Please read this form carefully.  By signing this Waiver, Release of All Claims and Hold Harmless Agreement, and participating in the described activities, you will be waiving and releasing all claims for injuries, damages arising out of all activities.  The terms “I,” “me,” and “my” also refer to parents or guardians as well as the contestant, pit crew member, or recipient of a pit pass entry, all such persons being also referred to as “Participant.”  As consideration for being allowed to participate in the Event at the Medina County Fair, Participant agrees to all statements and representations set forth in this agreement.

 

In consideration of being permitted to enter for any purpose any part of the property (herein “Property”) of the Medina County Agricultural Society commonly known as Medina County Fairgrounds (“Fair”) and/or in consideration of being permitted to compete, or participate in the Event, EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, children, parents, guardian, heirs, and next of kin, also collectively herein “Participant,” and acknowledges, agrees and represents that he/she has, or will immediately upon entering any part of such Property, and will continuously thereafter, inspect such Property and all portions which he/she enters and with which he/she comes in contact, and he/she warrants that his/her entry upon such Property and his/her participation in the Event constitutes an acknowledgment that he/she is inspected such Property area and that he/she finds and accepts the same as being safe and reasonable suited for the purposes of his/her use.  He/she further agrees and warrants that if he/she is in or about such Property and he/she feels anything to be unsafe, he/she will immediately advise the officials of the Fair such and will immediately leave the area.

 

In consideration of the foregoing, the Participant agrees as follows:

 

1. I acknowledge that there are certain risks of a physical injury as a Participant and I agree to assume the full risk of any injuries, including death, damages, or loss which I may sustain as a result of participation, in all activities  connected with, associated with or arising out of the Event which includes but is not limited to entry of the pit pass area, permission to participate as a pit crew member, participation as a contestant, being allowed in the pit area, and all other activities of the Fair or on the Property (collectively herein referred to as “Activities”).  I further recognize and acknowledge that the activities are hazardous Activities and involve substantial risks of injury.

 

2. I waive and relinquish all claims I may have as a result of participating in the Activities against the Fair and its officers, agents, shareholders, directors, representatives, employees, and all other person and entities, of whatever nature that might be directly or indirectly liable for any injuries that I might sustain while participating.  (The Fair parties described in the preceding sentence are referred to as “Released Parties” in the remainder of the Agreement).

 

3. I FULLY RELEASE AND DISCHARGE THE FAIR, and any and all other Released Parties, from all claims resulting from injuries, including death, damages and losses arising out of, connected with, or in any way associated with my conduct and any Activities.

 

4. I acknowledge the Activities are hazardous and dangerous and that by participating in the Activities I may be exposed to a substantial and serious risk of property damage, personal injury or death.

 

5. I agree that I will not file or prosecute any cause of action, lawsuit, or any other proceeding against the Fair and any and all other Released Parties, arising out of, related to, or concerning, any claims or demands that are waived, released or discharged by the Participant in this agreement or in any other actions, causes of action, claims or demands, that may be related in any way to the Activities and any other terms of this agreement.

 

6. I AGREE TO INDEMNIFY AND HOLD HARMESS the Released Parties from any loss, liability, damage, or cost they may incur due to the presence of the Participant in or upon the area or Property or participating in the Event whether caused by the negligence of the Released Parties or otherwise.

 

7. I ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of Released Parties or otherwise while in or upon the Property owned by the Fair and/or while participating in the Event.

 

8. I further understand and agree that the terms such as “participation,” “participating,” “activities,” referred to in this agreement, include all actions and physical movements of Event while I am involved with the Event and for which I may be required to pay a fee.

 

9. I agree that this Waiver, Release and Hold Harmless Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Ohio.  If any portion is held invalid, the balance shall continue in full legal force and effect.

 

10. This Agreement shall be binding upon and inure to the Participant, and the heirs, legal representatives, children, parents, guardians, successors and assigns of the Participant and the individual signing this form.

 

11. I represent that I have full power, authority, capacity and right to execute, deliver and perform according to the terms of this agreement.

 

I have carefully read this Agreement and I fully understand the nature of this Agreement and have read and fully understood this Waiver, Release and Hold Harmless Agreement.  I know the contents and sign below as my own free act.