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RELEASE AND WAIVER OF LIABILITY

TITLETOWN PUMPKIN PALOOZA CARVING 2023


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READ BEFORE SIGNING 

The undersigned participant, or minor participant(s), by and through his/her/their parents or guardians (collectively the “Participant”) desires to participate in pumpkin carving at Titletown Pumpkin Palooza, currently scheduled for October 28, 2023 (collectively, the “Activities”). Participant understands and acknowledges that there are serious risks (collectively, the “Risks”) inherent in participating in the Activities, including but not limited to: risks of serious bodily injury (including but not limited to permanent trauma, disability, paralysis, and/or death); the risk of exposure to communicable diseases, viruses, bacteria or illnesses or the causes thereof (including but not limited to COVID-19 or any variation thereof); injuries to the eye, head, neck and back; allergic or other reaction to the pumpkin or the utensils; muscle, ligament, and tendon strain, tear or injury; minor injuries such as scratches, bruises, and sprains; severe or minor cuts, punctures, or wounds; nerve damage or compression; stroke; heart problems including heart attack; loss of or damage to equipment/property; emotional or psychological injury; and social and economic losses, which may be caused by, without limitation: injuring caused by carving utensils; the condition of the carving area; equipment failure; inadequate safety measures; participants of varying skill levels; exhaustion/overheating/dehydration due to temperature; close physical contact/crowding with other participants, spectators, animals and insects, or other natural or manmade objects; my own actions or inactions; the actions or inactions of others participating in the Activities; the conditions in which the Activities take place; the rules of operation; changes in weather conditions; exceeding one’s own abilities; and/or the negligence of the “Releasees” named below. I further acknowledge that any instruction, supervision, and enforcement of rules by the “Releasees” named below do not and cannot guarantee my safety, and may be incomplete or imperfect. I understand I am responsible for determining whether I am physically and medically able to participate in the Activity. In addition, I fully understand that there may be other, additional risks either known or unknown to me, or not readily foreseeable at this time.

In exchange for the permission granted to me to participate in any way in the Activities by Titletown Development, LLC (“Titletown”), the undersigned Participant accepts and assumes complete and absolute responsibility for all Risks encountered by Participant as a result of their purely voluntary participation in the Event. The Participant agrees to release, hold harmless and indemnify Titletown Development, LLC, Green Bay Packers, Inc., the National Football League and its professional member clubs, Delaware North Companies, Inc., Titletown Sportservice, Inc., H.J. Martin and Son, and their respective agents, assigns, owners, affiliates, officers, directors, and insurers (collectively, the “Releasees”) from any actions, suits, damages, claims, or judgments that may result from any personal injury, property damage, or death which the Participant may sustain while participating in the Event, even if the injury or damage is caused by the negligent act or omission of the Releasees or its agent. This release of liability shall be a full and final compromise and settlement of any claims for any injury or damage suffered by the Participant as a result of the Activity. Nothing in this Release shall be construed as a release, discharge, or waiver any claim that Participant may have for reckless or intentional acts of the Releasees or their respective agents.

In addition, the Participant further agrees to indemnify the Releasees, and their respective agents, assigns, owners, corporate subsidiaries, affiliates and parents, officers, directors, and insurers, from any and all actions, suits, damages, claims, or judgments that may result from any personal injury or property damage which any other persons may sustain as a result of the Participant’s conduct during or relating to the Activity.

Participant agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this Agreement, Participant hereby waives any right I or anyone on my behalf may have to a trial and agree that such dispute shall be determined by binding arbitration before three neutral American Arbitration Association arbitrators in Green Bay, Wisconsin. Each Party shall be responsible for their own costs and expenses issued in connection with the arbitration, suit or action, including attorney's fees and costs at the arbitration, suit or action and to enforce any arbitration award in court and on appeal. TITLETOWN AND PARTICIPANT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF PARTICIPANT DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST NOT PARTICIPATE IN THE ACTIVITIES. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

Participant authorizes the Releasees, and anyone authorized by them, to retouch or alter their carved pumpkin, or any photographs, video, or other media taken of the event Participant and use them, in whole or in part, with or without the Participant’s name, signature, and/or biographical information or other identification of any other fictitious or real person, in any and all media, for advertising or commercial purpose, and to claim and register its copyright in same; and further, release and hold harmless the Releasees and their respective employees, directors, officers, agents, successors, and assigns from any and all liability arising from the use of the Participant’s pumpkin and/or the Participant’s photograph and from any blurring, distortion or optical illusion which may occur or be produced, as well as from the use of the Participant’s name, signature, and/or biographical information; and further relinquish all right, title and interest in and to the pumpkin and any photograph or media of Participant, the negatives and prints and their reproduction, including the right to approve their final form, context and use.

Statement of Understanding: The undersigned has read and understands this document, and enters into it on behalf of the Participant and Participant’s family, spouse, heirs, executors and assigns, and anyone acting on Participant’s behalf, including attorneys, agents, insurers and representatives. The undersigned also acknowledges that the undersigned has had sufficient time to read this document, has had the opportunity to consider the consequences of signing this Agreement, and has had an adequate opportunity to ask questions regarding this Agreement.

I HAVE CONSIDERED THAT IF THIS WAIVER OF LIABILITY WERE NOT AS BROAD AS IT IS, THE COST FOR MY PARTICIPATION IN THE ACTIVITY WOULD BE CONSIDERABLE, AND AS I DO NOT WISH TO PAY A CONSIDERABLY HIGH COST, I WAIVE THE RIGHT TO BARGAIN FOR DIFFERENT WAIVER OF LIABILITY TERMS.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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