1. I agree that my guests and I are personally responsible for our safety and actions while attending events or activities hosted by the Dunedin Music Society, Inc. (DMS). I agree that my guests and I will comply with all DMS policies and rules, as well as the venue’s policies and rules, including but not limited to all DMS policies, guidelines, signage, and instructions. Because the DMS opens events to other individuals, I recognize that my guests and I are at higher risk of contracting COVID-19, and knowingly assume all risks of contracting COVID-19. With full awareness and appreciation of the risks involved, my guests and I, for ourselves and on behalf of our families, spouses, estates, heirs, executors, administrators, assigns, successors, trustees, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Dunedin Music Society, Inc., its board members, officers, agents, servants, volunteers, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, the venue, and any third-party participating in or hosting any DMS activity and/ or while using any DMS facilities, tools, equipment, or materials.
2. I and my guests agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties, either in law or equity, due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of DMS facilities, tools, equipment, or materials, or facilities, tools, equipment, or materials engaged by the DMS, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. I acknowledge and represent that I have read this Waiver of Liability, understand it and agree to it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating in DMS events to decide whether to agree to this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with the State of Florida law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. BY ATTENDING AND/ OR PARTICIPATING IN DMS ACTIVITIES, YOU AND YOUR GUESTS ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BYLAW.
Agreement to this waiver must be made at the time of registering event participation.
DMS0008 - Updated 9/9/2020