Please carefully read and review the terms and conditions in this agreement!

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT 

Event: Flite Fest

Date: {arrivingOn}

Location: 8050 Lee RD Malvern OH 44644 USA

THIS RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT, (“Agreement”) is executed between the undersigned (“Guest” or “I”) and the Flite Test LLC.

WHEREAS, Flite Test will from time to time host an Event (hereinafter individually and collectively referred to as an “Event”), and, the Guest has requested to participate in said Event; and

WHEREAS, Flite Test is willing to allow the Guest to participate in the Event upon terms to include the terms of this Agreement, and Guest accepts the terms and conditions of this Agreement.

NOW THEREFORE, for the consideration described above and below, and other valuable consideration, the Guest agrees as follows:

1.                  RELEASE, HOLD HARMLESS AND COVENANT NOT TO SUE. In consideration of being provided access to the Event, Guest, for himself/herself and spouse, legal representatives, heirs and assigns, hereby agrees as follows:

(a)               I hereby voluntarily assume the risk of any and all injuries, damages, losses, or liabilities that I may incur, including, but not limited to, serious bodily injury and/or death by participating in the Event (collectively, the “Damages”); and

(b)               I hereby forever release, waive and discharge Flite Test, and its members, directors, officers, employees, affiliates, subsidiaries, representatives, agents, successors, assigns, subcontractors, sponsors, agents, representatives, designees, and licensees and each operator and owner of the venue location (collectively the “Releasees”) from any and all present and future claims, demands, or causes of action for Damages that I may incur during or arising out of my participation in the Event, however caused, or that may be made by me, my family, estate heirs, administrators, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the Event and related activities wherever, whenever or however the same may occur, even if caused by the negligence of Flite Test, to the fullest extent allowed by law; and 

(c)               I understand that and agree that the Releasees are not responsible for any injury or property damage arising out of the Event, even if caused by their negligence. I understand that my participation in the Event involves certain risks, including, but not limited to, serious injury and death. I assume all risks associated with my voluntary participation in the Event. I consent to administration of first aid and other medical treatment in the event of injury or illness to myself. I also agree to the fullest extent permitted by law to indemnify and hold harmless the Releasees from and against any and all claims, causes of action or damages arising out of my participation in the Event and, related activities including, but not limited to, transportation to and from the Event and the administration of any first aid and/or medical treatment; and

(d)               I will not sue or make a claim against Flite Test for Damages or causes of action that I may incur during or arising out of my participation at the Event, however caused, even if caused by the negligence (whether active or passive) of Flite Test, to the fullest extent allowed by law.  I agree that if I, or anyone on my behalf, files a lawsuit or otherwise presents claims due to injuries or losses resultant, or any way connected with, the Event that such claims shall be immediately dismissed upon the presentation of this Agreement to the Court, and I will reimburse all reasonable attorneys’ fees, damages and costs Flite Test may incur in such claim; and

(e)               I waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know of or suspect to exist at the time of executing this Agreement; and

(f)                I understand that the Event may be filmed or recorded and by signing this documenting and attending the Event, I consent to being photographed, videotaped and/or recorded. I consent to such photography, videotaping and/or recording and to any use, in any and all media formats, including, without limitation, television, social media, and digital media and formats, whether now known or hereafter devised, including but not limited to any branded commercial with any sponsor or licensee throughout the universe in perpetuity, of my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information for any purpose whatsoever, without any further action required or any consideration owing to me from the Releasees.

2.                  GUEST WARRANTIES. GUEST FURTHER WARRANTS AND ACKNOWLEDGES THAT:

(a)               I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND I MAKE THIS AGREEMENT INTENDING TO BIND MYSELF AND MY SPOUSE, HEIRS, ADMINISTRATORS AND ASSIGNS;

(b)               I HAVE READ THIS AGREEMENT, AND I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING IT AND THAT I HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SIGNING;

(c)               I UNDERSTAND AND AGREE THAT THIS AGREEMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING DAMAGES FROM Flite Test FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED BY ME IN CONNECTION WITH THE EVENT;

(d)               I HAVE READ THIS RELEASE AND WAIVER OF CLAIMS, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

3.                  SEVERABILITY. This Agreement is intended to be as broad and inclusive as permitted by law and if any part of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.  Should any clause be in conflict with state law, then only that clause is null and void while the remaining clauses of this Agreement shall remain in full force and effect.

4.                  MISCELLANEOUS. This Agreement contains the entire integrated Agreement between the parties hereto with respect to the matters covered herein. No variations, modifications or changes herein or hereof shall be binding upon either party hereto unless set forth in writing duly executed by such party.  This Agreement and the rights and obligations herein are non assignable and nontransferable.  The recitals set forth above are hereby incorporated herein.

5.                  GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in the Courts of Tuscarawas County, State of Ohio to the exclusion of the Courts of any other State or Country.

