Waiver [scroll down to read and sign]
I, the undersigned, hereby knowingly and voluntarily as an adult or parent/guardian for a minor child, agree to the following Waiver of Liability, Assumption of Risk and Indemnity Agreement ("Agreement") with Pahrump Disability Outreach Program ("PDOP").
As a condition for allowing me and my party to be present on the Premises and participate in all or any of the activities offered by PDOP which may include but are not limited to, Pumpkin Patch, Bowling & Games, Mechanical Bull Rides, Corn Jump, Straw Jump, Face Painting, Fire Truck, Haunted House, Hay Maze, Hay Pyramid, Hay Ride, Petting Zoo, Photo Opportunities, Train Ride, Axe Throwing or other special events or activities (the “Activities”) located on the premises of PDOP Pumpkin Days located generally at Ian Deutch Park, Pahrump, Nevada (the “Premises”):
1. I acknowledge that there are known, unknown, or unanticipated risks involved in my presence as well as the people within my party on Premises and participating in the event and any activities, and I hereby assume all risk of injury, harm, damage or death in connection with participation in the Activities.
2. I willingly assume the risks associated with participation and accept that there are also risks that may arise due to other participants.
3. I agree that I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any activity offered by PDOP.
4. It is my responsibility to notify PDOP of any medical concerns that may impact my well-being and my party’s well-being during the Activities. I agree that PDOP shall not be liable in any way for damages, injuries, sickness or loss to any person or property as a result of my participation and my party’s participation in the Activities.
5. PDOP will not be held responsible/liable for injuries related to dog bites or scratches to either human nor other dogs. Dog owners are solely responsible for their dog and the behavior and conduct of their dog.
6. I understand and agree I will be held financially responsible for all damages to property and equipment resulting from my participation and my party’s participation in the above, and I knowingly and voluntarily agree to assume such responsibility as a condition to participating in the Activities.
7. I agree by participating in PDOP Pumpkin Days including all activities including riding the mechanical bull, or allowing my minor child to participate in all activities including ride the mechanical bull, I accept any risks involved in participation, and all liability, and will hold harmless PDOP, their agents, owners, volunteers, and all other persons or entities acting in any capacity on their behalf for any damages to my property or injuries to my person. This includes, but is not limited to, damages or injuries incurred due to negligence, carelessness, or equipment failure. I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children, my parents, my heirs, assigns, my personal representative and my estate as follows:
8. I acknowledge that participating in the events including riding a mechanical bull entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
9. The risks include but are not limited to: Inclement weather, sunburn, heat stroke, dehydration, bee stings, falling off of hay, tripping, falling, receiving hay scratches or cuts, animal bites, falling off or being thrown from the bull, which could result in musculoskeletal injuries including head, neck, and back injuries.
10. Furthermore, PDOP staff/volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction.
11. I expressly agree and promise to accept and assume all of the risks existing in this event and associated activities. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
12. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless from any and all claims, demands, or causes of action, that are in any way connected with my participation in this activity or my use of equipment or facilities, including any such claims which allege negligent acts or omissions.
13. Should PDOP or anyone acting on their behalf be required to incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
14. 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. Further certify that I am willing to assume the risk of any medical or physical condition I may have.
15. If I elect to ride the mechanical bull or allow my minor child to ride the mechanical bull, I understand that riding a mechanical bull involves a rotating, bucking motion that has risks that cannot be fully avoided due to the nature of the activity. These risks include, but are not limited to:
· Slipping or falling from the bull in an uncontrollable manner that results in physical injury.
· Bumping into, colliding, or otherwise making contact with walls, the floor, observers, the bull structure itself, or other objects in a manner that results in physical injury.
· Being struck by flying or falling objects of any kind.
· Injuries due to equipment failure, pieces of the bull structure dislodging, entanglement in footholds or handholds, and other mishaps related to the structure of the bull and related equipment.
· Injuries including but not limited to rope burns, broken teeth, eye injury, bruising, sprains, internal injuries, joint dislocation, bone breakage, full or partial paralysis, or death.
· If riding in an outdoor setting: inclement weather, sunburn, heat stroke, or dehydration.
· Experiencing anxiety, exhaustion, or other emotional and physical responses to the activity of bull-riding.
16. I acknowledge that I am not under the influence of alcohol or drugs, and that I do not have any pre-existing conditions that would put me at risk for participating and/or riding. I understand that the operator is not responsible for determining your condition or ability.
17. I acknowledge that I have read this form thoroughly and in its entirety and fully understand that it is a release of liability, and I hereby execute this agreement without coercion.
18. By signing this Agreement, I am waiving any right I have to bring a legal action or claim of any kind against the PDOP, its officers, directors, owners, affiliates, successors, assigns and subsidiaries as a result of participation of any program through PDOP. I understand that participation in PDOP’s Activities and execution of this form constitutes consent for PDOP to use any film, video, or likeness of participants for any purpose whatsoever, without payment to the participant.
19. I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Nevada and that the Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Nevada. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Nevada, and I hereby consent to the exclusive jurisdiction of such courts.
20. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT IT APPLIES TO ME, MY CHILDREN, MINOR GUESTS, AND ANYONE ELSE INVOLVED IN MY PARTY. I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PDOP.
FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)
This is to certify that I, as parent/guardian with legal responsibility for listed minor child and do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES), to the fullest extent permitted by law.
As a condition for allowing me and my party to be present on the Premises and participate in all or any of the activities offered by PDOP which may include but are not limited to, Pumpkin Patch, Bowling & Games, Mechanical Bull Rides, Corn Jump, Straw Jump, Face Painting, Fire Truck, Haunted House, Hay Maze, Hay Pyramid, Hay Ride, Petting Zoo, Photo Opportunities, Train Ride, Axe Throwing or other special events or activities (the “Activities”) located on the premises of PDOP Pumpkin Days located generally at Ian Deutch Park, Pahrump, Nevada (the “Premises”):
1. I acknowledge that there are known, unknown, or unanticipated risks involved in my presence as well as the people within my party on Premises and participating in the event and any activities, and I hereby assume all risk of injury, harm, damage or death in connection with participation in the Activities.
2. I willingly assume the risks associated with participation and accept that there are also risks that may arise due to other participants.
3. I agree that I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any activity offered by PDOP.
4. It is my responsibility to notify PDOP of any medical concerns that may impact my well-being and my party’s well-being during the Activities. I agree that PDOP shall not be liable in any way for damages, injuries, sickness or loss to any person or property as a result of my participation and my party’s participation in the Activities.
5. PDOP will not be held responsible/liable for injuries related to dog bites or scratches to either human nor other dogs. Dog owners are solely responsible for their dog and the behavior and conduct of their dog.
6. I understand and agree I will be held financially responsible for all damages to property and equipment resulting from my participation and my party’s participation in the above, and I knowingly and voluntarily agree to assume such responsibility as a condition to participating in the Activities.
7. I agree by participating in PDOP Pumpkin Days including all activities including riding the mechanical bull, or allowing my minor child to participate in all activities including ride the mechanical bull, I accept any risks involved in participation, and all liability, and will hold harmless PDOP, their agents, owners, volunteers, and all other persons or entities acting in any capacity on their behalf for any damages to my property or injuries to my person. This includes, but is not limited to, damages or injuries incurred due to negligence, carelessness, or equipment failure. I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children, my parents, my heirs, assigns, my personal representative and my estate as follows:
8. I acknowledge that participating in the events including riding a mechanical bull entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
9. The risks include but are not limited to: Inclement weather, sunburn, heat stroke, dehydration, bee stings, falling off of hay, tripping, falling, receiving hay scratches or cuts, animal bites, falling off or being thrown from the bull, which could result in musculoskeletal injuries including head, neck, and back injuries.
10. Furthermore, PDOP staff/volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction.
11. I expressly agree and promise to accept and assume all of the risks existing in this event and associated activities. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
12. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless from any and all claims, demands, or causes of action, that are in any way connected with my participation in this activity or my use of equipment or facilities, including any such claims which allege negligent acts or omissions.
13. Should PDOP or anyone acting on their behalf be required to incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
14. 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. Further certify that I am willing to assume the risk of any medical or physical condition I may have.
15. If I elect to ride the mechanical bull or allow my minor child to ride the mechanical bull, I understand that riding a mechanical bull involves a rotating, bucking motion that has risks that cannot be fully avoided due to the nature of the activity. These risks include, but are not limited to:
· Slipping or falling from the bull in an uncontrollable manner that results in physical injury.
· Bumping into, colliding, or otherwise making contact with walls, the floor, observers, the bull structure itself, or other objects in a manner that results in physical injury.
· Being struck by flying or falling objects of any kind.
· Injuries due to equipment failure, pieces of the bull structure dislodging, entanglement in footholds or handholds, and other mishaps related to the structure of the bull and related equipment.
· Injuries including but not limited to rope burns, broken teeth, eye injury, bruising, sprains, internal injuries, joint dislocation, bone breakage, full or partial paralysis, or death.
· If riding in an outdoor setting: inclement weather, sunburn, heat stroke, or dehydration.
· Experiencing anxiety, exhaustion, or other emotional and physical responses to the activity of bull-riding.
16. I acknowledge that I am not under the influence of alcohol or drugs, and that I do not have any pre-existing conditions that would put me at risk for participating and/or riding. I understand that the operator is not responsible for determining your condition or ability.
17. I acknowledge that I have read this form thoroughly and in its entirety and fully understand that it is a release of liability, and I hereby execute this agreement without coercion.
18. By signing this Agreement, I am waiving any right I have to bring a legal action or claim of any kind against the PDOP, its officers, directors, owners, affiliates, successors, assigns and subsidiaries as a result of participation of any program through PDOP. I understand that participation in PDOP’s Activities and execution of this form constitutes consent for PDOP to use any film, video, or likeness of participants for any purpose whatsoever, without payment to the participant.
19. I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Nevada and that the Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Nevada. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Nevada, and I hereby consent to the exclusive jurisdiction of such courts.
20. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT IT APPLIES TO ME, MY CHILDREN, MINOR GUESTS, AND ANYONE ELSE INVOLVED IN MY PARTY. I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PDOP.
FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)
This is to certify that I, as parent/guardian with legal responsibility for listed minor child and do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES), to the fullest extent permitted by law.