PARTICIPANT RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION
BY AGREEING BELOW, I REPRESENT AND WARRANT THAT
EITHER (1) I AM A PARTICIPANT (“Participant”) IN AN EVENT COHOSTED BY HFE SHARE IT FORWARD, INC. AND KEEP SEVIER
BEAUTIFUL ORGANIZATION (COLLECTIVELY, THE “HOSTS”) AT
THE LOCATION SPECIFIED BELOW (“EVENT(S)”), OR (2) I AM THE
PARENT OR LEGAL GUARDIAN OF SUCH PARTICIPANT, A MINOR,
WITH THE AUTHORITY TO SIGN THIS DOCUMENT ON THE
PARTICIPANT’S BEHALF.
EVENT NAME: 2023 Light The Way 5K Race
EVENT LOCATION: Dollywood Theme Park
DATE OF EVENT/EVENT START DATE: November 10, 2023
In consideration for being allowed to voluntarily participate in the Event(s),
Participant, on my own behalf, or parent/legal guardian on the
Participant’s behalf, hereby agrees as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISK OF INJURY OR
DEATH:
The Risks: I, on my own behalf as the Participant or on the Participant’s
behalf as parent or legal guardian of the Participant, acknowledge that
Participant is aware of the dangers and risks to Participant in participating
in the Event(s) and understand the Event(s) involves risks to Participant
which could result in serious injury, illness, or death, including, without
limitation, injuries associated with temperature, weather, terrain, lack of
hydration, vehicular traffic or the physical activities of the Event(s). I, on
my own behalf as the Participant or on the Participant’s behalf as parent
or legal guardian of the Participant, also understand that there are
potential risks which may presently be unknown and hereby assume any
and all risks associated with participation in the Event(s). Participant, on
my own behalf, or parent/legal guardian on behalf of Participant certify
that Participant is physically fit, has sufficiently prepared for participation
in this activity, has not been advised to not participate in the Event(s) by
a qualified medical professional and there are no health-related reasons
or problems which preclude Participant’s participation in this Event(s).
The Risks Relating to Coronavirus/COVID-19: The World Health
Organization has declared the novel coronavirus, COVID-19, a worldwide
pandemic. An inherent risk of exposure to COVID-19 exists in any public
place where people are present. COVID-19 is extremely contagious. The
state of medical knowledge is evolving, but pursuant to the Center for
Disease Control and Prevention (“CDC”) the virus is believed to spread
from person-to-person contact and/or by contact with contaminated
surfaces and objects, and even possibly in the air. People can be infected
and show no symptoms and therefore spread the disease. The exact
methods of spread and contraction are unknown, and there is no known
treatment, cure, or vaccine for COVID-19. Evidence has shown that
COVID-19 can cause serious and potentially life-threatening illness and
even death. The CDC advises that older adults and people of any age
who have underlying medical conditions are especially vulnerable to
severe illness from COVID-19.
The Hosts cannot prevent you, people accompanying you, your
household, or members of your family from becoming exposed to,
contracting, or spreading COVID-19 while participating in the Event(s).
Further, participating in the Event(s) may increase your risk, and therefore
your family members’ and persons within your household’s risk, of being
exposed to and/or increasing your risk of contracting or spreading
COVID-19.
ASSUMPTON OF RISKS: By signing this Form, I acknowledge I have
read and understand the above warning concerning the contagious
nature of COVID-19 and voluntarily chose to accept the risk that I, as well
as those who are accompanying me, my household, or members of my
family may be exposed to, contract, or spread COVID-19. I voluntarily
agree to assume all of the foregoing risks and accept sole responsibility
for any injury to persons of my household or family, or myself, including,
but not limited to, illness, disability, personal injury, death, damage, loss,
claim, liability, or expense, of any kind, that I, my family members, or my
household may experience or incur in connection with exposure to Covid19.
I understand that the risk of becoming exposed to COVID-19 while
participating in the Event(s), may result from the actions, omissions, or
negligence of myself and others, including, but not limited to, the Hosts’
employees, volunteers, sponsors, contractors, agents, affiliates,
members, shareholders, directors and officers.
The Rules: Because of the dangers of participating in the Event(s), I, on
my own behalf as the Participant or on the Participant’s behalf as parent
or legal guardian of the Participant, recognize the importance of
complying with and Participant agrees to, and if the Participant is a minor,
I, as the parent or guardian of Participant, shall ensure that Participant
fully complies with, the applicable laws, policies, rules and regulations,
including, but not limited to, the rules and regulations of the Hosts and
any supervisor’s instructions or posted warnings regarding participation
in the Event(s).
No Refunds in the Event of Inclement Weather: I acknowledge that the
Light The Way 5k (Dollywood) is to be run on Friday, November 10, 2023.
In the event that inclement weather conditions should require cancellation
of the race before it is to start or early termination after it has started
because of safety concerns, I understand that the race WILL NOT be
rescheduled. I also understand and agree that my entry fee WILL NOT
be refunded.
Inspection: The Participant has, and if the Participant is a minor, I have,
as the parent or guardian of Participant, the right and responsibility to
inspect all equipment and facilities prior to the Event(s) and, if the
Participant or the Participant’s parent or guardian believe(s) that anything
may be unsafe, the Participant or the Participant’s parent or guardian will
advise the Hosts of the condition and the Participant may refuse to
participate.
