Activity General Release, Terms & Conditions
PARTICIPANT AGREEMENT, GENERAL RELEASE AND ASSUMPTION OF RISK
In consideration of the services of the Fluvanna Community Historical Society ("FCHS") and any co-sponsors, their affiliates, trustees, directors, officers, employees, owners, volunteers, participants and agents, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "event organizers"), I hereby agree to release, indemnify, discharge, defend and hold harmless FCHS and any co-sponsors on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative(s) and estate, from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to the sleigh rides, as follows:
I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
I hereby voluntarily release, defend, forever discharge, and agree to indemnify and hold harmless the event organizers from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of the event organizers' equipment or facilities, including any such claims which allege negligent acts or omissions of the event organizers. NEITHER FCHS, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS OR OTHER EVENT ORGANIZERS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO THIS EVENT.
Should the event organizers or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I agree that this agreement, release and assumption and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in Chautauqua County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
I acknowledge and agree that in the event any provision of this agreement shall be held by a court of competent jurisdiction to be invalid, unlawful or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. The event organizers' failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by the event organizers.
By clicking on the checkbox in the event registration form next to the text that reads, “I agree to the Terms and Conditions” and reviewing the website by clicking the hyperlink to this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the event organizers on the basis of any claim from which you have released them herein.
By clicking the checkbox found on the registration and booking page for this event, I agree to the Terms and Conditions, I acknowledge this agreement is the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
Furthermore, in consideration of any minor I may allow to participate in this event, by clicking the checkbox next to the statement, “I agree to the Terms and Conditions” and being permitted by the event organizers to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless the event organizers from any and all Claims which are brought by or on behalf of the minor(s), and which are in any way connected with such use or participation by the minor(s).