EMOTION ARTS & MUSIC FESTIVAL WAIVER
1. I hereby certify that I am over 18 years of age and competent to execute this release.
2. “Released Parties” refers to Emotion Arts & Music Festival, and any of its affiliates, agents, employees, independent contractors, officers, directors, members, managers, volunteers, insurers, attorneys, heirs, predecessors, successors, administrators, assigns and any other person or entity in any way associated with the Emotion Arts & Music Festival.
3. “Festival” means the 2019 Emotion Arts & Music Festival to be held August 1 - 5, 2019 at St. Laurent, Manitoba, including all preparation and construction for the Festival, whether before or after the Festival opens or closes, which are in any manner related to or part of the Festival. Release and Consideration.
4. AS LAWFUL CONSIDERATION FOR MY BEING ALLOWED TO PARTICIPATE IN THE FESTIVAL.
a) I, on behalf of myself (and on behalf of my executors, administrators, heirs, next of kin, successors, assign, and anyone claiming any interest in them), hereby KNOWINGLY, INTENTIONALLY AND VOLUNTARILY ASSUME ALL OF THE RISKS AND LIABILITY ARISING FROM BY PARTICIPATION IN THE FESTIVAL AND HEREBY WAIVE, RELEASE, INDEMNIFY AND AGREE TO HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES AND LIABILITY (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS), that I, my family, heirs, successors, assigns and anyone claiming any interest through me, MAY HAVE FOR ANY INJURY, DEATH, HARM OR PROPERTY DAMAGE CAUSED TO ME OR BY ME OR BY OTHERS ACTING ON MY BEHALF, ARISING OUT OF MY PARTICIPATION IN THE FESTIVAL. I acknowledge and agree that the liability I am hereby assuming may arise from negligence or carelessness on the part of the Released Parties.
b) I personally assume all risks, whether foreseen or unforeseen, in connection with my participation in the Festival, for any harm, injury, or damage that may befall me while I participate in the Festival, including the risk of negligence or any party or participant including, Festival Vendor, Exhibitor & Volunteer Release of Liability, Waiver and Indemnity.
c) In consideration of my participation in the Festival, I hereby acknowledge and agree that I am a knowing, willful and willing participant, that this Agreement may be sued by the Released Parties, and any of their respective directors, officers, employees or agents, as well as by the venues and event sponsors or organizers, in any action arising from activities related to Festival events in which I participate, with this Release of Liability, Waiver and Indemnity Agreement.
d) I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS FORM IS A WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND A LEGALLY BINDING CONTRACT WHICH I AM SIGNING OF MY OWN FREE WILL.
e) I understand and agree that the Released Parties may NOT be held liable or responsible in any way to me or my family, heirs, successors, assigns, or anyone claiming any interest through me, for any injury, death, or other damage that may occur as a result of my participation on the Festival or as a result of the negligence of any participant or party, including, but not limited to, the Released Parties.
f) By purchasing a ticket, it is my intent to release, waive, hold harmless and indemnify all of the Released Parties from all liability, claims or causes of action connected with my participation in the Festival, and to personally assume all risk of injury or death. I UNDERSTAND THAT THE TERMS OF THIS DOCUMENT ARE CONTRACTUAL AND NOT A MERE RECITAL AND UNDERSTAND THAT I WOULD NOT BE PERMITTED TO PARTICIPATE IN THE FESTIVAL WITHOUT ENTERING INTO THIS AGREEMENT. I HAVE SIGNED THIS DOCUMENT VOLUNTARILY AND OF MY OWN FREE WILL.
5. I have read and understood this Agreement and I am voluntarily agreeing to these terms on behalf of myself. I understand that by purchasing a ticket I am waiving important legal rights on my behalf and on behalf of my family and heirs.
6. I hereby consent to any hospital care or medical or surgical diagnosis or treatment which may be necessary as a result of my participation in the Festival. I am solely responsible for all applicable charges for any such medical diagnosis or treatment and represent that I either have insurance coverage adequate to cover such expenses or am financially capable of paying for such expenses. If I become incapacitated and am unable to give consent for medical treatment, I hereby grant all appropriate medical personnel permission to perform any medical treatment they deem appropriate.*
7. I hereby authorize any images or video footage taken of myself, in whole or in part, individually or in conjunction with other images and video footage, to be displayed on the Emotion Arts & Music Festival outlets and other official channels, and to be used for media purposes including promotional presentations and marketing campaigns.
8. I waive rights to privacy and compensation, which I may have in connection with such use of my name and likeness, including rights to be written copy that may be created in connection with video production, editing and promotion therewith.
I hereby affirm that I have read this document in its entirety. By purchasing a ticket, I agree with each and every term and condition of the Emotion Arts & Music Festival Waiver document. I have agree to this this release of my own free will and I have not been coerced in any way to agree to this release.