RELEASE & WAIVER OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY BEFORE PURCHASING TICKETS AS BY PURCHASING TICKETS YOU AGREE TO THE TERMS OF THIS RELEASE & WAIVER OF LIABILITY RELEASE AGREEMENT (THIS "AGREEMENT"). THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.
IN CONSIDERATION of being permitted to enter, remain and ride wagons at Winterhaven Festival of Lights and Winterhaven Rides, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the "Venue") and in addition to the corresponding entry ticket(s), each a revocable license that grants one-time entry into the Venue for the specified event (the "Event") and my agreement to be bound to the ticket terms, I, on behalf of myself and my 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 (collectively, "Related Persons"), hereby acknowledge and agree to the terms below. The person seeking entry pursuant to the entry ticket(s) issued on a per transaction basis, and any accompanying minors ("Holder"), agrees to be bound by the terms and conditions of this Agreement. THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO THE ENTRY TICKET TERMS AND CONDITIONS.
1. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. Holder fully understands that:
(a) the novel coronavirus SARS- CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, "COVID-19" ) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present;
(b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the Venue (collectively, the "Venue Protocols") by local, state and federal governmental agencies, can eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Holder's spouse, family members, and other persons in proximity to Holder; and
(d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
2. ASSUMPTION OF RISKS, HAZARDS AND DANGERS. HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTAIRLY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, ANY OF THE RELEASED PARTEIS (AS DEFINED BELOW), OR OTHER THIRD PARTIES, WHETHER OCCURING BEFORE, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT THE EVENT. HOLDER HEREBY ASSUMES, ON BEHALF OF ITSELF AND RELATED PERSONS, ALL RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
3. RELEASE, WAIVER & COVENANT NOT TO SUE.
(a) HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT A HOLDER OR ANY OF HOLDER'S RELEAED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 2, 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 RELEATED PERSON'S OR RELATED PERSONS' EXPOSURE TO COVID-19, (III) HOLDER'S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE VENUE AND/OR COMPLIANCE WITH THE VENUE POLICIES, PROCEDURES AND PROTOCOLS; (IV) ANY INTERACTION BETWEEN HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE VENUE (INCLUDING, WITHOUT LIMITATION, ACCESS MANAGEMENT PERSONNEL, USHERS, TICKET-TAKERS, SECURITY, HEALTH, SAFETY AND MEDICAL PERSONNEL, OR CLEANING, CONCESSION, OR PARKING PERSONNEL); OR (V) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 AND OTHER RISKS) (COLLECTIVELY, THE "CLAIMS"), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
4. GOVERNING LAW. Holder hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of Arizona, without regard to choice or conflict of law provisions.
5. SEVERABILITY. Holder hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
By purchasing a ticket and/or riding the Winterhaven Rides, you agree to Ride AT YOUR OWN RISK and you assume all liabilities incidental to the events BEFORE, DURING AND AFTER the tour. Specifically, you hereby RELEASE/WAIVE the Winterhaven Rides and ALL affiliates of medical, legal, financial and personal injury/property loss/damage liabilities! Additionally, by purchasing a ticket you acknowledge that you have been informed and agree to be seated next to other riders. No refunds given out for any reason without adequate cancellation notice. For parties of 9 people or less it is 10 days notice to cancel. For parties of 10 people or more it is 2 weeks notice for cancel. If you are a private wagon it is 3 weeks notice to cancel. If you are a same day reservation, you will be given a time to cancel by that same day. All cancellations accrue a $10 service fee. No Rain Checks. In the event of rain we can reschedule your ride if we have availability. We do cover all wagons in the event of rain. Dress for the weather! If you show up at our site without all your people, you are still responsible for full payment of these missing people so plan carefully. You may not sell your missing seats from our lot. If we see you do this you will forfeit your seats and payment for the ride in full. Cancellations due to illness apply to the same cancellation rules and refunds as stated above. All cancellations will accrue a $10 filing fee.
COVID CONCERNS: Please be aware that by reserving/riding with us you acknowledge that you have been informed and agree to be seated next to other riders. If this makes you uncomfortable, we suggest you consider booking a private wagon. We ask all riders and staff to follow Arizona Guidelines with regards to facemasks. For cancellation of the entire event due to COVID restrictions, refund status would be determined out based on the situation.