1. In consideration for receiving permission to participate in the Hastings
Lions Club’s Apple Festival (“the Event”) from September
28th through September 29th, 2024, I hereby release, waive, discharge and
covenant not to sue the Hastings Lions Club, Lions International, the Town
of Hastings, County of Oswego, Reymore Chevrolet, 60 US RT 11, LLC, MDL
Brewerton, LLC, Glenn Donnelly, Donnelly Partners, LLC, Central New York
Raceway Park, or any property owner that may allow us to use their premises
or equipment, or any of their officers, members, servants, agents and employees
(hereinafter referred to as "releasees") from any and all liability,
claims, demands, actions and causes of action whatsoever arising out of
or relating to any loss, damage or injury, including death, that may be
sustained by me, or to any property belonging to me, whether caused by
the negligence of the releasees, or otherwise, while participating in the
Event, or while in, on or upon the premises where the Event is being conducted,
while in transit to or from the premises, or in any place or places connected
with the Event. If I am signing this on behalf of an organization, I attest
that I have authority to do so, and agree that my signature covers all
persons involved with the festival on our behalf.
2. I am fully aware of risks and hazards connected with being on the premises
and participating in the Event, and I am fully aware that there may be
risks and hazards unknown to me connected with being on the premises and
participating in the Event, and I hereby elect to voluntarily participate
in the Event, to enter upon the above named premises and engage in activities
knowing that conditions may be hazardous, or may become hazardous or dangerous
to me and my property. I voluntarily assume full responsibility for any
risks of loss, property damage or personal injury, including death, that
may be sustained by me, or any loss or damage to property owned by me,
as a result of my being a participant in the Event, whether caused by the
negligence of releasees or otherwise.
3. I further hereby agree to indemnify and save and hold harmless the
releasees and each of them, from any loss, liability, damage, or costs,
including reasonable attorney’s fees and expenses, they may incur
due to my participation in the Event, whether caused by the negligence
of any or all of the releasees, or otherwise.
4. It is my express intent that this Release 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 releasees.
In signing this release, I acknowledge and represent that:
A. I have read the foregoing release, understand it, and sign it voluntarily
as my own free act and deed.
B. No oral representation, statements, or inducements, apart from the
foregoing written agreement, have been made.
C. I am at least eighteen (18) years of age and fully competent; and
D. I execute this Release for full, adequate and complete consideration
fully intending to be bound by same.