Performer Liability Wiaver
Please read this waiver carefully. It includes a release of liability and waiver of legal
rights and deprives you of the ability to sue certain parties. Do not agree to this
document unless you have read and understood it in its entirety. By agreeing and
signing, you acknowledge that you have both read and understood the text presented to
you as part of the registration process.
You also understand and agree that events carry certain inherent dangers and risks
which may or may not be readily foreseeable, including without limitation personal
injury, property damage or death. Your ability to participate in the event(s) is/are subject
to your agreement to the waiver and by agreeing herein, you accept and agree to the
terms of the waiver and release agreement.
By typing in your full name below, you understand, agree, warrant and covenant
By agreeing and submitting your registration, you agree and abide to the Waiver &
Release with the full knowledge and appreciation that this event is potentially a
hazardous activity, I assume a
registration fees will be charged. If you are registering a child under the age of 18 or an
incapacitated adult you represent and warrant that you are the parent or legal guardian
of that party and have the legal authority to enter into this agreement on their behalf and
by proceeding with this event registration, you agree that the terms of this Agreement
and Waiver shall apply equally to all Registered Parties. By registering a child under 13,
you agree and consent to the collection of that child’s information which you provide for
the purposes of registration.
2. Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS
POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT
PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED.
YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND
FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH
HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN
INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM
MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU
UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO
PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS,
PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED
PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO
SUE ACTIVE FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING
FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties. The Event Director SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM (A) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF THE EVENT DIRECTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
4. Indemnification. You agree to indemnify and hold the Event Director, Naples
Performing Arts Center and the property owner harmless from and against any and all
damages, costs, claims or demands, including reasonable attorneys’ fees, made by any
third party due to or arising from or relating to your use.
5. Applicable Law; Consent to Jurisdiction. By completing this event registration, both
you and the event director agree that the statutes and laws of the Governed State for
which the event is held in, without regard to the conflict of laws principles thereof, will
apply to all matters relating to this event registration, this Agreement and Waiver, and
Director resides in the courts of the State of Florida and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the event State of or in
connection with any dispute including any claim involving the Event Director or its
affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication
providers and content providers.
6. Severability. You further expressly agree that this Agreement and Waiver is intended
to be as broad and inclusive as is permitted by the law of the State of which the event is
held and that if any provision of this Agreement and Waiver shall be found to be
unlawful, void, or for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and Waiver and shall not affect the validity and
enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU
ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT
AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT
YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE.
YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER
FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A
COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW.
You must be over 18 years of age OR the parent/legal guardian of a minor under 18
years of age OR the legal guardian of an incapacitated and/or mentally challenged
person in order to agree to the text above.
Please type full name of parent or guardian below if performer is under 18 years of age
Do Not Fill This Out