ARTS COALITION FOR THE DUPONT UNDERGROUND : ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
I UNDERSTAND THAT THE OLD DUPONT TROLLEY STATION IS IN DEVELOPMENT AND HAS NOT YET BEEN DEEMED SAFE FOR THE PUBLIC. I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS ACTIVITY OR EVENT, expected or unexpected, including, but not limited to, any risks that may arise (i) from the negligence or carelessness on the part of the Arts Coalition for the Dupont Underground (the “ACDU”) or its agents, employees, contractors, and/or representatives (collectively with the ACDU, the “Organizers”), and (ii) from the condition of the equipment and real and personal property owned, maintained, or controlled by the ACDU or the District of Columbia at the location of the Activity or Event.
I certify that I am physically fit and have not been advised to refrain from participating in activities such as the Activity or Event by a qualified medical professional. I certify that there are no health-related reasons or problems which could make my participation in this Activity or Event inadvisable.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, organizers, and the ACDU and that it will govern my actions and responsibilities at said Activity or Event.
I acknowledge that participation in the above Activity or Event may carry with it potential risks. I acknowledge that the Organizers have satisfactorily informed me of the potential risks, and I have had sufficient opportunity to ask questions. The risks may include, but are not limited to, those caused by the facilities, conditions of the equipment and real and personal property owned, maintained, or controlled by the ACDU or the District of Columbia, and the actions of other people.
I hereby consent to receive medical treatment in the event of injury, accident and/or illness during this Event or Activity, although there is no obligation on the part of the event holders, sponsors, or Organizers to provide any medical treatment. I acknowledge that the ACDU is the event holder or sponsor of the above Activity or Event and is NOT responsible for errors, omissions, acts, or failures to act of any other party conducting the Event or Activity; In consideration of receiving permission to participate in this Event, I hereby take action for myself, my executors, administrators, heirs, next of kin, insurers, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE the Organizers from any and all liability, including but not limited to liability arising from the negligence or fault of any Organizer, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me in connection with the Activity or Event including during travel to and from this Activity or Event;
(B) I AGREE TO INDEMNIFY and HOLD HARMLESS the Organizers against any and all liabilities or claims made as a result of participation in this Activity or Event, including travel to and from this Activity or Event, whether caused by the negligence of the Organizers or otherwise;
(C) I AGREE TO ARBITRATION OF ALL DISPUTES and agree that any dispute brought by myself, or on my behalf, against the any of the Organizers will be settled before a panel of three professional arbitrators. I HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL. The result of the arbitration proceeding will be final and non-appealable, and such result will be enforceable in any court having jurisdiction. I hereby submit to the jurisdiction of the courts of the District of Columbia, and all rights and obligations arising out of my relationship with the Organizers, whether arising out of contract, tort, or statute, will be governed by the laws of the District of Columbia.
I certify that I have read this document, and that I fully understand its content. I am aware that this is a release of liability and a contract made in consideration of my participation in the Activity or Event. The provisions herein are intended to be interpreted and construed in a manner which renders them valid and enforceable. In the event that any provision of this document is found to be invalid or unenforceable, such provision shall be deemed excised without affecting the validity or enforceability of any of the remaining provisions herein.