In consideration of being allowed to enter and participate in the activities at Christmas at the Park (the “Event”) at Joe Mack Campbell Park in the City of Jonesboro, Arkansas (the “Park Facilities”), the undersigned, on his or her behalf, and on the behalf of the minor participant(s) identified below, acknowledges and agrees to the following conditions in this Assumption of Risk, Waiver & Release of Liability (the “Agreement”):
I hereby assume all the risks of participating in activities associated with the Event, including by way of example and not limitation, the following:
1) Risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned and used for Event displays, maintained, or controlled by them, or because of their possible liability without fault.
2) Injuries sustained from objects that are either natural or man-made, including Event displays, or from misjudging trails or other terrain that induces slipping, falling, colliding or otherwise.
3) Physical and monetary injuries sustained due to my own personal negligence or the negligence of others, crowds, altercations with other patrons, or similar occurrences.
4) Property damage sustained due to my own personal negligence or the negligence of others. I understand that the description of these risks is in no way complete and that all such dangers, both anticipated and unanticipated, can lead to illness, injury, permanent disability, and death.
In order to participate in the Event, I acknowledge and agree:
1) To WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from the Event, the following entities and persons: Ground Crew, L.L.C. and Christmas Attractions, LLC, and their members, managers, officers, employees, representatives, and agents, and the Event sponsors, and volunteers.
2) That Ground Crew, L.L.C. and Christmas Attractions, LLC, and their members, managers, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
3) To abide by all Park Facility rules and posted safety and security signs at the Park Facilities.
4) That while participating in the Event, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any purpose by the Event sponsors, organizers, and assigns.
5) That this Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under Arkansas law.
I HAVE READ THIS ASSUMPTION, WAIVER & RELEASE OF LIABILITY, AND NOT ONLY DO I FULLY UNDERSTAND ITS TERMS BUT I UNDERSTAND THAT I HEREBY RELEASE ALL LIABILITY AND THEREIN RELINQUISH LEGAL RIGHTS BY SIGNING IT. I ALSO SIGN IT FREELY AND VOLUNTARILY UNDER MY OWN FREE WILL WITHOUT ANY INDUCEMENT, COERCION OR OTHERWISE.
