FOR THOSE THAT ARE SIMPLY MAKING A DONATION YOU STILL MUST AGREE TO THE WAIVER IN ORDER TO PROCEED TO THE NEXT SCREEN.
DOGFISH DASH RELEASE AND WAIVER OF LEGAL LIABILITY This RELEASE AND WAIVER OF LIABILITY, is executed this 29th day of September, 2019 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 Individual’s participation relating to 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 Individual’s participation relating to 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 Individual’s participation relating to the Dogfish Dash. Individual understands that all activities, including but not limited to 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.
5) PHOTOGRAPHY/VIDEO RELEASE. Individual grants to Dogfish the right to use Individual’s name, image or likeness, and all pictures, photographs, reproductions, transparencies, motion pictures, and recordings, both video and sound, taken by or made by Dogfish in connection with Individual’s participation relating to the Dogfish Dash. Individual grants Dogfish full freedom to use the pictures, photographs, reproductions, transparencies, motion pictures, and recordings for all purposes for an unlimited period of time in all media. Such use shall be on a royalty-free, worldwide basis. Individual waives any right that Individual may have to monetary compensation, or to inspect or approve the finished product or the advertising or other uses made of the product. Individual also releases Dogfish from any and all liability that may or could arise from the taking and use of these images.
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.