Event Name: Scary Bloody Mary Walk
Location: Cedarburg, Wisconsin
Event Date: Saturday, Oct 23, 2021
In consideration of being permitted to participate in the Scary Blood Mary Walk (”Event”), I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”);
I hereby represent that (i) I am at least twenty-one (21) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I agree that it is my sole responsibility to always ensure my own safety and well-being and under all circumstances while at the Event.
1. I acknowledge and agree that I undertake participation at the Event at my sole risk, and that the following parties shall not be liable for any claims for injuries or damages whatsoever to person or property of the undersigned arising in any manner out of my participation in the described Event: City of Cedarburg, Cedarburg Friends of Parks & Recreation, its elected and appointed officials, officers, directors, employees, authorized representatives, volunteers and Property Owners/ Operators upon which the Event takes place (Individually and Collectively, “The Released Parties” or “Event Organizers”).
2. I hereby Release, Waive, Discharge and Covenant not to Sue, and further agree to Indemnify, Defend and Hold Harmless, the Event Organizers, with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties. I hereby expressly assume all such Risks and responsibility for any injury to myself, including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at Event. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend, and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim.
3. I acknowledge that participation in the described Event could increase my risk of contracting COVID-19. By signing this agreement, I voluntarily assume the risk that I as a participant at the Event, may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Released Parties.
4. I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Wisconsin. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In the event I file a lawsuit, I agree to do so in the State of Wisconsin, and I further agree that the substantive law of the State of Wisconsin shall apply.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.