DOGFISH DASH RELEASE
AND WAIVER OF LEGAL LIABILITY
This RELEASE AND
WAIVER OF LIABILITY, is executed this 30th day of September, 2018 by
myself, my heirs, successors, and assigns (Individual) in
favor of Dogfish Head Craft Brewery, a Delaware corporation, its board of
directors, members, employees, volunteers, agents, independent contractors,
other participants and/or others acting on its behalf (collectively, Dogfish").
Individual desires
to engage in the Dogfish Dash activities on Dogfish premises, including but not
limited to running or walking. Individual understands that these activities may
cause injury. Individual hereby freely, voluntarily and without duress executes
this Release under the following terms:
1) GENERAL RELEASE,
INDEMNIFICATION AND HOLD HARMLESS: Individual hereby releases and forever
discharges Dogfish from any and all liability, claims and demands of whatever
kind or nature, either in law or in equity which arise or may hereafter arise
from Individuals participation in the Dogfish Dash. Individual understands that
this Release discharges Dogfish from any liability or claim that Individual may
have against Dogfish with respect to any bodily injury, personal injury,
illness, death or property damage that may result from Individuals particular
in the Dogfish Dash, whether caused by the negligence of Dogfish or its
officers, directors, employees or agents and/or others acting on its behalf as set
out in this writing. Individual also understands that Dogfish does not assume
any responsibility for or obligation to provide financial assistance or other
assistance, including but not limited to medical, health or disability
insurance in the event of injury or illness. Individual agrees that this
Release is effective immediately and that this release is complete and forever.
Individual expressly understands and agrees that the foregoing indemnity,
release and waiver is intended to be as broad and inclusive as permitted by the
law of the State of Delaware and that if any portion thereof is held invalid,
it is agreed that the balance shall, notwithstanding, continue in full force
and effect.
2) ASSUMPTION OF
RISK: Individual expressly and specifically assumes any and all risk of injury,
death or property damage resulting from Individuals participation in the
Dogfish Dash. Individual understands that the sporting activities, including
running, may be strenuous and dangerous and that it is impossible to predict
everything that may occur. Individual understands that the activity should be
engaged in only by persons in good health. Individual understands that s/he
should consult a physician before enrolling the Dogfish Dash or other
activities on Dogfish premises. Individual understands that by signing below,
s/he is stating that s/he understands the risks involved and accepts all risks
associated with the Dogfish Dash activity on Dogfish premises.
3) MEDICAL RELEASE:
Individual hereby releases Dogfish from any claim whatsoever which may arise as
a result of any first aid, treatment, or services or assistance provided to me
or my minor child in connection with any injury that arises while on Dogfish property.
4) MEDICAL
INSURANCE. Individual understands that s/he IS EXPECTED TO HAVE HIS/HER OWN
HEALTH INSURANCE. Individual understands that Dogfish does not carry insurance
to cover injuries, illness, and losses of individuals engaging in activities on
its premises. Individual understands that s/he is not relying upon Dogfish to
maintain insurance coverage if s/he is injured.
I HAVE READ THE
ABOVE WARNING, WAIVER, AND RELEASE AND UNDERSTAND THAT I GIVE UP SUBSTANTIAL
RIGHTS BY SIGNING IT, AND KNOWING THIS, SIGN IT VOLUNTARILY. I AGREE TO
PARTICIPATE IN THE DOGFISH DASH KNOWING THE RISKS AND CONDITIONS INVOLVED AND
DO SO ENTIRELY OF MY OWN FREE WILL. I AFFIRM THAT I AM AT LEAST 18 YEARS OF
AGE.
