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Fall Decorating Contest
Trunk or Treat Vendor Registration
Fall Decorating Contest
Trunk or Treat Vendor Registration
WAIVER AND RELEASE OF LIABILITY
This waiver and release of liability (this "release") is entered into as of this 4th day of July 2023 (the "effective date") by and between Hamilton Township, Warren County, Ohio, with an address of 7780 South State Route 48, Hamilton Township, Ohio
45039 (the “Township”) and the undersigned individual (the “Undersigned”) who desires to provide certain services (the “Services”) for the Township as an independent contractor on a paid basis or an independent volunteer on an unpaid basis in order
to facilitate activities occurring on public park property owned by the Township (the “Property”) (if the Undersigned is under the age of 18 years old, the Undersigned’s parent/legal guardian shall sign below, which signature shall evidence the
parent/legal guardian’s understanding and agreement to the terms and conditions set forth herein on behalf of the Undersigned and the parent/legal guardian).
Assumption of Risk
The Undersigned acknowledges and agrees that performance of the Services may pose certain inherent risks, dangers and hazards which may arise from foreseeable and unforeseeable causes, and which cannot be fully eliminated. The Undersigned understands
and agrees that the Township shall have no duty to inspect, repair or maintain the Property for the purposes of the Services or any activities on the Property. The Undersigned acknowledges that the Township has not made, does not make,
and specifically negates and disclaims any representations, warranties, promises, agreements or guaranties of any kind or character whatsoever, whether express or implied; oral or written; past, present or future; or arising by operation of law with
respect to the suitability or safety of the Property for the Services. The Undersigned freely and voluntarily agrees to assume all risks, dangers and hazards, and all liability for any and all loss, injury and/or damage sustained by an individual
arising out of, or in any way related to, the Services.
Waiver; Release; Indemnification
The Undersigned hereby agrees to indemnify, defend and hold harmless the Township and all of its officers, representatives, agents, employees, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, actions,
losses, damages, fines, penalties, liability and expense (including reasonable attorneys’ fees) in connection with damage to real or personal property, loss of life and/or personal injury arising out of, or in any way related to, the
Services or any activities occurring on the Property. The Undersigned hereby knowingly and voluntarily waives any and all claims against the Released Parties for any damage to real or personal property, loss of life and/or personal injury arising out
of, or in any way related to, the Services or any activities occurring on the Property. The Undersigned understands and agrees that the waiver, release and indemnification set forth herein expressly extends and applies to any claims, actions, losses,
damages, fines penalties, liability and expense (including reasonable attorneys’ fees) arising out of or in any way related to medical services and first-aid treatment any individual may receive in connection with an emergency arising on the Property
COVID-19 Coronavirus Acknowledgement
The COVID-19 coronavirus is an extremely contagious virus that spreads easily through contact with infected persons and objects. The Undersigned understands and acknowledges that the risk of exposure to and infection with COVID-19 cannot be fully
eliminated and the Township cannot guarantee and in no way warrants that COVID-19 exposure or infection will not occur if individuals congregate at or otherwise use the Property (inclusive of any buildings and structures thereon). The Undersigned
freely and voluntarily agrees to assume all risks of exposure to and infection with COVID-19 arising out of or in any way related to the Undersigned’s performance of the Services. The Undersigned further understands and acknowledges that it is the U
Undersigned’s responsibility to ensure he/she is free of COVID-19 symptoms and infection while on the Property. The Undersigned expressly understands and agrees that his/her duty to indemnify, defend and hold harmless the Released
Parties, as set forth in Section 2 herein, extends to claims, actions, losses, damages, fines, penalties, liability and expense (including reasonable attorneys’ fees) arising out of or in any way related to damage, injury and/or loss of life any
individual may incur or experience due to exposure to or infection with the COVID-19 coronavirus as a result of or in relation to the Services or any activities occurring on the Property.
The Undersigned hereby grants and conveys to the Township all rights, title and interest in any and all photographs, images, video and audio recordings of the Undersigned, his/her likeness or voice which is taken by the Township in connection with
the Undersigned’s performance of the Services or the activities facilitated by the Services on the Property.
Relationship of the Parties
The parties hereto understand and agree that the Undersigned is performing the Services as an independent contractor on a paid basis or an independent volunteer on an unpaid basis. Nothing herein shall be construed as creating an employment
relationship between the parties or entitling the Undersigned to any employment benefits from the Township.
This Release shall be governed by and construed in accordance with the laws of the State of Ohio. All actions or proceedings with respect to this Release shall be instituted in a state court of competent jurisdiction located in Warren County, Ohio.
This Release constitutes the entire agreement and understanding between the parties hereto, and supersedes any prior representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever,
whether express or implied, oral or written, between the parties. Any provision of this Release later held by a court of competent jurisdiction to be unenforceable for any reason shall be deemed severed and void, and all remaining provisions shall
continue in full force and effect.
By electronically signing this document you are agreeing to all terms and conditions