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Waiver of Liability and Hold Harmless Agreement
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1. Waiver. In consideration for receiving permission to attend and participate in the music festival and related events known as Shadefest (collectively, the “Festival”) held on or about August 10th, 2018 to August 12th, 2018 on or about the premises located at 480 Arnold Hill Road, Elkins, WV 26241 and each place Festival activities are being conducted (the “Property”), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Shadefest, LLC, and its members, managers, officers, agents, employees, licensors, licensees (including, but not limited to the owners of the Property and surrounding land), successors, and assigns (collectively, the “Shadefest Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (and/or my children accompanying me, if any), or to any property belonging to me (and/or my children accompanying me, if any), while participating in such activity, while in, on or upon the Property, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE SHADEFEST PARTIES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. Assumption of Risk. I am fully aware of the risks and hazards connected with attending in the Festival, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in the Festival, knowing that the activities may be hazardous to me (and/or my children accompanying me) and any property belonging to me (and/or my children accompanying me, if any). I understand that the Shadefest Parties do not require me to participate in the Festival. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death that may be sustained by me (and/or my children accompanying me, if any) or any loss or damage to property owned by me, as a result of being engaged in Festival activities, WHETHER CAUSED BY THE NEGLIGENCE OF SHADEFEST PARTIES or otherwise, to the fullest extent allowed by law.
3. Indemnity. I further hereby AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the SHADEFEST PARTIES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that the Shadefest Parties may incur due to my participation in the Festival activities, WHETHER CAUSED BY NEGLIGENCE OF SHADEFEST PARTIES or otherwise, to the fullest extent allowed by law.
4. Binding Effect, Governing Law, Venue, Attorneys’ Fees, and Enforceability. I agree that this Waiver of Liability and Hold Harmless Agreement (this “Agreement”) is effective upon my signature; shall bind me (and my children accompanying me, if any) and the members of my family and spouse, and my heirs, assigns, and personal representative; and shall be deemed as a release, assumption of the risk, indemnification, waiver, discharge, and covenant not to sue the Shadefest Parties. I agree that this Agreement shall be construed in accordance with the laws of the State of Maryland; that any suit or other proceeding must be brought only in the federal and state courts in Maryland; and that the prevailing party in any such proceeding may recover its reasonable costs and attorneys’ fees from the other party. Any portion of this Agreement deemed unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.