CF Parade Waiver

PARK CITIES 4^th OF JULY PARADE with HP CULTUREFEST

LIABILITY WAIVER AND RELEASE

In consideration of being granted permission to participate in the Park Cities 4^th of July Parade activities with HP CultureFest (“Parade”) as a volunteer, guest or otherwise and/or to engage in the use of the property, facilities and/or services of the Rotary Club of Dallas, The Town of Highland Park and the City of University Park (“Host”), I, on behalf of myself and on behalf of the minor child(ren) named below, agree and state as follows:

1.    ASSUMPTION OF THE RISKS AND RELEASE. I am aware of and understand the inherent risks, hazards and dangers associated with parade participation (which are printed below and incorporated herein as though appearing above the signature of the undersigned) and, notwithstanding that the actual conditions at the Parade may pose more or less risks, hazards and dangers than those so enumerated, the undersigned nevertheless elects, voluntarily, to enter and/or participate in the Parade on the terms, conditions, and covenants set forth herein. In this regard, I, for myself and for my heirs, successors, assignees, personal  representatives, and next of kin, hereby forever release, waive, discharge, covenant not to sue and agree to hold harmless HP CultureFest, as well as its officers, agents, sponsors, and volunteers, from all liability for any and all causes and claims of every type and nature whatsoever in law or equity, including but not limited to negligence, property damage, injury to person and/or death, or otherwise, without limitation, arising out of or alleged to be arising out of or resulting from, in whole or in party, the Parade, the pre-Parade formation, staging, placement, post-Parade activities, and any other Parade event sanctioned by HP CultureFest and/or Host.

2.    CODE OF CONDUCT; PARADE POLICIES/RULES; STAFF INSTRUCTIONS. I agree to observe/obey and abide by the Code of Conduct set forth below, as well as any and all other policies, rules, directions, and/or warnings, including those posted and/or displayed by the Host and those issued verbally/orally by HP CultureFest staff members, volunteers, representatives and/or agents.

CODE OF CONDUCT:

1.  I understand that HP CultureFest is non-political and non-religious.  I agree not to engage during, at, or around the Parade in any communication, messaging, demonstration, and/or activity of an overtly political and/or religious nature, (e.g., protests, propaganda, sociopolitical advocacy, etc.) including but not limited to any potentially controversial, incendiary, and/or confrontational communication and/or activity.
2.  I will not bring or use alcohol, tobacco, vaping instruments and/or any other potentially addictive, habit-forming, intoxicating, and/or banned/illegal substances or weapons of any kind (guns, knives, etc.) at or near the Parade.
3. I understand that a fundamental goal of HP CultureFest is to promote cross-cultural education, understanding, appreciation, and harmony, and I will do my best to support this goal and to maintain a friendly and peaceful atmosphere at the Parade.
4. Should I become aware of any conduct/behavior and/or content/display issue that could or should be addressed and/or resolved during the Parade, I agree to notify an HP CultureFest staff member, volunteer, representative and/or agent.
5. I understand that HP CultureFest is family-friendly, and I will behave accordingly in an appropriate manner, not horse-playing around, and to follow the rules set forth by the Host, including no water balloons, no exiting the vehicle once parade has started, follow public safely laws, underhand toss instead of throwing items directly at the crowd, etc.

3.    ACKNOWLEDGEMENT OF HEALTH STATUS, RISKS, HAZARDS, AND DANGERS ASSOCIATED WITH PARADE PARTICIPATION. I hereby promise that the state of my physical health will, on the day of the Parade, be sufficiently sound to safely participate. I understand that I am responsible for monitoring my own condition throughout the Parade to ensure that I am sufficiently sound to continue to safely participate in the Parade. Parades involve inherent risks, hazards, and conditions that may be dangerous to life, limb, and property and that can arise in an incalculable variety of unforeseeable or foreseeable ways which may include (as examples, but not necessarily as a complete list) the following: the presence and use of horses and other animals, motor vehicles, machinery, firearms, floats, fireworks, acrobats, projectiles, aerial demonstration, baton twirling, wind, hail, and other forces of the elements, and other threats to life and limb, such as the possibility of slipping and falling and complications associated with weather conditions and physical exertion (such as heat stroke, fainting, collapse, exhaustion, or other more serious complications).

4.    INDEMNIFICATION. I agree to indemnify and defend HP CultureFest against any/all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my participation in the Parade.

5.    FEES. I agree to pay the reasonable cost of repair for any/all damages to the facilities and/or property of HP CultureFest and/or the Host caused by any of my negligent, reckless, or willful act(s).

6.    MEDICAL AUTHORIZATION. In the event of any injury sustained by me during the above-described Parade participation and/or activities, I give my permission to HP CultureFest, the Host, and/or to any HP CultureFest or Host employees, staff members, volunteers, representatives and/or agents to attempt to contact the below named Emergency Contact and to arrange for all necessary medical treatment for which I shall remain financially responsible.

7. PHOTO/VIDEO RELEASE. I consent and authorize HP CultureFest to photograph and/or video-record me during my participation in the Parade and/or during my participation in any activities related thereto. I grant HP CultureFest the right to use my photo, video, image, and/or likeness for any lawful commercial purposes, including but not limited to advertising, promotion, marketing, or trade, in any format or publication, whether print or web-based. This consent includes the right to copy, edit, enhance, crop, or otherwise modify the Photos/Videos as needed. I also waive any right to inspect or approve any final product or publication featuring the Photos/Videos. I understand and agree that all Photos/Videos, including any derivative works, are the exclusive property of HP CultureFest, and that I do not retain any ownership or intellectual property rights to the Photos/Videos. I acknowledge that I am not entitled to any compensation, royalties, residuals, or any other form of payment in connection with the Photos/Videos. I agree to release and discharge HP CultureFest, its affiliates, successors, assigns, officers, employees, representatives, partners, agents, and anyone claiming through them, in their individual and/or corporate capacities, from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature or kind, known or unknown, which I, or anyone claiming on behalf of me, may have or claim to have against HP CultureFest in connection with the use of the Photos/Videos.

8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.

9. GOVERNING LAW. This agreement shall be governed by the laws of the State of Texas, and any disputes arising from this agreement shall be resolved in the courts of the State of Texas.

10. SEVERABILITY. If any provision of this Release is found to be invalid or unenforceable, the remaining provision shall continue in full force and effect.

11. VEHICLE OPERATION. If I am the driver of a motorized vehicle or float, I promise that I have a valid driver’s license and have sufficient insurance on the vehicle or float.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.