Assumption of Risk and Waiver of Liability

As consideration for the opportunity to participate in or attend any and all events and activities associated with the 2021 Spirit of Giving to be held at 12441 Creekwood Lane Carmel, IN 46032 (the “Premises”) on September 25, 2021 (collectively, the “Event”), and the satisfaction and other personal benefit I will receive from participating in and/or attending such Event, I hereby agree to be bound by the terms and conditions stated in this Assumption of Risk and Waiver of Liability (“Waiver”).

  • I understand and acknowledge that my involvement in the Event is entirely voluntary.
  • I understand and acknowledge that my involvement in the Event, as well as access to or use of the Premises, may involve potentially hazardous activities and carry certain risks, inherent or otherwise, which cannot be eliminated, including risks of physical injury and loss.
  • I realize that there may be other risks not known to me or not readily foreseeable, but I accept and assume all such risks, whether or not identified, and I assume all responsibility for any liability, injury, losses, and damages that I may suffer as a result of or in any way connected to my involvement in the Event.
  • I understand and acknowledge that participating in and/or attending the Event during the COVID-19 pandemic presents unique health and safety risks and dangers, known and unknown, inherent and otherwise, that cannot be eliminated and that can cause injury, illness, disability, or death to me, other of my family members, and other third parties. I accept full and sole responsibility for the risk of any exposure to and infection of COVID-19 as a result of my involvement in the Event, and acknowledge that I am voluntarily participating in and/or attending the Event with full knowledge of this risk.
  • By attending the Event, I will be affirming that: (1) I do not have, and have not had within 48 hours immediately preceding the Event, a fever of 100.4 degrees or higher; (2) I do not have, and have not had within 14 days immediately preceding the Event, COVID-19 symptoms; (3) I have not tested positive for COVID-19 within 14 days immediately preceding the Event; (4) I am not waiting on the results of a COVID-19 test taken within 14 days immediately preceding the Event; and (5) I have not been in close contact with a COVID-19 positive individual within 14 days immediately preceding the Event.
  • I, for myself, my heirs, executors, personal and legal representatives, estates, beneficiaries, administrators, successors, and assigns (collectively, the “Releasors”), hereby waive, release and discharge, and promise not to sue, Caroline Symmes, Inc., and its officers, directors, managers, partners, employees, contractors, volunteers, partners, representatives, agents, attorneys, affiliates, and all of their respective successors and assigns, as well as any person or entity acting by, through, under, or in concert with any of the foregoing persons or entities (collectively, the “Released Parties”), of and from any and all liability and/or claims, causes of action, suits, damages, judgments, demands, damages, liabilities, controversies, obligations, disputes, injury, disability, death, costs, expenses, and fees of any nature whatsoever, whether or not now known, suspected, or claimed, that exist in whole or in part, are based upon, arise out of, or relate in any way to my involvement in the Event.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE CONTENTS OF THIS WAIVER, THAT I AM GIVING UP SUBSTANTIVE LEGAL RIGHTS (BOTH MY OWN, AS WELL AS THE RIGHTS OF ALL OTHER RELEASORS), THAT I HAVE NOT BEEN INDUCED TO SIGN THIS WAIVER BY ANY PROMISE, ASSURANCE, OR REPRESENTATION, AND THAT I SIGN IT FREELY AND VOLUNTARILY, INTENDING AND AGREEING TO BE FULLY BOUND BY THE TERMS HEREOF.