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I acknowledge that I am voluntarily participating in the Everywhen Event (hereinafter “Activity”) and assume all risks associated with my attendance which may include, but not be limited to, physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from my own or other’s actions, inactions, or negligence, or the condition of the Activity’s location or facilities. Nonetheless, I assume all risks of my participation in the Activity, whether known or unknown to me, including travel to and from the Activity (including air travel) or any events incidental to this Activity. These risks also include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the organizers of the Activity, i.e., the Everywhen, the Everywhen Event and its officers, directors, employees, agents, representatives, and volunteers (collectively, “the Everywhen Project”), and its participants, volunteers, vendors, and spectators; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; and (g) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable. I knowingly and voluntarily assume all risk of property loss, personal injury, or death, which may occur by attending the Activity.
If I need medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that any and all parties associated with the Activity do not provide health insurance for me and that I should carry my own health insurance.
I consent to medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release the Everywhen Project and all persons participating in any such medical treatment from all responsibility for any such actions.
I certify that I am physically able to participate in the Activity, including any activity or performance associated therewith, and have not been advised otherwise by a qualified medical professional.
I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue the Everywhen Project, its officers, directors, members, employees, volunteers, representatives, agents, landlords, contractors and subcontractors, and other participants, vendors, sponsors, affiliates, and if applicable, owners and lessors of equipment, art installations and premises used to conduct the Activity or related activities (collectively the “Releasees”), for any and all claims for damages, injuries, losses, liabilities and expenses that I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in the Activity, including any injury or damage to my person or property, or to that of any other person or property. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
In consideration of the granting of permission by the County of Pershing to use County facilities and to participate in the activities, I hereby assume all risk of personal injury to person or property received by me or arising out of the use of the County facilities and adjacent area.
If I am a parent or guardian, I acknowledge that I am responsible for my children at all times. I understand that there are potentially extreme weather conditions at the Activity site, and that I am solely responsible for ensuring that my children are safe. I hereby release the Everywhen Project and the County of Pershing, and their respective agents, employees and subcontractors, whether paid or volunteer, from any liability related to injuries or accident, which may arise from my children (or children in my care) being near or participating in any activity on the the Everywhen Event property.
I agree to indemnify and hold harmless the Everywhen Project, its officers, directors, employees, volunteers, representatives, agents, and contractors from any and all claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or in connection with my actions, omissions, or violations of this agreement during my attendance at the Everywhen.
I agree to comply with any and all rules, regulations, terms and conditions of the Event, including, but not limited to, the following:
I acknowledge the following are prohibited at the Activity: Firearms. Explosives. Pets. Illegal Drugs. All vehicles including trucks, trailers and RVs entering the Activity are subject to search by gate staff for prohibited items. By executing this waiver, the undersigned voluntarily agrees to such search.