6.                  SIGNATURE. This Agreement may be executed by electronic means including, but not limited to, eSignature. I agree that if I sign this Agreement electronically, my electronic signature is the legally binding equivalent to my handwritten signature, has the same meaning as my handwritten signature, and shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

Please carefully read and review the terms and conditions in this agreement! 

PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

(For all Minor children attending)

Event: Flite Fest
Date: {arrivingOn}

Location: 8050 Lee RD Malvern OH 44644 USA

THIS PARENTAL CONSENT, RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT, (“Agreement”) is executed between the undersigned parent or legal guardian (“Guardian” or “I”) of the minor child(ren) listed below (individually and collectively, the “Minors”) and Flite Test LLC.

WHEREAS, the Flite Test will from time to time host an Event (hereinafter individually and collectively referred to as an “Event”), and, the Minors desire to participate in said Event; and

WHEREAS, Flite Test is willing to allow the Minors to participate in the Event upon terms to include the terms of this Agreement, and Guardian accepts the terms and conditions of this Agreement.

NOW THEREFORE, for the consideration described above and below, and other valuable consideration, the Guardian agrees as follows:

1.                  RELEASE, HOLD HARMLESS AND COVENANT NOT TO SUE. In consideration of the Minors being provided access to, and being permitted to participate in, the Event, Guardian, for himself/herself and his/her legal representatives, heirs, and assigns, and on behalf of Minors and Minors’ legal representatives, heirs and assigns, hereby agrees as follows:

(a)               I know the nature of the Event and the Minors’ experiences and capabilities, and I believe the Minors to be qualified to participate in the Events. I have the right to inspect the premises, facilities, and equipment to be used, or with which the Minors may come into contact, and if I or the Minors believe anything is unsafe, I will instruct the Minors to immediately leave and refuse to participate further in the Event; and

(b)               I fully understand and am fully responsible for instructing and explaining to the Minors that: (a) the activities of the Event may present dangers, hazards, and/or risks, and participation in the Event involves risks and dangers of bodily injury, death, and/or property damage; (b) such risks and dangers may be caused by the Minors’ own actions or inactions, or by the actions or inactions of others participating in the Event, the rules of the Event, the condition and layout of the premises and equipment, or the negligence of the Releasees named below; (c) there may be other risks not known to me or that are not readily foreseeable at this time; (d) the social and economic losses and/or damages that could result from those risks could be severe and could permanently change the Minors’ future; and

(c)               I consent to Minors’ participation in the Event and hereby voluntarily assume the risk of any and all injuries, damages, losses, or liabilities that I or Minors may incur, including, but not limited to, serious bodily injury and/or death by participating in the Event (collectively, the “Damages”); and

(d)               I hereby forever release, waive and discharge Flite Test, and its members, directors, officers, employees, affiliates, subsidiaries, representatives, agents, successors, assigns, subcontractors, sponsors, agents, representatives, designees, and licensees and each operator and owner of the venue location (collectively the “Releasees”) from any and all present and future claims, demands, or causes of action for Damages that I or Minors may incur during or arising out of Minors’ participation in the Event, however caused, or that may be made by me, Minor, or our respective family, estate, heirs, administrators, or assigns for property damage, personal injury, or wrongful death arising as a result of Minors’ participation in the Event and related activities wherever, whenever or however the same may occur, even if caused by the negligence of Flite Test, to the fullest extent allowed by law; and 

(e)               I understand that and agree that the Releasees are not responsible for any injury or property damage arising out of the Event, even if caused by their negligence. I understand that Minors’ participation in the Event involves certain risks, including, but not limited to, serious injury and death. I assume all risks associated with Minors’ voluntary participation in the Event. I consent to administration of first aid and other medical treatment in the event of injury or illness to Minors. I also agree to the fullest extent permitted by law to indemnify and hold harmless the Releasees from and against any and all claims, causes of action or damages arising out of Minors’ participation in the Event and related activities including, but not limited to, transportation to and from the Event and the administration of any first aid and/or medical treatment; and

(f)                I will not sue or make a claim against Flite Test for Damages or causes of action that I or Minors may incur during or arising out of Minors’ participation at the Event, however caused, even if caused by the negligence (whether active or passive) of Flite Test, to the fullest extent allowed by law.  I agree that if I, Minors, or anyone on my or Minors’ behalf, files a lawsuit or otherwise presents claims due to injuries or losses resultant, or any way connected with, the Event that such claims shall be immediately dismissed upon the presentation of this Agreement to the Court, and I will reimburse all reasonable attorneys’ fees, damages and costs Flite Test may incur in such claim; and

(g)               I waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know of or suspect to exist at the time of executing this Agreement; and

(h)               I understand that the Event may be filmed or recorded and by signing this documenting and attending the Event, I consent to Minors being photographed, videotaped and/or recorded. I consent to such photography, videotaping and/or recording and to any use, in any and all media formats, including, without limitation, television, social media, and digital media and formats, whether now known or hereafter devised, including but not limited to any branded commercial with any sponsor or licensee throughout the universe in perpetuity, of Minors’ name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information for any purpose whatsoever, without any further action required or any consideration owing to me or Minors from the Releasees.

