COVID-19 TERMS, AGREEMENT. ASSUMPTION OF RISK & WAIVER FRASER'S RIDGE HOMECOMING 2022
WHEN PURCHASING A TICKET TO FRASER’S RIDGE HOMECOMING 2022, YOU WILL BE ASKED TO AGREE TO THE FOLLOWING STATEMENT:
Outlander North Carolina LLC (ONC) & Fraser’s Ridge Homecoming (FRH) may be required to put in place enhanced health and safety measures—for you, other attendees, instructors, cast members, entertainers, exhibitors, and staff. You will be expected to follow all posted instructions, if any, while visiting FRH events and activities. 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.
If necessary, the following restrictions may be put in place:
You may be asked to wear a mask.
You may be asked to show a negative COVID test taken within 72 hours or less of arrival.
You may be asked to check your temperature each day.
You may be asked to show proof of having had COVID (Doctor’s note, antibody test or positive COVID test).
You may be asked for proof of vaccination.
You may be asked to comply with alternative seating arrangements.
If you’re not feeling well, you may be asked to abstain from attending workshops, activities, meals, etc.
At the request of a cast member, any one or more of the following may potentially take place:
Photo and autograph sessions may need to be eliminated;
Photo and autograph sessions may need to be restricted to vaccinated attendees only;
Photo and autograph sessions and any other appearance by the cast members may need to be “contactless” – meaning no physical contact with the cast member.
Social distancing (6 feet or more) may need to be abided by and a mask may need to be worn whenever in a cast member’s presence.
Any other restriction the cast member requests.
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I acknowledge that participation in FRH events and activities brings some risk and I do hereby assume responsibility for my own well-being. I will follow all guidance issued by ONC, FRH, the State of North Carolina, the Wilkes County Health Department and Leatherwood Mountains Resort and all posted instructions, if any, while visiting FRH events and activities. I understand, agree and hereby consent that my failure or disregard to follow all protocols in effect and required by ONC, FRH, the venue provider and governing authorities during my attendance at FRH is hereby sufficient grounds to be excluded from attending FRH or an event authority, and I hereby consent in advance to leave and exit the event, without protest or refund, upon request by ONC & FRH due to my refusal to follow said protocols.
ASSUMPTION OF RISK
I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself in order to attend FRH. The event is of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to attend in person.
WAIVER, RELEASE & INDEMNIFICATION
As a condition of my participation in FRH, I, do hereby expressly waive any rights against and release and hold harmless ONC and any of its officers, employees, affiliates, contractors, agents, heirs, legal successors, and assigns (collectively “ONC”) from and against any and all claims, suits, demands, losses, damages, expenses, or liability of whatever kind or nature (collectively “liability”), under any theory of law or equity, that may arise during or as a result of my presence at the premises, including but not limited to any such liability related to or arising out of illness, injury, or death associated with infection of COVID-19 or complications, symptoms, or other effects resulting from contracting COVID-19. I shall defend, indemnify, and hold harmless, ONC & FRH and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities.
I UNDERSTAND, AND IT IS MY EXPRESS INTENT, THAT THIS RELEASE AND WAIVER OF LIABILITY RELEASES ONC & FRH FROM SUCH LIABILITY EVEN IF SUCH LIABILITY RESULTS FROM OR IS CAUSED BY THE SOLE OR CONTRIBUTORY OR ACTIVE OR PASSIVE NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL FAULT OF ONC OR ANY THIRD PARTY. I ALSO UNDERSTAND AND AGREE THAT ONC DOES NOT ASSUME ANY RESPONSIBILITY OR OBLIGATION TO PROVIDE FINANCIAL OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY ASSISTANCE IN THE EVENT OF ILLNESS. IN THE EVENT THAT I OR MY FAMILY MEMBER BECOMES ILL OR SUFFERS COMPLICATIONS DUE TO COVID-19, ALLEGEDLY AS A RESULT OF MY PARTICIPATION IN A ONC EVENT, I AGREE TO RELEASE AND HOLD HARMLESS ONC IN THE SAME MANNER AND TO THE SAME EXTENT AS SET FORTH ABOVE.
FRH TICKET TRANSFER POLICY IN RELATION TO COVID
If another individual participates in my place per FRH transfer policy, the new registrant must agree to this disclaimer and waiver by default of transfer in writing.
CHOICE OF LAW & VENUE
I understand and agree that the law of the State of North Carolina will apply to this waiver and the venue for any legal action would be in Edgecombe County, North Carolina.
BY COMPLETING AND SUBMITTING THIS FORM, I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE. AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.