Waiver of Liability and Hold Harmless Agreement 1. In consideration for receiving permission to participate in the Mon Mania Barefoot Race (“Mon Mania”), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the organizers of the Mon Mania, their agents, sponsors, or volunteers (hereinafter referred to as RELEASES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on, or upon the premises the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by the law. 2. I am fully aware of the risks and hazards connected with the activity of Barefoot Waterskiing, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that the Mon Mania does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, which may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES or otherwise, to the fullest extent allowed by law. 3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that Releases may incur due to my participation in said activities, WHETHER CAUSE BY NEGLIGENCE OF THE RELEASES or otherwise, to the fullest extent allowed by law. 4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Ohio and that any mediation, suit, or other proceeding must be filed or entered into only in Indiana and federal or state courts of Indiana. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate, and complete consideration fully intending to be bound by the same. **Assumption of the Risk and Waiver of Liability Relating to Coronairus/COVID-19** The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is beilieved to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Mon Mania Barefoot Race ("Mon Mania") has put in place preventative measures to reduce the spread of COVID-19; however, Buckethead cannot guarantee that you will not become infected with COVID-19. Further, attending the Mon Mania Race could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending Mon Mania and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Buckethead may result from the actions, omissions, or negligence of myself or others, including, but not limited to, Mon Mania organizers, volunteers, and race participants. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense of any kind, that I may experience or incur in connection with my attendance at Mon Mania. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Mon Mania, its organizers, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Mon Mania, its organizers, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the Mon Mania. I Agree May 13, 2025 |