Holder voluntarily assumes all risks, hazards and dangers incident to the Event and related events, including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses or the causes thereof, sickness, or lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused and whether or not and including if Management was negligent or otherwise at fault, and hereby waives, and agrees not to sue Management for, any and all claims and potential claims relating to such risks, hazards and dangers. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and those with underlying medical conditions are especially vulnerable.
By entering the Ashley for the Arts Festival and park grounds, holder voluntarily assumes all risks related to exposure to COVID-19.
On behalf of Holder and Holder’s Related Persons (defined below), Holder releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that Holder or any of Holder’s Related Persons may have (or hereafter accrue), against any of the Released Parties, that relate to any of the risks, hazards and dangers described above, including without limitation any and all claims that arise out of or relate in any way to (i) Holder’s exposure to COVID-19; (ii) Holder’s entry into, or presence within or around, the Event (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Event; or (iii) any interaction between Holder and any personnel of any of the Released Parties present at the Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
- “Related Persons” means Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder’s or their behalf.
- “Released Parties” means: (i) Ashley for the Arts, Ltd., Ashley Furniture Industries, LLC, Ashley HomeStores, Ltd., City of Arcadia, School District of Arcadia, Memorial Park and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and all employees of such contractors) and other personnel; (ii) the direct and indirect owners, lessees and sublessees of park grounds (including, without limitation, parking areas and entry gates) (iii) all third parties performing services at the festival grounds; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, subcontractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.
Fan Health Promise
Stay-at-home: Holder agrees that neither Holder, nor anyone in Holder’s party, will attend any Event if any one or more of the following is true on the day of such Event:
- Within the prior 5 days, Holder has (or any person in Holder’s party or with whom Holder has close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19
- Within the prior 48 hours, Holder has (or any person in Holder’s party or with whom Holder has contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4*F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC)
- Within the prior 5 days, Holder has (or any person in Holder’s party or with whom Holder has close contact has) travelled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.