2018 Release of Liability, Waiver and Indemnity Form
Mandatory for all participants in the Boulder International Fringe Festival. THIS IS A LEGALLY BINDING RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT (this "Agreement"). Please read it carefully, fill in all blanks and initial each paragraph (by clicking the radio buttons -- these serve as your electronic initials) before signing.
Company Name *
Your answer
Show Title *
Your answer
Name *
State your legal name.
Your answer
1. Read the Waiver *
I hereby affirm that I have read this document in its entirety. By my signature below and by initialing each paragraph, I agree to each and every term and condition of this document. I have signed this release of my own free will.
1.a. Age Certification *
Check only one of the boxes below
2. Released Parties *
"Released Parties" refers to Boulder International Fringe Festival, Inc ("BIFF"), and any of its affiliates, agents, employees, independent contractors, officers, directors, members, managers, volunteers, insurers, attorneys, heirs, predecessors, successors, administrators, assigns and any other person or entity in any way associated with BIFF.
3. Festival *
"Festival" means the 2018 Boulder International Fringe Festival to be held August 11-27, 2018 (including tech times), in various venues located throughout Boulder, Colorado, including all preparation and construction for the Festival, whether before or after the Festival opens and closes, which are in any manner related to or a part of the Festival.
4.a. Release and Consideration *
AS LAWFUL CONSIDERATION FOR MY BEING ALLOWED TO PARTICIPATE IN THE FESTIVAL: I, on behalf of myself (and on behalf of my executors, administrators, heirs, next of kin, successors, assigns, and anyone claiming any interest through me), hereby KNOWINGLY, INTENTIONALLY AND VOLUNTARILY ASSUME ALL OF THE RISKS AND LIABILITY ARISING FROM MY PARTICIPATION IN THE FESTIVAL AND HEREBY WAIVE, RELEASE, INDEMNIFY AND AGREE TO HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES AND LIABILITY (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COSTS), that I, my family, heirs, successors, assigns, and anyone claiming any interest through me, MAY HAVE FOR ANY INJURY, DEATH, HARM, OR PROPERTY DAMAGE CAUSED TO ME OR BY ME OR TO OR BY OTHERS ACTING ON MY BEHALF, ARISING OUT OF MY PARTICIPATION IN THE FESTIVAL. I acknowledge and agree that the liability I am hereby assuming may arise from negligence or carelessness on the part of the Released Parties.
4.b. Release and Consideration *
I personally assume all risks, whether foreseen or unforeseen, in connection with my participation in the Festival, for any harm, injury, or damage that may befall me while I participate in the Festival, including the risk of negligence of any party or participant including, without limitation, the Released Parties.
4.c. Release and Consideration *
In consideration of my participation in the Festival, I hereby acknowledge and agree that I am a knowing, willful and willing participant, that this Agreement may be used by the Released Parties, and any of their respective directors, officers, employees or agents, or organizers, in any action arising from activities related to the Festival events in which I participate, and that this Release of Liability, Waiver and Indemnity Agreement.
4.d. Release and Consideration *
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS FORM IS A WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND A LEGALLY BINDING CONTRACT WHICH I AM SIGNING OF MY OWN FREE WILL.
4.e. Release and Consideration *
I understand and agree that the Released Parties may NOT be held liable or responsible in any way to me or my family, heirs, successors, assigns, or anyone claiming any interest through me, for any injury, death, or other damage that may occur as a result of my participation in the Festival or as a result of the negligence of the Released Parties.
4.f. Release and Consideration *
By signing this document, it is my intent to release, waive, hold harmless and indemnify all of the Released Parties from all liability, claims, or causes of action connected with my participation in the Festival, and to personally assume all risk of injury or death. I UNDERSTAND THAT THE TERMS OF THIS DOCUMENT ARE CONTRACTUAL AND NOT A MERE RECITAL AND UNDERSTAND THAT I WOULD NOT BE PERMITTED TO PARTICIPATE IN THE FESTIVAL WITHOUT ENTERING INTO THIS AGREEMENT. I HAVE SIGNED THIS DOCUMENT VOLUNTARILY AND OF MY OWN FREE WILL.
5. Photograph Release *
I understand that my participation in the Festival may be photographed and promoted by the Festival, BIFF, or any other organization or individual involved with the creation or promotion of the Boulder International Fringe Festival, and in consideration for permission to participate in the Festival, I hereby give permission to the Released Parties to use my likeness, images of my work and artistic images, without compensation provided such usage is only used for the promotion and advertising of the Festival.
6. Severability *
If any provision of this document is held to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall be deemed amended to conform to the requirements of law so as to be valid and enforceable, or if it cannot be amended without materially altering the intention of the parties, it shall be stricken and the remainder of this Agreement shall remain in full force and effect. It is the intent and purpose of this Agreement to provide the broadest possible release of claims and causes of action in favor of the Released Parties, and any ambiguity shall be construed in light of this purpose.
7. Miscellaneous *
I have read and understand this Agreement and I am voluntarily signing this Agreement on behalf of myself and my heirs. I understand that by signing this Agreement I am waiving important legal rights on my behalf and on behalf of my family and heirs. I expressly acknowledge that I have been advised to have this Agreement reviewed by legal counsel of my choice and that I have had the opportunity to consult with legal counsel before signing this Agreement.
8. Miscellaneous *
I hereby consent to be kind to audiences and treat members of the arts community surrounding the Boulder Fringe Festival with kindness and compassion.
9. Miscellaneous *
This document shall be governed by and interpreted under the laws of the State of Colorado, without regard to conflict of laws provisions. If any lawsuit or claim is brought arising from my participation in the Festival, I agree that the exclusive jurisdiction and venue for such suit shall be the Boulder County District Court in and for the State of Colorado, and I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise be entitled.
SIGNATURE
If you are over 18, please only sign the section titled, RELEASOR SIGNATURE.

If you are under 18, please also have your parent or guardian complete the section titled, IF RELEASOR IS UNDER THE AGE OF 18 YEARS.

RELEASOR SIGNATURE
Signature of Releasor *
By typing your name below, you electronically sign your name to affirm that you have read this document in its entirety and that you agree to each and every term and condition of this document. You are also affirming that you have signed this release of your own free will.
Your answer
Date *
Today's date.
Your answer
Street Address *
Your answer
City *
Your answer
State *
Your answer
Zipcode *
Your answer
Phone number *
Your answer
IF RELEASOR IS UNDER THE AGE OF 18 YEARS
Parent or Guardian
(if you are signing for minor under 18). Please state your FULL legal name.
Your answer
Certification of Parent/Guardian
I hereby certify that I am the parent/natural guardian or legal guardian of the Participant, and acting in such capacity hereby acknowledge and agree to each of the releases, waivers and other agreements set out above in this RELEASE OF LIABILITY, WAIVER AND INDEMNITY AGREEMENT. I hereby agree to hold harmless and indemnify the Released Parties and all other participants, from and against any and all liability and responsibility for any and all injury or harm caused by or to the above-named Participant or to others acting on the Participant's behalf and for any and all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and hereby releases said parties on behalf of the minor and the parent or legal guardian.
Date
Today's date.
Your answer
Address of Guardian
State your address of residence.
Your answer
Phone number of Guardian
State your telephone number including area code.
Your answer
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