REQUIRED WAIVER OF LIABILITY AND ASSUMPTION OF RISK
“PLEASE READ AND REVIEW CAREFULLY BEFORE CONTINUING WITH YOUR TRANSACTION.
WAIVER OF LIABILITY AND ASSUMPTION OF RISK. I expressly agree to waive any and ALL liability and indemnify and hold harmless the World Championship Punkin’ Chunkin’ Association, its stockholders, officers, all employees, representatives, or agents thereof (collectively referred to as “WCPCA”), Wheatley Farms, Inc., its stockholders, officers, all employees, representatives, or agents thereof, as well as E. Dale Wheatley and Jeffrey T. Wheatley, individually, (collectively referred to as “Wheatley”), and Discovery Communications LLC, its affiliates, licensees, assignees and parent, subsidiary and affiliated companies, and the officers, directors, shareholders, employees, agents, and its third-party production company, (collectively referred to as “Discovery”) and each of their heirs, successors and assigns from and against any and all liabilities, obligations, claims, demands, suits, actions, causes of action, expense (including court costs and attorneys’ fees) or any other matters arising from any acts, omissions or consequences, whether foreseen or unforeseen, by WCPCA, Wheatley, and/or Discovery, or any other person or entity whatsoever, in conjunction with my attendance at and participation in Punkin’ Chunkin’ activities for the time periods specified herein (including damages due to my actions while on the premises) including, but not limited to, any and all injuries to my person, including illness or death, or property (whether real or personal) or both, or to any other person, including illness or death, or person’s property (whether real or personal), or both, during my presence on the premises, and resulting from any cause whatsoever, including my actions while on the premises.
Participation in Punkin’ Chunkin’ activities shall include my participation in any manner whatsoever and in whatever form that may take, whether it be as an attendee, contestant, judge, volunteer, performer, paid employee, bystander, or any other form of participation, whether it be as an individual or as part of a group, and shall be deemed participation simply by virtue of my presence on the Wheatley premises during Punkin’ Chunkin’ on November 4, November 5 and November 6, 2016, and any time periods before or after the actual event in which set-up (or other preparation) and break-down/clean-up activities take place.
I fully understand and expressly acknowledge that my participation in Punkin’ Chunkin’ and presence on the premises subjects me to activities that are inherently dangerous activities that can lead to serious bodily injury, including death, and damage or destruction of property, and that unanticipated dangers may arise during such activity. I hereby expressly assume responsibility for and the risk of injury or harm to my person, including illness or death, or injury or destruction of property from these and any other activities on the premises, as well as the risk of injury or harm to other persons and property, whether real or personal, and including WCPCA, Wheatley, and Discovery that may be sustained in connection with the stated and associated activities on and about the premises or caused by my actions both during Punkin’ Chunkin’ on November 4, November 5, and November 6, 2016, as well as during any period prior thereto I may be on the premises for set-up, preparation or other purposes and any period thereafter that I may be on the premises for clean-up, post-event or other reasons. I hereby release WCPCA, Wheatley, and Discovery from any and all liability for injury, illness, death or property damage to any person whatsoever resulting from any and all activities associated in any manner with the Punkin’Chunkin’ event, as well as the risks involved in being in the vicinity where such activities may be carried on by individuals other than myself.
MINORS: All individuals under the age of eighteen (18) years old (referred to as “minors”) are subject to this Waiver of Liability and Assumption of Risk Agreement. The person who agrees to and accepts the terms hereunder certifies that he or she is over the age of 18 (referred to as “adult”), and is the minor’s parent, legal guardian or other authorized adult who is capable of granting legal consent on the minor’s behalf. Minors are required to be accompanied by their parent, legal guardian or other responsible adult in order to enter and attend Punkin’ Chunkin’ on the premises. Entry with such an adult shall constitute ratification of the adult’s prior consent to this provision on the minor’s behalf. Unaccompanied minors will be excluded or removed from the Wheatley premises during the event and any times periods relevant hereto.
Nothing herein shall be construed to create a bailment with Wheatley.”