Vet Fest Event Waiver
By signing this Event Release and Waiver of Liability (“Waiver”), and for consideration of participation in the 2021 Vet Fest Event (“Event”), currently scheduled to take place on August 26th-29th, 2021, I fully and completely waive and release Vet Fest (“Vet Fest”), its directors, officers, past and present employees, volunteers, agents, participants, all state and local governments, assigns, sponsors, their representatives and successors and assigns (collectively, the “Releasees”), from any and all claims, liabilities, damages, and/or causes of action arising out of an injury to me (or my dependent) and from any and all claims, liabilities, damages, and/or cause of actions arising from, or relating to, my (or my dependent’s) participation or attendance in the Event, including but not limited to each and every risk set forth in this Waiver.
Inherent and Potential Risks
I understand that the Event will be outside and will involve physical activity associated with walking, prolonged standing, and being enclosed by crowds. I understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in the Event, including relating to the risk of strenuous physical activity, tripping, collisions with other participants, or falling. I acknowledge that I (or any person listed on this Waiver) may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume all risks associated with coming into contact with unstable terrain, other participants and volunteers, collisions with other participants, vehicles, and pedestrians, negligent or wanton acts of other individuals, any defects of conditions of surfaces (including uneven or wet surfaces or gravel), failure of other participants, vehicles, and non-participants to yield or follow common practices or laws, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity.
I attest that I (or any dependent under my care) am medically and physically able to participate in the Event. If I experience any doubt as to my (or any dependent under my care’s) ability to successfully and safely participate in and/or complete the Event, I take full responsibility for consulting a physician. I attest that, if I (or any dependent under my care) am pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I (or any dependent under my care) should have or did consult a physician prior to participating in the Event. I acknowledge and understand that in the event of injury to me (or dependent under my care), the Releasees are in no way responsible or liable for assisting in any way with obtaining medical treatment.
COVID-19 Liability Waiver
I hereby acknowledge and understand that the 2019 novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious and easily spread through air, person-to-person contact, and contact with contaminated objects. People can be infected and show no symptoms yet still spread the disease. Evidence suggests that COVID-19 can cause serious and potentially life-threatening illness and even death.
By signing this Waiver, I hereby acknowledge and agree that Vet Fest is taking appropriate and reasonable steps to hold all of its events, including the Event, in a safe and healthy manner in consideration of its attendees and participants. However, I acknowledge and understand that Vet Fest does not make any guarantees that I will not become exposed to, or infected by, COVID-19 while participating in the Event. Due to the contagious nature of COVID-19, I voluntarily assume the risk that I may become exposed to, or infected by, COVID-19 while participating in the Event and that such exposure or infection may result in illness, disability, and/or death.
By signing this Waiver, I knowingly and voluntarily agree to follow all required and relevant federal, state, local, and Vet Fest guidelines and recommendations to maintain the health and safety of other Event participants. I acknowledge that failure to comply with these practices may result in exposure to, or contraction of, COVID-19 and may put others at risk. On the day of the Event, or just prior to, I acknowledge and agree that I will fully and truthfully fill out and sign any additional waivers, releases, and/or questionnaires that may be required of me by Vet Fest as a condition to participating in the Event.
By signing this Waiver, I acknowledge and agree that I will not gather with other people or come in physical contact with any other persons while participating in the Event if I have experienced any illness or COVID-19 related symptoms within any of the fourteen (14) days immediately prior to the Event. Such symptoms include, but are not limited to, cough, fever, higher than normal temperature, abnormal fatigue, abnormal body aches/pain, shortness of breath, nausea and/or loss of taste or smell. I will not gather with other people or come in physical contact with any other persons while participating in the Event if I have tested positive for COVID-19, or if I have been in contact with any person that has tested positive for COVID-19 or shown COVID-19 related symptoms, within any of the fourteen (14) days immediately prior to the Event.
By signing this Waiver, I acknowledge and understand its intent and for myself, my heirs, executors, administrators and representatives do hereby agree to absolve and hold harmless Vet Fest, all Event vendors, and all individuals and organizations connected with the Event in any way, together with their respective successors and assigns, from and against any liability arising from me being exposed to, or infected by, COVID-19. I understand that if I am found to have contracted or been exposed to COVID-19 as a result of participation in the Event, then a court of law or third-party mediator or arbiter shall find I have waived my right to a claim against Vet Fest. I further agree to indemnify, defend, and hold harmless Vet Fest from any claim that may arise from, or relate to, me exposing any individual to COVID-19.
Security and Traffic
I understand that, although police or security protection may be provided, there may be traffic in the parking lot during the Event, and I must watch for vehicles. I understand that the Event is a public event and that there is a risk that theft of my personal belongings may occur. I also understand that police and security may not be able to protect me from physical or verbal assault from any other attendee at the Event. I assume all risk of threats to my safety at the Event and theft of my personal belongings.
Food and Drink Consumption
I assume all risks associated with consuming any food or drink during the Event. I am solely responsible for any adverse health effects from food or beverage consumption, regardless of any allergy, known or unknown, that I (or any person listed on this Waiver) may have. I understand that alcoholic beverages will be served at the Event. I agree to assume all liability which may arise out of the consumption of alcoholic beverages by me or anyone at the Event.
Photography and Website Release
I hereby grant full permission to Vet Fest to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this Event, including all Vet Fest sponsored pre and post Event activities, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of Vet Fest. Further, I relinquish all rights, title, and interest in any and all photographs, motion pictures, recordings, or other records of the Event I may take or capture to Vet Fest.
I attest that if I attend the Event with a minor or disabled person under my care (“dependent”), that I am in fact the parent or legal guardian of the dependent while they are at the Event. I hereby give my approval to the dependent’s participation in the Event. I assume all risks and hazards incidental to such participation, and I hereby waive, release, absolve, indemnify, and agree to hold harmless Releasees for any claim arising or any injury to such dependent and from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever arising out of or connected with such dependent’s participation in the Event. I consent to the foregoing and grant permission for such dependent to participate in the Event. I attest that if such dependent is under fourteen (14) years of age as of the date of the Event, he or she will be accompanied by an adult eighteen (18) years of age or older throughout the entirety of his/her participation in the Event.
I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to my visit to and/or participation in attractions, transportation, and activities at Vet Fest, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my visit to and/or participation in attractions, transportation, and activities Vet Fest, at my own expense.
Waiver of Jury/Class Action
I WAIVE ANY RIGHT TO A JURY TRIAL. I WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION.
If any provision or part thereof of this Waiver is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from this Waiver without affecting the binding force or effect of any other part or provision.
Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue
Having reviewed the foregoing risks in their entirety, in consideration for being permitted to participate in or attend the Event, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following:
TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me (or dependent in my care), or any loss or damage to property owned by me (or dependent in my care), as a result of participating in or attending the Event.
TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or dependent in my care), or to any property belonging to me (or dependent in my care), while participating in or attending the Event including, including but not limited to, any claim that the act or omission complained of that was caused in whole or in part by the negligence of the Releasees.