Read our Waiver of Claims and Release of Liability
WAIVER OF CLAIMS AND RELEASE OF LIABILITY.
I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
TO: Never Better Entertainment Inc. (the “Company”) and its owners, directors, officers, employees, agents, affiliates, representatives, contractors, subcontractors, sponsors, volunteers, artists, successors and assigns (collectively, the “Releasees”).
The term “Activities” shall apply to all activities, events, or services provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: participation in an outdoor music festival; use of forest service roads; consumption of food or beverage items; consumption of alcohol or cannabis; exposure to loud music; camping; campfires; swimming; hiking; use of marked and unmarked nature trails; sightseeing; the use of watercraft, recreational flotation devices, and safety equipment including personal flotation devices; transportation to and from rivers and/or lakes; loading and unloading of vehicles and watercraft; transportation by bus, car, van, golf cart, ATV, scooter, motorized boat, or other land or water vehicle; participating in other recreational activities; use of the premises in general; and all related activities.
The term “Participant” means each person participating in the Activities.
In consideration of the Releasees agreeing to my participating in the Activities, I hereby agree:
RELEASE OF LIABILITY, WAIVER OF CLAIMS
I understand that participating in the Activities can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I am also aware of the highly contagious nature of bacterial and viral diseases including the novel coronavirus disease and its variants (COVID-19) (the “Disease”) and the risk that I may be exposed to or contract the Disease by engaging in the Activities, which may result in illness, injury, disability, death, and/or property damage. I understand and acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of the Releasees or others, and I understand that the Company cannot guarantee that I will not be injured or become infected with the Disease due to my participation in the Activities.
I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE RISKS AND DANGERS INVOLVED. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INOLVED AND THE POSSITIBILITY OF ILLNESS, INJURY, DISABILITY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
I hereby expressly waive and release any and all claims which I have or may have in the future against the Releasees on account of illness, injury, disability, death, or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES.
ADDITIONAL PARTICIPANT TERMS
I represent and warrant that I am a Participant and I am over 19 years old.
I represent and warrant that I am (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activities; and (b) not experiencing symptoms of the Disease, do not have a confirmed or suspected case of the Disease, and have not come in contact in the last five (5) days with a person who has been confirmed or suspected of having the Disease.
I will comply with all federal, provincial, and local laws, orders, directives, and guidelines related to the Activities and the Disease while participating in the Activities, including, without limitation, requirements related to hand sanitation, social and physical distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times during my participation in the Activities, I understand and agree that I am expected to exhibit appropriate behavior at all times while I am attending the premises and during my participation in the Activities. This includes, generally, respect for other people, equipment, facilities or property. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activities, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activities.
I consent to medical care and transportation in order to obtain treatment in the event of injury to me as the Company owners, officers, directors, managers, staff, volunteers or other medical professionals may deem appropriate and understand that this agreement extends to any liability arising out of or in any way connected with such medical treatment or transportation.
I understand and agree that I may not bring weapons or illegal substances to the premises. I consent to any potential searches while onsite (including upon entry to the premises) for any prohibited items and the seizure of such items if found.
I understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen while I am participating in the Activities or on the premises.
I consent to the use of my image, likeness, actions and statements in connection with any recorded audio, photography, video or other publication of the Activities.