2.                  GUARDIAN WARRANTIES. GUARDIAN FURTHER WARRANTS AND ACKNOWLEDGES THAT:

(a)               I AM THE PARENT OR LEGAL GUARDIAN OF THE MINORS IDENTIFIED BELOW IN THIS AGREEMENT AND I HAVE THE POWER AND AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF AND TO BIND THE MINORS TO THE TERMS HEREOF, AND I MAKE THIS AGREEMENT INTENDING TO SO BIND MYSELF AND THE MINORS AND OUR RESPECTIVE HEIRS, ADMINISTRATORS AND ASSIGNS;

(b)               I HAVE READ THIS AGREEMENT, AND I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING IT AND THAT I HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SIGNING;

(c)               I UNDERSTAND AND AGREE THAT THIS AGREEMENT IS LEGALLY BINDING AND WILL PRECLUDE ME AND THE MINORS FROM RECOVERING DAMAGES FROM Flite Test FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED BY ME OR THE MINORS IN CONNECTION WITH THE EVENT;

(d)               I HAVE READ THIS RELEASE AND WAIVER OF CLAIMS, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I AND THE MINORS HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME OR THE MINORS AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

3.                  SEVERABILITY. This Agreement is intended to be as broad and inclusive as permitted by law and if any part of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.  Should any clause be in conflict with state law, then only that clause is null and void while the remaining clauses of this Agreement shall remain in full force and effect.

4.                  MISCELLANEOUS. This Agreement contains the entire integrated Agreement between the parties hereto with respect to the matters covered herein. No variations, modifications or changes herein or hereof shall be binding upon either party hereto unless set forth in writing duly executed by such party. This Agreement and the rights and obligations herein are non assignable and nontransferable. The recitals set forth above are hereby incorporated herein.

5.                  GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in the Courts of Tuscarawas County, State of Ohio to the exclusion of the Courts of any other State or Country.

SIGNATURE. This Agreement may be executed by electronic means including, but not limited to, eSignature. I agree that if I sign this Agreement electronically, my electronic signature is the legally binding equivalent to my handwritten signature, has the same meaning as my handwritten signature, and shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

Please carefully read and review the terms and conditions in this agreement! 

PET WAIVER

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

Event: Flite Fest
Date: {arrivingOn}

Location: 8050 Lee RD Malvern OH 44644 USA

PET RULES

• Dogs and cats only - no other pets will be accepted.
• All pets must be on a leash; Leashes cannot exceed 6 feet. Pets are
  permitted to be off-leash only under supervision of owner at the camp site.
• Owner must clean up after his/her pet.
• Pet owners must report any incidents to First Aid immediately (store building).
• Pet owners must adhere to Flite Fest rules and obey security if asked
  to leave.
• Your dog will not be allowed inside the gates if your dog appears aggressive or dangerous to staff.

CERTIFICATION

I hereby certify to the following facts and agree to the following conditions:

• I take full responsibility for the pet attending Flite Fest and will be in control of my pet at all times while at Flite Fest.
• All of the information contained in the Registration form is true and accurate.
• My pet is current on all age-appropriate vaccinations, and to my knowledge is free of any contagious diseases or conditions.
• My pet is not aggressive, is not in heat, and has not been deemed to be dangerous or potentially dangerous in the past.
• My pet has never caused a problem or injury in a crowded public environment.
• Event Organizers (including their directors, officials, agents, employees and volunteers), in their discretion, reserve the right to refuse
  admittance to or eject any unruly, aggressive, unsuitable, or obviously ill pet.

WAIVER OF LIABILITY

I am aware that during the course of my visit to Fromm Petfest, certain inherent risks are involved because I am attending with my pet, along with other attendees’ pets. In consideration for being allowed to attend Fromm Petfest with my pet, I acknowledge and
voluntarily accept and assume full responsibility for any risks to me and my pet, and I further agree as follows:

I will waive and release any and all claims that I may have against any
Event Organizer, and agree not to sue any of the Event Organizers for any losses, damages, expenses, or fees which arise out of, result from, or relate in any manner to, my or my pet’s attendance at Flite Test.

BY SIGNING THIS WAIVER, YOU ACKNOWLEDGE AND AGREE THAT YOU WERE GIVEN AN OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS WAIVER, TO DISCUSS ALTERNATIVES WITH EVENT ORGANIZERS, AND WERE GIVEN ADEQUATE CONSIDERATION FOR THIS WAIVER. YOU UNDERSTAND AND AGREE THIS WAIVER SHALL BE BINDING ON EACH PARTICIPANT AND THEIR RESPECTIVE HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF THE EVENT ORGANIZERS.