Manhattan West Woof Fest Assumption of Risk, Release of Liability, and Hold Harmless Agreement Description of Event: 2024 Free Interactive Canine Event at Manhattan West in NYC 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
- Participating in an activity or conduct whatsoever on a raised platform
- 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 Dima Productions, LLC, the Manhattan West Owners Association LLC, Brookfield Properties (USA II) LLC, BOP MW Residential Market LLC, BOP MW Residential Affordable LLC, 450 Partners LLC, BOP NE LLC, BOP SE LLC, BOP NW Loft LLC, BOP MW Retail Subsidiary LLC, Manhattan West Residential Condominium, 5 Manhattan West Condominium, 1 Manhattan West Condominium, 2 Manhattan West Condominium, Manhattan West Hotel 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; any present or future mortgagee which encumbers an interest in any portion of the land or improvements commonly known as Manhattan West, New York, New York and located within the area bounded by 31st Street, Ninth Avenue, 33rd Street and 10th Avenue, New York, New York, together with their respective directors, officers, employees or agents, and any successors and assigns of such entities; The Port Authority of New York and New Jersey; National Railroad Passenger Corporation; Long Island Railroad Company; 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; New York City Industrial Development Agency; KT Hotels, LLC; and such other and further entities and/or individuals as may be identified by Licensor to Licensee in writing.
- 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.
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