LIABILITY WAIVER AGREEMENT
________________________ (referred to as "I" or "me") desires to participate as a volunteer at the Smokin’ on the Creek Barbecue Cookoff (hereinafter referred to as the "Event") provided by HIDDEN HARBOUR MARINA, LLC, HIDDEN HABROUR INN, LLC, WHITMAN BROTHERS, INC. d/b/a SOUTH COUNTY CAFÉ and PROJECT DEALE (each an “Organizer” and collectively, the “Organizers”) on June 3, 2023 (the “Event Date”). In consideration of being permitted by the Organizers to volunteer at the Event, as well the provision by the Organizers of free tickets to the Event and an Event t-shirt, and in recognition of the Organizers’ reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
1. Rules of Conduct. The Organizers adhere to a zero-tolerance policy that applies to any conduct that has the purpose or effect of creating an intimidating, hostile or offensive work environment. You are responsible for ensuring compliance with this policy. Violation of this policy will result in appropriate corrective action that the Organizers may, within its sole discretion, determine to exercise, including but not limited to, your immediate removal from the Event site. For the avoidance of doubt, the Organizers prohibit all forms of harassment including: any demeaning, insulting, obnoxious, embarrassing or intimidating behavior directed at any individual located on the Event site. The Organizers specifically ban unwelcome sexual advances or physical contact, sexually orientated gestures and statements, and the display or circulation of sexually orientated pictures, cartoons, jokes or other material. The Organizers also prohibit engaging in any obnoxious, hostile contact, intimidation, threats or such actions or violence, or any other actions that may be considered obnoxious, threatening or hostile in nature while on the grounds of the Event. In addition to the foregoing, the Organizers prohibit your use of any controlled substances while on the grounds of the Event.
2. Cancellation by Organizers. The Organizers may terminate this Agreement, and my ability to volunteer at the Event at any time for any reason as deemed necessary by the Organizers including, but not limited to: (a) inclement weather; (b) conditions at the site of the Event; (c) my inability to perform under this Agreement; (d) any local, state, or federal ordinance, order, mandate, or law that prohibits the Event or large gatherings of people; (e) any Force Majeure event.
3. Force Majeure. Each Organizer hereto shall be excused from default or delay in the performance of its obligations hereunder, if and to the extent that such default or delay is caused by an act of God, or other causes beyond its reasonable control including, but not limited to, utilities breakdown, incurable power outage or shortage, war, acts of terrorism (or related security or safety concerns), pandemic, epidemic, state of emergency, acts of government or any agency thereof that cause this Agreement to not be performed, natural disasters, fire, war, strike, inclement weather conditions, or incurable damages on the premises where the Event are to occur.
4. Assumption of Risk. I AM AWARE AND UNDERSTAND THAT THE EVENT INVOLVES POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE ORGANIZERS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE ORGANIZERS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE EVENT WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE EVENT, WHETHER CAUSED BY OR THAT MAY RESULT FROM THE NEGLIGENCE OF MYSELF, THE ORGANIZERS, OR ANY PARTY LOCATED ON THE EVENT SITE TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Waiver and Release. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Organizers, and their officers, directors, managers, employees, agents, affiliates, shareholders, members, successors, and assigns (collectively, "Releasees"), for: (i) any injury, disability, death, or property damage arising out of or attributable to my volunteering at the Event, whether arising out of the negligence of any Organizer, any Releasees, any other participants in the Event, or any individual located on the grounds of the Event, to the fullest extent permitted by law; and (ii) any lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, regardless of whether such damages were foreseeable or whether any party or any entity had been advised of the possibility of such damages. I covenant not to make or bring any such claim against any Organizer or any other Releasee, and forever release and discharge each Organizer and all other Releasees from liability under such claims.
6. Indemnity. I shall defend, indemnify, and hold harmless each Organizer and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims (actual or alleged), actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by each Organizer or any other Releasees, arising out of or resulting from any claim related to my volunteering at the Event, including any claim related to the negligence of myself, as well as the negligence of any Organizer, its employees, subcontractors, volunteers, representatives, or agents.
7. Insurance and Medical Treatment. I understand that the Organizers do not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to, medical, health, or disability insurance of any nature in the event of my injury, illness, death, or damage to or loss of my property. Notwithstanding the foregoing, I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my volunteering at the Event. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless each Organizer from any claim based on such treatment or other medical services.
8. Publicity Release. In exchange for participation in the Event, I hereby grant to the Organizers and each of its subsidiaries, affiliates, agents, advertising or promotional agencies, and partners, and all such entities’ officers, directors, agents, employees, respective successors and assigns (collectively, the “Authorized Parties”), the absolute and irrevocable right and permission to use, publish, broadcast and/or copyright the use of my name, address, voice, photograph, and/or likeness, caricature, and personal information, in its current form or as retouched, digitized, cropped, altered, distorted or modified in any way, in any and all advertising, promotional, or other materials based upon or derived from my volunteering at the Event in any manner, in any media whatsoever for any and all purposes, including by way of example, but without limitation, advertising, promoting, or publicizing products and services throughout the universe, in perpetuity, in any and all media now known or hereafter devised, without compensation. I further agree that anything derived therefrom will be owned solely by the Authorized Parties. I shall not authorize the use of any print, negative, or other copy thereof by anyone other than the Authorized Parties.
9. Miscellaneous. This Agreement constitutes the sole and entire agreement of the Organizers and me with respect to the subject matter contained herein. Any prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter, are invalid and nonbinding on the parties. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect as if this agreement has been executed without the invalid provision. This Agreement is binding on and shall inure to the benefit of the Organizers, their successors and assigns, and me and my heirs, beneficiaries, and personal representatives. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Anne Arundel County, Maryland, and I hereby consent to venue in, and the exclusive jurisdiction of, such courts.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE RIGHT TO SUE THE ORGANIZERS.