In consideration of and as an inducement to my participation in Food Truck Fest 2025 activities, I represent and agree as follows:
(1) I (hereinafter “I” or “applicant”) knowingly and willingly assume the risk of personal injury, disease, or death, whether known or unknown, from participating in event and group exercise activities.
(2) Field activities are an inherently risky and physically demanding exercise, which the participant and/or their parent(s) or guardian understands, acknowledges, and agrees.
(3) While participating in activities at this establishment, the participant acknowledges all responsibility for any risk of injury, property damage, or death.
(4) I understand and agree that I will hold harmless the Village of Bourbonnais, its employees, agents, volunteers, officers, directors, shareholders, and contract trainers for any damage to or theft of personal property on or away of Village of Bourbonnais premises, or personal injury, including but not limited to bodily injury, disease, disability, humiliation, or consequential loss of any kind arising out of my participation in any Village of Bourbonnais event or activity.
(5) Participant or guardian hereby waives any and all claims they may have against participating and all sponsors of the establishment, as well as their subsidiaries, affiliates, partners, officers, directors, employees, agents, and volunteers, arising out of Participant's use of The Grove and all surrounding areas.
(6) If I am under 18 years of age, I warrant that I have disclosed my age to the Village of Bourbonnais and in addition to my signature, have provided the signature of my parent or legal guardian below.
(7) Any provision not in conformity with the laws of the State of Illinois is hereby severed from this agreement and the remaining provisions remain enforceable. Applicant agrees that any dispute regarding this agreement will first be tendered by parties to a member of The American Arbitration Association for resolution prior to filing of any lawsuit. Applicant also agrees, failing a successful arbitration effort, that the 21st Judicial Circuit Court of Kankakee County, Illinois shall be the sole and exclusive jurisdiction for any and all lawsuits, enforcement actions and/or causes of action concerning or related to this agreement.
(8) Participants' use of The Grove may be terminated by the Village of Bourbonnais without return if they do not respect individuals around them.
(9) Any photographs, videotapes, recordings, or other records taken while in the Kidz Zone premises may be used for publicity and social media.
Rental equipment and rental release agreement:
(1) I accept for use as is the equipment listed on this form, and accept full responsibility for the care of the equipment while it is in my possession.
(2) I will be responsible for the replacement (at full retail value) of any equipment rented under this form which is not returned to the shop, and I acknowledge my obligation to return this equipment by the agreed date in clear condition, to avoid any additional charges.
(3) I agree to hold harmless and indemnify the Village of Bourbonnais that rented or allowed me to use this equipment, as well as its owners, agents, and employees, for any loss or damage, including any that results from claims for personal injury or property damage related in any way to the use of this equipment – except reasonable wear and tear of the equipment.
(4) I understand there are inherent and other risks involved in the Food Truck Fest 2025 activities, and/or recreational programming for which this equipment is to be used, and that injuries are a common and ordinary occurrence for these activities, and I freely assume those risks.
(5) In consideration of all of the above and also in consideration of the equipment being rented to me at my request, I hereby release the renting or providing organization as well as its owners, agents, and employees, from any and all liability for damage and injury to myself or to any person or property resulting from negligence, installation, maintenance, the selection, adjustment, and use of this equipment, accepting myself the full and complete responsibility for any and all such damage and injury or death which may result.
(6) I have made no misrepresentation to the renting or providing organization with regard to any information which they have requested of me related to the rental and/or my use of the equipment.