MANHATTAN WEST WOOF FEST
Assumption of Risk, Release of Liability, and Hold Harmless Agreement
I, the undersigned (the “Participant”) hereby voluntarily request to participate in the event identified above (hereinafter the “Event”).
I am familiar with the concept of an interactive event for canines, specifically the “Manhattan West Woof Fest,” and the risks involved, which include interaction with my canine, other owners and their canines, and interactive activations created specifically for dogs. I understand that the Event requires concentrated focus and awareness of the environment around my canine and I, and caution at all times. I understand that I must exercise good judgment at all times in order for my canine and I to remain safe, including the responsibility for supervising my dog and determining whether or not this is an appropriate activity. Despite careful and proper preparation, there are still risks associated with the Event including but not limited to the following:
- The propensity of any dog to behave in dangerous ways that may result in injury
- The inexperience, negligence, or irresponsibility of a dog owner/handler
- The inability to predict a dog’s reaction to movement, sounds, persons, or other animals
- Actions by the dog due to fright, anger, stress, or insect bites
- Natural reactions by the dog such as jumping, pulling, resisting, and biting
- Interaction with the artwork
- All other circumstances inherent to dogs and/or outdoor activities
I understand and acknowledge that participation in the Event may involve risk of serious injury or death to me and/or my dog, including injuries which may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of my dog and/or others, the condition of the facilities, equipment, or areas where the Event is conducted, and/or the physical nature of the Event. Should I attempt to break up a dog fight or restrain a dog, including but not limited to my dog, I may be severely mauled and/or attacked by my or other dogs. I agree that all activities undertaken at the Event are conducted at my own risk (and the risk of my dog). I hereby voluntarily and willingly assume responsibility for all risks and dangers associated with my and my dog’s participation in the Event fully knowing and understanding the risks involved with participation in the Events.
In consideration of my participation in the Event, I hereby knowingly and voluntarily waive and release all claims or causes of action ARISING OUT OF MY PARTICIPATION IN THE WOOF FEST against Calm Canine Incorporated, Woofbowl LLC, Papetta // Inc, (1) The Manhattan West Owners Association LLC, BOP MWOA TRS LLC, Brookfield Properties (USA II) LLC, Brookfield Properties Multifamily LLC, Brookfield Properties Developer LLC, BOP NE Development LLC, BOP MW Management Company LLC, BOP Management Inc., Brookfield Properties Holdings LLC, BOP West 31st Street LLC, Brookfield Properties 9th Avenue LLC, BOP (US) LLC, BOP NW Holdings II LLC, BOP NW Member II LLC, BOP NW LLC, BOP NW Retail II LLC, BOP MW Retail LLC, BOP MW Retail Holdings LLC, BOP MW Retail Member LLC, BOP MW Residential Retail LLC, BOP NW Retail LLC, BOP MW Residential LLC, BOP SW Retail LLC, BOP MW Residential Market LLC, BOP MW Residential Affordable LLC, BOP 450 West 33 LLC, BOP 450 West 33 II LLC, 450 Partners LLC, BOP 450 Member LLC, BOP 450 Retail LLC, BOP 450 Holdings LLC, BOP NE LLC, BOP NE Retail LLC, BOP NE Holdings LLC, BOP NE Member LLC, BOP SE LLC, BOP SE Retail LLC, BOP SE Holdings LLC, BOP SE Member LLC, BOP NW Loft LLC, BOP NW Loft Member LLC, BOP NW Loft Holdings LLC, BOP NW Loft Management LLC, BOP MW Retail Subsidiary LLC, BOP MW Residential Parking LLC, Manhattan West Residential Condominium, 5 Manhattan West Condominium, 1 Manhattan West Condominium and each of their respective affiliates, shareholders, members, managers, partners (including partners of partners), subsidiaries and related entities, and any successors and/or assigns of such entities; (2) Manhattan West 2020-1MW Mortgage Trust; (3) Bank of China, New York Branch; (4) Union Labor Life Insurance Company; (5) New York State Housing Finance Agency; (6) City of New York Department of Housing Preservation and Development; (7) Landesbank Baden-Württemberg (as administrative agent for a syndication of lenders); (8) United Overseas Bank Limited, New York Agency (as administrative agent for a syndication of lenders); (9) Manufactures and Traders Trust Company; (10) Credit Agricole Corporate and Investment Bank; (11) The Port Authority of New York and New Jersey; (12) National Railroad Passenger Corporation; (13) Long Island Railroad Company; (14) Metropolitan Transportation Authority and their respective affiliates, shareholders, partners (including partners of partners), subsidiaries and related entities, and any successors and/or assigns of such entities; (15) New York City Industrial Development Agency; and (16) KT Hotels, LLC; (collectively and hereinafter “Releasees”).
Without limiting anything contained above, I understand that while the Releasees have undertaken reasonable steps to lessen the risk of transmission of COVID-19, the Releasees are not responsible in any manner for any risks related to COVID-19 in connection with the Event. I further understand that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that involvement in the Event (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. To the fullest extent permitted by law, I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks.
To the fullest extent permitted by and under New York law, I agree release and discharge the Releasees from all liability, claims, demands, losses, or damages on my account, whether caused or alleged to be caused in whole or in part by the negligence of the Releasees, arising out of or in connection with the Event, and agree that if, despite this release, waiver of liability, and assumption of risk, I or anyone on my behalf, makes a claim against any of the Releasees arising out of or in connection with my participation in the Event, I will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage, litigation expense, attorney fees, or costs they may incur as the result of such a claim.
I hereby authorize the Releasees to photograph and/or video my canine and I, and to edit, use, reproduce, exhibit, and distribute these photographs and/or videos in whole or in part, in any manner and media now known or hereinafter invented in perpetuity throughout the world. I hereby waive the right to inspect or approve any of the photographs and/or videos of my canine or me. I understand that Manhattan West and Brookfield Properties will be the exclusive owner of all such photographs and/or videos, and that my dog and I will not receive any compensation for the use of the photographs and/or videos.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND HOLD HARMLES AGREEMENT. I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY, KNOWLINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW.