TERMS AND CONDITIONS OF LIABILITY RELEASE FOR FESTIVAL PARTICIPANTS The following terms and conditions set forth the terms and conditions under which individuals participate in the 2023 Old Town Warrenton Fall Festival event hosted by The Fauquier Chamber of Commerce.
ACKNOWLEDGEMENT OF RISK AND LIABILITY RELEASE 1.1 Acknowledgement of Risk: The applicant acknowledges that participating in the Event involves inherent risks, including but not limited to the risk of physical injury, property damage, and loss of personal property. 1.2 Liability Release: The applicant hereby releases and forever discharges the Fauquier Chamber of Commerce, its officers, employees, agents, contractors, and volunteers from any and all claims, damages, or liabilities arising from or related to the applicant’s participation in the Event, whether caused by the Fauquier Chamber of Commerce’s negligence or otherwise. ASSUMPTION OF RISK 2.1 Assumption of Risk: The applicant assumes all risks associated with participation in the Event, including but not limited to the risk of physical injury, property damage, and loss of personal property. 2.2 Acknowledgement of Responsibility: The applicant acknowledges and agrees that he or she is solely responsible for his or her own safety and well-being during the Event, and that the Fauquier Chamber of Commerce shall not be liable for any injuries or damages that may occur as a result of the applicant participation in the Event. INDEMNIFICATION 3.1 Indemnification: The applicant agrees to indemnify, defend, and hold harmless the Fauquier Chamber of Commerce, its officers, employees, agents, contractors, and volunteers from any and all claims, damages, or liabilities arising from or related to the applicant participation in the Event, including but not limited to any claims brought by third parties. 3.2 Scope of Indemnification: The applicant’s obligation to indemnify the Fauquier Chamber of Commerce shall include, without limitation, any damages, expenses, or attorneys’ fees incurred by the Fauquier Chamber of Commerce in connection with any claims, demands, or actions arising from or related to the applicant’s participation in the Event. RELEASE OF LIABILITY 4.1 Release of Liability: The applicant hereby releases and forever discharges the Fauquier Chamber of Commerce, its officers, employees, agents, contractors, and volunteers from any and all claims, damages, or liabilities arising from or related to the applicant’s participation in the Event, whether caused by the Fauquier Chamber of Commerce’s negligence or otherwise. 4.2 No Third-Party Claims: The applicant acknowledges and agrees that this Agreement is intended to release the Fauquier Chamber of Commerce only from liability to the applicant, and that it does not release the Fauquier Chamber of Commerce from liability to any third party. GOVERNING LAW 5.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the Event is held, without giving effect to any choice or conflict of law provision or rule. 5.2 Jurisdiction and Venue: The parties hereby submit to the exclusive jurisdiction of the courts located in the state in which the Event is held for any disputes arising under or related to this Agreement. ENTIRE AGREEMENT 6.1 Entire Agreement: This Agreement constitutes the entire agreement between the applicant and the Fauquier Chamber of Commerce with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. 6.2 Amendments: This Agreement may not be amended or modified except in writing signed by both parties.
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