Bright & Lyon Productions (B&L) and The Word Barn (TWB) require participants registering for its events sign a general Waiver and Liability Release. This year, B&L and TWB will require all participants, whether participating in events or spectating, or even just living or associating with B&L and TWB participants to read, understand and sign this agreement for all the purposes stated below.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be infected with COVID-19 without their knowledge and be asymptomatic. B&L and TWB will take preventative measures to reduce the spread of COVID-19, but our pandemic circumstances require that anyone and everyone related to and coming in contact with participants assume personal responsibility. B&L and TWB cannot guarantee that signers and minor children listed in this agreement, nor anyone else will not become infected with COVID-19, including family members, relatives and/or guests. Participation in B&L and TWB program(s), related event, or activity, could increase the risk of contracting COVID-19.
In consideration of being allowed to participate in any way in B&L and TWB programs, related events and activities (collectively referred to herein as the “activity” or “activities”), the undersigned, for themselves and as parents/legal guardians of minor children, whether activity participants, spectators and/or family members, attest that they have read and understand this Waiver and Release of Liability Agreement, and agree to it. The undersigned acknowledge that they are the parents/legal guardians of the following minor children and have Decision Making Responsibility for:
By signing this agreement, the undersigned, for themselves and any minor children, 1. Acknowledge the risks of injury and illness (including but not limited to communicable diseases such as MRSA, influenza, and COVID-19) from the activities involved in the B&L and TWB program are significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness and death do exist; and
Acknowledge the contagious nature of COVID-19 and VOLUNTARILY ASSUME ALL RISK for myself, and all the above listed minor children that I/they may be exposed to or infected by COVID-19 by participating in an B&L and TWB related event or activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, child(ren), guests, unborn child, and/or relatives; and
Understand that the risk of becoming exposed to or infected by COVID-19 at B&L and TWB program(s), related event, or activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, B&L and TWB personnel, staff, sound technicians, performers, managers, officers, directors, agents, representatives, volunteers, and program participants; and
Voluntarily accept and assume all the foregoing risks related to COVID-19 and accept SOLE RESPONSIBILITY for any injury, illness and/or death that may occur; and
Understand and agree that this release includes any claims based on the actions, omissions, or negligence of B&L and TWB, its personnel, sound technicians, performers, managers, officers, directors, agents, volunteers and representatives, whether a COVID-19 infection occurs before, during, or after participation in any B&L and TWB program(s), related event, or activity; and
Willingly agree to comply with stated and customary terms and conditions for participation in the activities. If, however, I observe any unusual hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
For myself and my family and guests, on behalf of my heirs, successors and assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS and HEREBY AGREE TO INDEMNIFY AND DEFEND B&L and TWB, their personnel, officers, directors, officials, sound technicians, performers, and managers, volunteers, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and owners and lessors of premises used to conduct the activities (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS (including but not limited to communicable diseases such as MRSA, influenza, and COVID-19), DISABILITY, DEATH, and any and all loss or damage to person or property, and any and all other liability, cost, or expense (including attorneys’ fees and expenses) WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; and
Acknowledge that I’ve had the opportunity to consult with an attorney prior to executing this agreement, that I have carefully read and fully understands all of its provisions, and execute this waiver and release agreement voluntarily and of my free will; and
Promise not to institute any charge, complaint, or lawsuit to challenge the validity of this Release or the circumstances surrounding its execution; in such case RELEASEES shall be entitled to recover all of their attorneys’ fees and expenses from Releasor regardless of result; and
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
