I, for myself, my heirs, my executors, my administrators, my trustees, and any and all successors in interest, fully and forever waive and release my right to sue The Woodstock Fruit Festival, The Fruitarian Corp, The Fruitarian Foundation Inc, and H’OM LLC, and all their owners, organizers, employees, participants, managers, volunteers, sponsors, and representatives (collectively “Festival”) acting for or on behalf of the Festival for any injuries or damages, including but not limited to negligence, premises liability, physical injury, illness (including death), emotional injury, intentional conduct resulting in unintended injury or damage, or economic loss which may result from my participation in the Woodstock Fruit Festival 2024 (“WFF2024”), travel to or from WFF2024 (including air travel) or any events incidental to WFF2024, and any other claims of whatsoever nature, to the fullest extent permitted by law.
I agree to hold the Festival harmless from any and all claims, loss or damage to my personal property, liabilities, and costs, including attorney’s fees, as a result of my participation in the WFF2024, including travel to and from the WFF2024 (including air travel) or any events incidental to the WFF2024. If the Festival incurs any of these types of expenses, I agree to reimburse the Festival.
I acknowledge that the Festival is NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of the Festival.
I acknowledge that I am aware of the inherent risks involved in the event, including but not limited to those resulting from Covid 19, other infectious diseases, inclement weather, slipping, falling, uneven terrain, wildlife encounters, insect bites, or equipment failure, and I voluntarily assume these risks. I certify that I am physically fit sufficiently for participation in the WFF2024 and have not been advised not to participate by a qualified medical professional. If I need medical treatment as a result of my participation in the WFF2024, travel to and from the WFF2024 (including air travel), or any events incidental to the WFF2024, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that the Festival does not provide health insurance for me and that I should carry my own health insurance.
If I attend the WFF2024 as a Volunteer or Independent Contractor, I acknowledge that I will be providing services (hereafter referred to as ACTIVITY) that may include activities that may cause injury and be dangerous. I acknowledge that the ACTIVITY may include the following non-exhaustive list of particular activities that bear risk and danger and from which bodily injury, up to and including death, may occur:
- Vehicle operation, including heavy-weight trucks;
- Forklift operation;
- Loading and unloading produce to/from refrigerated trucks;
- Lifting and carrying heavy objects such as cases of produce;
- Using knives (including cleaver knives), food processors, electric sugar cane juicers, and other potentially hazardous equipment;
- Working in the kitchen and other areas where the floor might be wet and slippery and constitute a slipping hazard;
- Walking in unlit areas at night where I might trip and fall;
- All other activities I will engage in as a Volunteer and/or Independent Contractor.
With full knowledge of the facts and circumstances surrounding the ACTIVITY, I agree that in providing the ACTIVITY, I assume the responsibilities and risks resulting from my participation, including all risks of property damage and injury to others and to myself. I have adequate applicable insurance necessary to provide for and pay any medical costs that may directly or indirectly result from my participation in the ACTIVITY, or otherwise understand that I am solely responsible for any medical costs that may directly or indirectly result from my participation in the ACTIVITY. I acknowledge that I am solely responsible for any action that I participate in associated with the ACTIVITY or around this ACTIVITY, regardless if occurring before, during, or after the period of the ACTIVITY. I acknowledge that I am solely responsible for any action that I take that is outside the scope of the ACTIVITY, regardless if occurring before, during, or after the period of the ACTIVITY. To the extent permitted by law, and in consideration for being allowed to participate in the ACTIVITY, I hereby save, hold harmless, discharge and release the Festival from any and all liability, claims, causes of actions, damages, or demands of any kind and nature whatsoever that may arise from or in connection with my participation in any activities related to the ACTIVITY, whether caused by the negligence or carelessness of the Festival or otherwise. It is my express intent that this Acknowledgement of Risk and Waiver of Liability shall bind my spouse, the members of my family, and my estate, heirs, administrators, personal representatives, and assigns. I further agree to save and hold harmless, indemnify, and defend the Festival from any claim by the aforementioned parties arising from my participation in the ACTIVITY. I recognize and acknowledge that the Festival makes no guarantees, warranties, representations, or other promises relative to the ACTIVITY and assumes no liability or responsibility for injury or property damage that I may sustain as a result of participation in the ACTIVITY. I further understand and agree that this is a release of liability and indemnity agreement, and it is intended to be as broad and inclusive as permitted by law. In any portion hereof is held invalid, I agree that the balance shall, notwithstanding, continue in full force and legal effect. I hereby consent to and understand myself to be solely responsible for the cost of first aid, emergency medical care, and, if necessary, admission to an accredited hospital for executing such care or treatment for injuries that I may sustain while participating in any activity associated with the ACTIVITY.
I acknowledge that to ensure the security and safety of all participants, the Woodstock Fruit Festival reserves the right to do a Criminal Background Check on each attendee as well as to refuse Registration, to revoke Registration, and to expel participants behaving in inappropriate or threatening manner at management's discretion.
I agree to preserve the noncommercial nature of the festival and not to sell any products or services to the festival attendees during the event (with the exception of the Presenters Showcase for presenters and special guests approved by festival admins).
I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for marketing purposes by the event holders, producers, sponsors, organizers, and volunteers.
I understand that the use or possession of any mind-altering substances or cigarettes on the festival grounds is unacceptable, and anyone not complying will be subject to removal.
I understand that all information available at the WFF2024 is for informational purposes only, and neither the Festival nor any third party involved in the creation, support, or maintenance of the event will be liable under any theory for any incidental, consequential, or punitive damages arising out of their access to or use of the information made available at the event or from the Woodstock Fruit Festival website.
I understand and agree with the following Waterfront Rules: Waterfront will be open from sunrise to sunset. Swimming before sunrise or after sunset is prohibited. The waterfront has a Swim-At-Your-Own-Risk-Policy. Children under the age of 14 must be accompanied by a parent or guardian when down at the waterfront. Each adult may only be responsible for up to three children. Wearing bathing suits is required.
Parent/Guardian Waiver for Minors: In the event that the participant is under the age of 18 years old, the undersigned parent or guardian hereby gives consent for the minor to participate and agrees to follow all of the rules and regulations of the event. I understand that I am signing this agreement on behalf of a minor and agree to be specifically bound to all the terms and conditions of this agreement. I have full authority as parent or legal guardian of the minor participant to bind the minor participant to this agreement.