Liability

In consideration for being permitted to attend the annual North Texas Homecoming Dance (the “Event”), which will include without limitation, me voluntarily attending the Event itself and other activities relating to the Event and engagements in/around the Frontiers of Flight Museum (the “Venue) and other valuable consideration, the receipt and adequacy of which is acknowledged, by purchasing a ticket and registering or bringing a printed registration form and  purchasing a ticket with cash at the Event and presentation either of a valid QR code or a valid registration form and cash at the Event for entrance, I irrevocably accept and agreement to be bound by, these terms and conditions and voluntarily enter into this Liability Waiver and Release; Assumption of Risk and Indemnity Agreement (this “Release”) individually and on behalf of all persons attending with me under the tickets purchased hereby (all references to “me” or “I” hereunder will be interpreted to mean me and all persons attending with me via my ticket purchase(s). I HAVE VOLUNTARILY AGREED TO ATTEND THE 2021 NORTH TEXAS HOMESCHOOL HOMECOMING DANCE EVENT. I understand and expressly acknowledge that attendance to the event is potentially precarious due to, among other things, risk of spreading or acquiring Covid-19 or similar infectious disease and other unanticipated and unexpected concerns may arise from my attendance at the Event. I hereby assume all risk of loss, damage and/or injury (including death) to my person and/or property associated with my attendance at the Event, whether caused by the negligent acts or omissions of North Texas Homecoming, the venue, Frontiers of Flight Museum, and any of its subsidiary or affiliate companies and officers, directors, shareholders, employees, independent contractors, volunteers, agents or representatives. (Collectively, “Released Parties.)

I recognize the novel coronavirus, Covid-19, has been declared a worldwide pandemic by the World Health Organization and that an inherent risk of exposure to Covid-19 (or other or related or varied similar infections disease) (Collective, “Covid”) exists in any public place where people are present. I recognize that Covid is extremely contagious, and can lead to severe illness and/or death, and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and health agencies recommend or mandate wearing face masks, social distancing, and hand washing.

I acknowledge the Venue has put into place preventative measures to reduce the spread of Covid at the Event and that I must follow all posted instructions at the Venue and their website, all information on the North Texas Homecoming website, and I must follow other verbal or written instructions while in attendance (including, but not limited to facial covering, while inside the Venue, and social distancing guidelines, where applicable.) However, the Released Parties cannot guarantee that I will not become infected with Covid. By attending the Event, I voluntarily assume all risks related to exposure to Covid. By purchase or possession of a ticket to the Event, I acknowledge the nature of Covid and voluntarily assume the risk that I may become infected or exposed to Covid by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I understand said risks may result from the actions, omissions, or negligence of myself or others, including, but not limited to performers, Venue employees, Event volunteers, patrons of the Venue, all who enter into the Frontiers of Flight Museum for this Event. I agree not to enter or come near the Venue should I feel sick or ill in any way.

 

I fully and forever waive any and all claims, suits, actions, causes of action, liabilities, losses and demands (“Claims”) against the Released Parties, and fully and forever release, discharge and covenant not to sue, the Released Parties from any and all claims and any and all liability or responsibility for any loss, injury, illness, and/or any other damage (including death), of which I may sustain in any manner arising from or related to the Event, including without limitation, any claims arising from or related to the negligent acts or omissions of the Released Parties or other Event participants or attendees. 

I hereby agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, including attorneys’ fees and costs, and other expenses of every nature and character arising out of or related to my attendance at the Event, including, without limitation, any claim by my successors-in-interest, heirs, executors, administrators, and assigns. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Released Parties, whether a Covid infection occurs before, during or after the Event.

 

I understand this Release is intended to be as broad and inclusive as is permitted by the laws of the State of Texas, where this Event is being conducted and that if any provision, or part hereof, is judicially declared invalid, void or unenforceable, each and every other provision, or part thereof, nevertheless will continue in full force and effect, and the unenforceable provision will be changed or interpreted so as best to accomplish the objectives and intent of such provision within the limits of applicable law. The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Release. 

By voluntarily attending the Event, I understand that I give up rights by agreeing to this release and agree to it freely and voluntarily without inducement, assurance, or guarantee being made to me and intend my assent by purchase or possession of a ticket to the Event to be a complete and unconditional release of all liability to the greatest extent allowed by law.