In consideration of being accepted to participate as a Vendor for Deer Haven Park LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “DHP”), I hereby agree to forever release and discharge DHP & Kessler Promotions, on behalf of myself, my children, my parents, my heirs, next of kin, assigns, personal representatives, and estate as follows:
1. THE VENDOR HEREBY accepts the risks inherent in the event and hereby agrees to release DHP, Kessler Promotions, Other Event Vendors, and all Participating Clubs, Organizations, and any and all employees or contractors or their assigns from any loss, liability or damage caused to the Vendor or to the Vendor’s personal property, including claims for negligence, which arise out of the participation in or travel to the event at the venue Deer Haven Park.
2. THE VENDOR Acknowledges that the activities involved in the use of any of DHP’s services or facilities may entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties.
3. THE VENDOR EXPRESSLY AGREES AND PROMISES to accept and assume all risks existing in these activities, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of DHP. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
4. THE VENDOR WARRANTS THAT Vendor’s automotive liability and property insurance covers each vehicle that will be at the event. The Vendor understands that the Vendor's vehicle insurance and liability insurance will be solely responsible for any property damage or liability claims that occur at Deer Haven Park.
5. THE VENDOR DOES HEREBY voluntarily release, forever discharge, and agree to indemnify and hold harmless DHP from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of DHP equipment or facilities, including any such claims which alleged negligent acts or omissions of DHP.
6. THE VENDOR AGREES THAT should DHP or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such costs and fees.
7. THE VENDOR CERTIFIES that the vendor has 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. I further certify that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume, and bear the cost of, all risks that may be created, directly or indirectly by any such condition.
8. Nothing in this waiver shall obligate DHP to render any service, including first aid, to the Vendor.
9. THE VENDOR ALSO AGREES that if any portion of this Release Agreement is held to be invalid, that the remainder of this Release Agreement shall continue in full legal force and effect. Jurisdiction shall be and remain in Seneca County, New York.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against DHP based on any claim from which I have released them herein.
I, THE VENDOR, HAVE HAD SUFFICIENT OPPORTUNUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND IT. I AM OF LAWFUL AGE TO MAKE THE AGREEMENTS AND PROMISES CONTAINED IN THIS WAIVER, AND I AGREE TO BE BOUND BY ITS TERMS.
