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Disclaimer
I, the undersigned, being over the age of 18, have voluntarily chosen to access, use and/or participate at or on the properties and facilities located at Addison Circle Park for the Town of Addison, Texas (“Town”) Oktoberfest, for promotion purposes, included but not limited to volunteering, at Oktoberfest (“Oktoberfest”) on September 18-21, 2025. I fully understand that my access, use of, participation and/or activity in Oktoberfest may result in serious injury, illness and/or death to my person and/or damage to my property and may include sobering, unexpected and/or rigorous role playing, and that I may be asked to leave Oktoberfest at any time by a representative of the Town. Although I appreciate these risks, I desire to access, use, and/or participate in Oktoberfest without regard to the consequences. I assume full and complete responsibility for any injury, accident, incident and/or activity that may occur to me or my property, as applicable, in my access, use of, participation and/or activity in Oktoberfest at the.
IN CONSIDERATION FOR MY ABILITY TO ACCESS, USE, AND/OR VOLUNTEER AT OKTOBERFEST, I HEREBY AGREE TO RELEASE, ACQUIT, HOLD HARMLESS, FOREVER DISCHARGE AND WAIVE ANY AND ALL CLAIMS THAT I MAY, NOW OR LATER, HAVE AGAINST THE TOWN AND ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, MEMBERS, HEIRS, LEGATEES, ADMINISTRATORS, EXECUTORS AND ASSIGNS, IN WHOLE OR IN PART, IN BOTH THEIR PRIVATE AND PUBLIC CAPACITIES, (HEREINAFTER COLLECTIVELY REFERRED TO AS “RELEASEES”). THIS SHALL INCLUDE THE RELEASE OF ANY AND ALL ACTIONS, CAUSES OF ACTIONS, CLAIMS, DEMANDS, DAMAGES, LAWSUITS, COSTS, LOSS OF SERVICES, EXPENSES AND COMPENSATION, WHETHER KNOWN OR UNKNOWN, ON ACCOUNT OF, OR IN ANYWAY ARISING OUT OF OR CONNECTED IN ANY MANNER WITH MY ACCESS, USE OF, PARTICIPATION AND/OR ACTIVITY AT OR ON THE OKTOBERFEST, INCLUDING, BUT NOT LIMITED TO, LIABILITY, DAMAGES, INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LEGAL FEES AND/OR COSTS CAUSED BY OR RELATED TO ANY NEGLIGENT OR INTENTIONAL ACT OF ANY RELEASEE.
I declare and represent that in making this release:
(1) I rely wholly upon my own judgment, belief and knowledge of the nature of my decision to access, use and/or volunteer at Oktoberfest; and
(2) I have not been influenced to any extent whatsoever in making this release by any representations or statements made by any of the Releasees; and
(3) I recognize and acknowledge that the Releasees, individually and/or collectively, make no warranties, express or implied, in Oktoberfest; and
(4) I recognize and agree that while accessing, using and/or volunteering at Oktoberfest, I will not be an agent, servant or employee of the Releasees, and I will not be covered by the Releasees for any benefits, including, but not limited to, workers compensation and/or death and/or disability benefits.
It is my express intention in signing this release to bind myself, my executors, my administrators, my heirs, my legatees and my assigns. This release is for the benefit of the Releasees and all others who may be liable to me for any damage, harm and/or injury to me (including death) or property arising out of my access, use of, participation and/or activity at Oktoberfest.
I further understand, acknowledge, and agree that the Town and all other Releasees are and will not be responsible or liable for any medical costs or expenses of any kind whatsoever associated with or related to any injury or damage that I may sustain or suffer in connection with or related to my participation in Oktoberfest. I also understand that I should, and am urged by the Town, to obtain adequate health, medical, and accident insurance to cover any injury or harm to me that I may sustain during or in connection with Oktoberfest.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE A CLAIM against the Town and the other Releasees for any loss, damage or injury (including, without limitation, death) which may arise or which I may incur during my participation in and attendance at Oktoberfest. The provisions of this Release are severable, and if any provision hereof is held to be illegal, invalid or unenforceable under present or future constitution or laws, such provision shall be fully severable and this Release shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof shall remain in full force and effect. This Release shall be construed according to the laws of the State of Texas (without reference to its conflict of laws provisions), and exclusive venue for any action under this Release lies in Dallas County, Texas.
It is further agreed that the execution of this release and acceptance of the same shall not constitute a waiver by the Town and their respective Council Members, officers, agents, representatives, employees, members, heirs, legatees, administrators, executors and assigns, in either their private or public capacity, of its/their governmental immunity and/or any other defense it may have at law and/or equity, whether state and/or federal. Acceptance of this release by the Town is not to be construed as an admission of any liability whatsoever by any or all of the Releasees.
I, the undersigned, have carefully read the foregoing and know and understand the contents thereof. I sign this release voluntarily as my own free act, with full knowledge of its significance, intending for me to be legally bound thereby. I, the undersigned, understand that this release may be stored electronically and agree that a copy is authentic and admissible as evidence in any future dispute or proceeding.
