Maryland School for the Blind “See Beyond Festival” Participant Waiver and Release of Liability Agreement

In consideration for my utilization of the facilities, services and programs of the Maryland School for the Blind (“MSB”) related to my participation in the “See Beyond Festival” activities and events, I, the undersigned, for myself and any personal representatives, heirs, and next of kin, hereby acknowledge, agree and represent as follows:

1. The “See Beyond Festival” activities and events include a variety of games, sports, physical challenges, blind food tastings, and free-play on the MSB playground. I wish to participate in the “See Beyond Festival” activities and events offered by MSB at the MSB facility and do so on a voluntary basis and of my own free will.
2. I am sufficiently fit to participate in the “See Beyond Festival” activities and events, and I am not aware of any physical or mental limitations that would affect my doing so.
3. I fully understand and acknowledge that participation in the “See Beyond Festival” activities and events could involve exposure to certain inherent risks, dangers, and hazards. While specific risks vary, I understand that they can include but are not limited to those stemming from physical injury, exposure to the elements, and related risks associated with participation in indoor and outdoor sports, games, challenges, and food tastings. I further understand that my participation in the “See Beyond Festival” activities and events, may result in bodily injury or illness; and these risks and dangers may be caused by the negligence of any member of the MSB community, including employees or agents of MSB, the negligence of other participants, the negligence of myself, accidents, breaches of contract, the forces of nature, and/or any other foreseeable or unforeseeable cause or causes.
4. I understand that I am responsible for mitigating these risks to the best of my ability. I further acknowledge that I will comply with all rules and regulations of MSB while I am on MSB’s premises.
5. I understand that by entering onto the property of MSB I have inspected and carefully considered the premises, facilities, and equipment, and acknowledge that the premises, facilities, and equipment are acceptable as being safe and reasonably suited for the purpose of my participation in the “See Beyond Festival” activities and events.
6. I understand and acknowledge that by attending the “See Beyond Festival” there is a risk of being exposed to COVID-19, and/or any mutation or variation thereof. I am also aware that such an exposure can occur either directly or indirectly whether or not a mask and/or PPE are worn and that MSB cannot guarantee that by participating in the “See Beyond Festival” activities and events that there will be no exposure to COVID-19. I have independently evaluated and reviewed the risks of being exposed to or infected by COVID-19 and have determined to participate in the “See Beyond Festival” activities and events with full knowledge and acceptance of the risks.

By signing this Waiver and Release of Liability Agreement, I waive and release MSB, its board of directors, officers, agents, servants, employees, insurers, attorneys, successors and assigns (the “MSB Releasees”) from any and all claims, demands, causes of action, damages or suits at law and equity of any kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence, involvement, or my participation in the “See Beyond Festival” activities and events at the facility. This waiver and release is intended to and does release the MSB Releasees from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties, and the MSB Releasees’ negligence to the maximum extent provided by law.

I further covenant and agree not to institute any claims or legal action against the MSB Releasees for any claim released by this Agreement. I further agree that should any claim be made against the MSB Releasees in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnify (reimburse) the MSB Releasees for any such claim and expenses including attorney’s fees and costs incurred by the MSB Releasees in defending themselves or security indemnity hereunder.

I understand that the MSB Releasees are not responsible for any lost, stolen, or damaged property.

I have read the Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue the MSB Releasees for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by the MSB Releasees, will void and terminate this Agreement and may result in loss of the ability to use the facility.

This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.

I am signing this Agreement freely, voluntarily and competently and am at least eighteen (18) years old.

PARENT/GUARDIAN WAIVER FOR MINORS (under 18 years old)

The undersigned parent and/or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and is fully responsible and agrees to save and hold harmless and indemnify each and all of the MSB Releasees from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.