In consideration for being allowed to participate in and/or attend the ‘Apopka International Jazz Festival’ (the “Event”), I hereby acknowledge, appreciate and agree that:
- Attendance and participation in and with the Event means possible exposure to, and illness from, infectious diseases including, but not limited to, MRSA, influenza, and COVID-19. While particular rules, safety regulations and personal discipline may reduce this risk, the risk of serious illness and death does still exist.
- With full awareness and appreciation of the risks involved I, for myself, and, on behalf of my successors, assignees, officers, directors, agents, affiliates and employees and/or other related individuals, including without limitation, family members, friends, employees, and guests, as well as, any and all related affiliated of such entities and each of his/her/its respective agents, independent contractors, employees, directors, officers, assigns, heirs, performers, vendors, executors, administrators, assigns, personal representatives and next of kin HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE The City of Apopka, City of Apopka, in its capacity as a municipal corporation, ZnL Productions In , the City of Apopka and ZnL Productions Inc., their officers, officials, agents, servants, independent contractors, affiliates, and employees (“Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any and all illness, disability, death, or loss, injury or damage to person or property that may be sustained by me whether caused by the negligence of the Released Parties, any third-party attending and/or participating in the Event, to the fullest extent permitted by law.
- BY ATTENDING THIS EVENT, I KNOWINGLY, FREELY AND VOLUNTARILY ASSUME ALL SUCH RISKS, INCLUDING WITHOUT LIMITATION THOSE RISKS ASSOCIATED TO EXPOSURE TO COVID- 19, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY ATTENDANCE AND/OR PARTICIPATION IN AND WITH THE EVENT
- I agree that I am personally responsible for my safety and actions while participating in and/or attending the Event and I agree to comply with all Event policies and rules, including but not limited to all Event guidelines, signage, and instructions. Because theEvent is a large scale event, I recognize that I am at higher risk of contracting COVID-19.
- I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my attendance at the Event whether caused by the negligence of the Released Parties or otherwise and I hereby waive my right to sue hereupon.
- I warrant and represent that I am sufficiently informed about the risks involved in participating in and with this Event. I acknowledge and represent that I have read this Assumption of Risk, Waiver of Liability, and Indemnification agreement, understand it and enter into it voluntarily as my own free act and deed; I am sufficiently informed about the risks involved in participating in the Event to decide whether to enter into this agreement; no oral representations, statements, or inducements have been made; I am at least eighteen (18) years of age and fully competent; and I enter into this agreement for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Florida law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of Florida, Orange County and the City of Apopka lift all COVID-19 related mandates.
- I willingly agree to comply with the stated and customary terms and conditions for attending large scale events as regards to protection against infectious diseases.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, AND I HAVE ENTERED INTO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.