I, the undersigned, being over the age of 18, have voluntarily chosen to access, use and/or participate at or on the properties and facilities located at Addison Circle Park for the Town of Addison, Texas (“Town”) Oktoberfest, for promotion purposes, included but not limited to volunteering, at Oktoberfest (“Oktoberfest”) on September 18-21, 2025. I fully understand that my access, use of, participation and/or activity in Oktoberfest may result in serious injury, illness and/or death to my person and/or damage to my property and may include sobering, unexpected and/or rigorous role playing, and that I may be asked to leave Oktoberfest at any time by a representative of the Town. Although I appreciate these risks, I desire to access, use, and/or participate in Oktoberfest without regard to the consequences. I assume full and complete responsibility for any injury, accident, incident and/or activity that may occur to me or my property, as applicable, in my access, use of, participation and/or activity in Oktoberfest at the.
IN CONSIDERATION FOR MY ABILITY TO ACCESS, USE, AND/OR VOLUNTEER AT OKTOBERFEST, I HEREBY AGREE TO RELEASE, ACQUIT, HOLD HARMLESS, FOREVER DISCHARGE AND WAIVE ANY AND ALL CLAIMS THAT I MAY, NOW OR LATER, HAVE AGAINST THE TOWN AND ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, MEMBERS, HEIRS, LEGATEES, ADMINISTRATORS, EXECUTORS AND ASSIGNS, IN WHOLE OR IN PART, IN BOTH THEIR PRIVATE AND PUBLIC CAPACITIES, (HEREINAFTER COLLECTIVELY REFERRED TO AS “RELEASEES”). THIS SHALL INCLUDE THE RELEASE OF ANY AND ALL ACTIONS, CAUSES OF ACTIONS, CLAIMS, DEMANDS, DAMAGES, LAWSUITS, COSTS, LOSS OF SERVICES, EXPENSES AND COMPENSATION, WHETHER KNOWN OR UNKNOWN, ON ACCOUNT OF, OR IN ANYWAY ARISING OUT OF OR CONNECTED IN ANY MANNER WITH MY ACCESS, USE OF, PARTICIPATION AND/OR ACTIVITY AT OR ON THE OKTOBERFEST, INCLUDING, BUT NOT LIMITED TO, LIABILITY, DAMAGES, INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LEGAL FEES AND/OR COSTS CAUSED BY OR RELATED TO ANY NEGLIGENT OR INTENTIONAL ACT OF ANY RELEASEE.
I declare and represent that in making this release:
(1) I rely wholly upon my own judgment, belief and knowledge of the nature of my decision to access, use and/or volunteer at Oktoberfest; and
(2) I have not been influenced to any extent whatsoever in making this release by any representations or statements made by any of the Releasees; and
(3) I recognize and acknowledge that the Releasees, individually and/or collectively, make no warranties, express or implied, in Oktoberfest; and
(4) I recognize and agree that while accessing, using and/or volunteering at Oktoberfest, I will not be an agent, servant or employee of the Releasees, and I will not be covered by the Releasees for any benefits, including, but not limited to, workers compensation and/or death and/or disability benefits.
It is my express intention in signing this release to bind myself, my executors, my administrators, my heirs, my legatees and my assigns. This release is for the benefit of the Releasees and all others who may be liable to me for any damage, harm and/or injury to me (including death) or property arising out of my access, use of, participation and/or activity at Oktoberfest.
I further understand, acknowledge, and agree that the Town and all other Releasees are and will not be responsible or liable for any medical costs or expenses of any kind whatsoever associated with or related to any injury or damage that I may sustain or suffer in connection with or related to my participation in Oktoberfest. I also understand that I should, and am urged by the Town, to obtain adequate health, medical, and accident insurance to cover any injury or harm to me that I may sustain during or in connection with Oktoberfest.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE A CLAIM against the Town and the other Releasees for any loss, damage or injury (including, without limitation, death) which may arise or which I may incur during my participation in and attendance at Oktoberfest. The provisions of this Release are severable, and if any provision hereof is held to be illegal, invalid or unenforceable under present or future constitution or laws, such provision shall be fully severable and this Release shall be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof shall remain in full force and effect. This Release shall be construed according to the laws of the State of Texas (without reference to its conflict of laws provisions), and exclusive venue for any action under this Release lies in Dallas County, Texas.
It is further agreed that the execution of this release and acceptance of the same shall not constitute a waiver by the Town and their respective Council Members, officers, agents, representatives, employees, members, heirs, legatees, administrators, executors and assigns, in either their private or public capacity, of its/their governmental immunity and/or any other defense it may have at law and/or equity, whether state and/or federal. Acceptance of this release by the Town is not to be construed as an admission of any liability whatsoever by any or all of the Releasees.
I, the undersigned, have carefully read the foregoing and know and understand the contents thereof. I sign this release voluntarily as my own free act, with full knowledge of its significance, intending for me to be legally bound thereby. I, the undersigned, understand that this release may be stored electronically and agree that a copy is authentic and admissible as evidence in any future dispute or proceeding.
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