Ship. The Parties agree that this Agreement complies with the requirements under Maine law of a complete release of any and all claims and causes of action, including any claims and causes of action for Company’s own negligence as recognized by Maine law.
You acknowledge, understand, and assume all risks relating to Your entry onto the BIW premises and/or Ship. You understand that entry onto the BIW premises and/or Ship involve risk to your person, including bodily injury, mental or emotional injury, partial or total disability, paralysis, and death, and any damages which may arise therefrom.
On BIW property, photography, audio, and video recording may occur. By entering the event premises, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, training, theft prevention, telecasts, advertising, inclusion on websites, social media, or any other purpose by the Company. You release the Company from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or or sound recordings. By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication.
In further consideration of being granted permissive entry onto the BIW premises and/or Ship, You agree that upon the filing or assertion of any claim, notice of claim or lawsuit for Your own or Your guests’ personal injury, property damage, emotional distress or wrongful death or any other damages against Company, YOU SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS COMPANY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BY WHOMEVER OR WHEREVER MADE, INCLUDING ANY AND ALL CLAIMS FOR COMPANY’S OWN NEGLIGENCE. You specifically agree that your duty to defend and indemnify Company from any and all claims, including claims for Company’ own negligence, shall include a duty to pay all attorney’s fees and litigation costs incurred by Company as said fees and costs are incurred.
In further consideration of being granted permissive entry onto the BIW premises, You agree to comply with all applicable rules and regulations of Bath Iron Works Corporation, including without limitation all rules related to safety, environmental, and security operations and Private Event Guidelines.
You agree and acknowledge that each provision of this agreement is severable from and valid and binding regardless of the validity or invalidity of any other clause or clauses of this agreement. This written agreement contains the entire agreement between You and Company. Its terms are contractual and not a mere recital.
You agree that the Agreement shall be construed, interpreted, and enforced in accordance with the substantive laws of the State of Maine. You submit to the personal and subject matter jurisdiction of the Federal and State courts within the State of Maine for any and all matters involving the interpretation and enforcement of this agreement.
Finally, You state that by entering the private event. You have carefully read the foregoing Agreement and know and understand its contents and You have signed the waiver as Your own free act and will.