PARTICIPATION MEANS THAT PARTICIPANT AND, IF APPLICABLE,
THE PARTICIPANT’S PARENT OR GUARDIAN CONSENT TO THESE
TERMS:
The Hosts, The Dollywood Company (“Dollywood”), Herschend
Entertainment Company, LLC (“HEC”), Scenic City Multisport, LLC,
and each of their respective subsidiaries, affiliates, and all advertising,
promotion or fulfillment agencies, promotional partners and entities
whether or not involved with the operation of the location where the Event
takes place and their respective boards, officers, and employees
(collectively, “Releasees”) have no responsibility or liability for injury or
death resulting from the Event(s).
I, on my own behalf as the Participant or on the Participant’s behalf as
parent or legal guardian of the Participant, agree that Participant
voluntarily elects to participate in the Event(s) with knowledge of the
PARTICIPANT RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION
2 dangers and risks involved. If I am signing this document as the parent
or guardian of the Participant, I agree that I have warned Participant of
the dangers and risks involved. I, on my own behalf as the Participant or
on the Participant’s behalf as parent or legal guardian of the Participant,
acknowledge and agree that Releasees are permitting Participant to
participate in the Event(s) in reliance upon this PARTICIPANT
RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION.
I, on my own behalf as the Participant or on the Participant’s behalf as
parent or legal guardian of the Participant, consent to receive medical
treatment which may be deemed advisable in the event of injury, accident
and/or illness during the Event(s).
WAIVER OF LIABILITY AND INDEMNIFICATION:
Participant, on my own behalf, or on the Participant’s behalf as parent or
legal guardian of the Participant and on behalf of Participant’s personal
representatives, heirs, next of kin, successors and assigns, forever:
1. RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE
RELEASEES FOR ANY AND ALL LIABILITY FOR PARTICIPANT’S
DEATH, DISABILITY, DISEASE, PERSONAL INJURY, PROPERTY
DAMAGE, PROPERTY THEFT, USE OF PERSONAL OR MEDICAL
INFORMATION OR CLAIMS OF ANY NATURE WHICH MAY
HEREAFTER ACCRUE TO PARTICIPANT OR PARTICIPANT’S
ESTATE AS A DIRECT OR INDIRECT RESULT OF PARTICIPANT’S
PARTICIPATION IN THE EVENT(S).
2. Agree to defend, indemnify, and hold harmless Releasees from and
against any and all claims of any nature, including, without limitation, all
costs, expenses and attorney’s fees, which in any manner result from
Participant’s participation in the Event(s).
This PARTICIPANT RELEASE, WAIVER OF LIABILITY AND
INDEMNIFICATION shall be construed broadly to provide a release,
indemnification, and waiver to the maximum extent allowed by law. I, on
my own behalf as the Participant or on the Participant’s behalf as parent
or legal guardian of the Participant, affirm the following: (a) I am freely
signing this form; (b) I have read this form and fully understand that by
signing this form I am giving up legal rights and/or remedies which may
otherwise be available to Participant regarding any injury, losses or death
Participant may sustain as a result of participation in the Event(s); (c) I
agree that if any portion hereof is held invalid, the balance shall,
notwithstanding, continue in full legal force and effect and (d) if,
notwithstanding this release, an action is brought on behalf of Participant
or Participant’s personal representatives, heirs, next of kin, successors
and assigns for damages arising out of such participation which requires
Releasees to expend attorney’s fees and costs, I agree to indemnify and
hold Releasees harmless for and against all such fees and costs.
PHOTOGRAPHY/VIDEO RELEASE:
Participant understands that while participating in this Event, Participant
may be photographed. Participant, on my own behalf, or parent/legal
guardian on behalf of Participant agree to allow Participant’s photo, video
or film likeness or image to be used and reused in any medium for any
legitimate purpose of the Hosts, Dollywood, HEC or their subsidiaries or
affiliates. Participant understands and agrees that Participant will not be
paid for use/reuse of my likeness or image described above. Participant,
on my own behalf, or parent/legal guardian on behalf of Participant, also
waive, release and discharge the Hosts, Dollywood, HEC, and their
subsidiaries and affiliates from any and all claims arising from the use or
reuse of my likeness or image described above.
I HAVE READ THIS DOCUMENT AND HAVE HAD AN OPPORTUNITY
TO ASK QUESTIONS ABOUT IT AND I UNDERSTAND THAT I HAVE
GIVEN UP IMPORTANT RIGHTS BY SIGNING IT. I UNDERSTAND
THAT THERE IS A CHANCE THAT I COULD BE SERIOUSLY INJURED
OR KILLED BY PARTICIPATING IN THIS EVENT OR EVENTS, AND
EVEN THOUGH THERE IS A RISK OF INJURY OR DEATH TO ME, I
HAVE DECIDED TO PARTICIPATE, AND I AM SIGNING THIS FREELY
AND VOLUNTARILY.
NOTICE TO THE PARTICIPANT’S PARENT OR GUARDIAN (IF
PARTICIPANT IS A MINOR CHILD) – PARENT OR GUARDIAN MUST
SIGN IF PARTICIPANT UNDER THE AGE OF 18
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE
AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A
POTENTIALLY DANGEROUS EVENT OR EVENTS. YOU ARE
AGREEING THAT, EVEN IF THE RELEASEES USE REASONABLE
CARE IN HOSTING THIS EVENT OR EVENTS, THERE IS A CHANCE
YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY
PARTICIPATING IN THE EVENT OR EVENTS BECAUSE THERE ARE
CERTAIN DANGERS INHERENT IN THE EVENT OR EVENTS WHICH
CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM
YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO
RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY
PERSONAL INJURY, INCLUDING DEATH TO YOUR CHILD OR ANY
PROPERTY DAMAGE. YOU HAVE THE RIGHT TO REFUSE TO SIGN
THIS FORM, AND THE RELEASEES HAVE THE RIGHT TO REFUSE
TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS
FORM.
