RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration, the receipt and sufficiency of which is hereby acknowledged, for being allowed entry into, and participation in, the concert venue listed in the host’s ticket/registration form (the “Event”) at the Riverbank Ramble (collectively, “Ramble”), the participant (the “Participant”) hereby enters into this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (this “Agreement”) on the date of any Ramble.
- ACKNOWLEDGEMENT OF RISKS: Participant recognizes and understands that there are risks associated with Participant’s involvement in the Event including, but not limited to, bodily injury or death to persons and damage to personal property. Participant further acknowledges and understands that Participant may be held liable and responsible for any and all damage to persons, vehicles and property that is caused by Participant and/or any persons (including, but not limited to, minors) under their care and control, and that arise out of, or are related to Participant’s entry into and participation in the Event.
- PARTICIPANT’S AGREEMENTS: Participant agrees, without limitations, to attend the Event without a firearm or weapon of any kind. Discovery of any weapon would leave the Participant subject to immediate removal from the Event without recourse to any refund. Participant agrees to abide by all federal, state and local laws with respect to behavior. Participate also agrees to follow the instructions of any Event organizers (the “Organizers”), staff members of volunteers with respect to conduct, behavior and safety. Failure to comply with any instructions from said Organizers would leave Participate subject to immediate removal.
- APPLICABILITY AND SCOPE OF RELEASES AND INDEMNITIES: For purposes of this Agreement, “Claims” shall mean any past, present and future claims, losses, costs, expenses, liabilities, demands, or causes of action, and costs of defense or settlement (including, without limitation, attorneys’ fees and court costs). For purposes of this Agreement, the term “Released Parties” shall mean Greg Werlinich, Kathiryn Werlinich, and any staff or volunteers affiliated with the Event. The releases, waivers and indemnities contained in this Agreement expressly shall apply regardless of whether the Claims to be released, waived or indemnified against arise, or are alleged to arise, from negligence (whether sole, joint or concurrent), gross negligence, negligence per se, and/or strict liability of the Released Parties; personal injury, death or property damage; acts of any other persons or guests; theft, burglary, assault, or other crimes; fire, water, wind, rain and/or smoke and /or any other risks and hazards associated with Participant’s entry into, and participation in, the Event, including, but not limited to, the general conditions at the Event, animals both wild and domestic that may be diseased and/or potentially dangerous, persons with firearms both on and off the premises used in connection with the Event, and the driving or riding in any vehicles, whether belonging to Released Parties or to other persons.
- RELEASE FROM LIABILITY: Participant hereby RELEASES AND FOREVER DISCHARGES and WAIVES any and all Claims against any of the Released Parties that arise from, or relate to, Participant’s entry and participation in the Event, including, but not limited to, the types of claims enumerated in Paragraph 2, and agrees not to sue any of the Released Parties for such Claims. Without limiting the foregoing, Participant agrees that the Released Parties shall not be liable to Participant, Participant’s family, or Participant’s successor, assigns, heirs or representatives for personal injury, property damage, or any other Claims arising from or related to Participant’s entry into and participation in the Event.
- AGREEMENT TO INDEMNIFY AND HOLD HARMLESS: Participant agrees to INDEMNIFY and HOLD HARMLESS the Released Parties against any and all Claims arising from, or related to, Participant’s entry and participation in the Event, including, but not limited to, the types of Claims enumerated in Paragraph 2. In addition, and without limiting the foregoing, Participant agrees to INDEMNIFY the Released Parties for any Claims for injuries to any minors under Participant’s care and control and/or the child’s parent/guardian, and for any Claims asserted by, through or under Participant, arising from or related to the Participant’s entry into, and participation in, the Event, including, but not limited to, the types of Claims enumerated in Paragraph 2. As used herein, “INDEMNIFY” means to agree to assume the Released Parties’ liability in a situation, thereby relieving them of responsibility, and/or reimbursing the Released Party for Claims asserted against them.
- ENTIRE AGREEMENT, SUCCESSOR, VENUE: As further inducement to permit Participant’s entry into, and participation in, the Event, Participant represents that Participant thoroughly and completely understands that this is a complete and final release and indemnity agreement, that Participant is freely and voluntarily entering into this Agreement, and that no representations, promises or statements made by any of the Released Parties, or any agent, attorney or other representative of any of the Released Parties has influenced Participant in causing Participant to agree with this Agreement. Participant understands that this Agreement shall be binding on Participant’s heirs, executors, successors and assigns; that the Agreement will be governed by the laws of Connecticut; and that jurisdiction and venue for resolution of any dispute regarding this Agreement shall lie in the Courts of Fairfield County, Connecticut. If any part of this Agreement is determined to be invalid or unenforceable, it does not affect the validity of the remainder of this Agreement. By purchasing a ticket to, and attending, the Event, the Participant agrees to the terms and conditions above, and acknowledges receipt of this Agreement.
