Oatlands Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
I desire to attend an event hosted by the StageCoach Theatre Company at Oatlands, a historic site of the National Trust for Historic Preservation in the United States (National Trust). I understand that this event is hosted at an historic property and grounds and that the property and grounds may not be compliant with the Americans with Disabilities Act and the National Trust cannot guarantee the presence of ramps, rails, elevators, or other accommodations. I further understand that it may be dangerous to participate in this event and that my participation involves numerous risks, some of which may not be readily visible, such as, but not limited to, structural deficiencies in buildings and difficult terrain, and that there may be certain risks, including death or serious bodily injury.
As consideration for participating in this event, I, on behalf of my successors, heirs, and legal representatives, expressly agree and acknowledge the following:
1. I voluntarily assume any and all risks involved in or related to my participation in this event, including, but without limitation to, the risk of death, bodily injury, exposure to or being infected by COVID-19 or any other communicable disease, or property damage resulting from my participation, including the unavailability of emergency medical care or the negligent or deliberate acts of other persons.
2. I release and forever discharge the StageCoach Theatre Company LLC, the National Trust, and their trustees, directors, officers, employees, volunteers, agents, and assigns (collectively, the “Indemnified Parties”), from any and all liability, claims, causes of action, injuries, damages, costs, or expenses, including without limitation due to or resulting from any such injury, illness, disability, or death that I may experience, including exposure to or infection by COVID-19 or any other communicable disease, and agree not to sue them on account of or in connection with, any claims, causes of action, injuries, damages, costs, or expenses arising out of my participation in this event. Further, I agree that this release is intended to be as broad and inclusive as permitted by the laws of the District of Columbia and that if any portion of this release is held to be invalid, I agree that the remainder shall continue in full legal force and effect.
3. I waive the protection afforded by any statute or law in any jurisdiction, including without limitation Section 1542 of the California Civil Code, whose purpose, substance, and/or effect is to provide that a general release does not extend to claims which the person giving the release does not know or suspect to exist at the time of executing the release.
4. I agree to defend, indemnify, and hold the Indemnified Parties harmless from and against any and all claims, causes of action, damages, judgments, costs or expenses, including reasonable attorney’s fees, which arise in any way from my participation and conduct during the event and any and all damages to property, injury to any other person, that I cause, directly or indirectly, whether by inadvertence, negligence, willful misconduct, or otherwise.
5. I agree that in the event of any accident which may require immediate medical or other emergency care, in which no next of kin can be notified in a reasonable amount of time through reasonable means, the National Trust is hereby authorized, but not required under any circumstances, to take all necessary actions as it relates to immediate medical or other emergency care, transportation, and emergency medical services as warranted in the course of my care. I further agree that I shall be solely responsible for all fees and expenses as they relate to this paragraph.
6. The National Trust may take photographs, video recordings, or otherwise record or collect your name, likeness, voice, and sounds (“Photographs/Video Recordings”) during the event. By registering for this event you grant to the National Trust, its affiliates and licensees, the following worldwide, royalty free, perpetual, and irrevocable rights in the Photographs/Video Recordings: (1) to copyright the Photographs/Video Recordings in the name of the National Trust; and (2) to use and re-use, publish and re-publish the Photographs/Video Recordings, in whole or in part, individually or in conjunction with printed matter, or in composite form, and in any medium, for editorial, commercial, promotional, and/or trade purposes. You also waive your right to inspect or approve any copy that is used in connection with the Photographs/Video Recordings and release and discharge the National Trust, its affiliates and licensees, from any and all claims arising out of the use by the National Trust, its affiliates and licensees, of the Photographs/Video Recordings for the purposes described above, including any claims for libel and invasion of privacy.
I confirm that I have read this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Release and Waiver”) and that I understand that by signing this Release and Waiver, I surrender valuable rights and do so freely and voluntarily. I further understand that the terms of this Release and Waiver are contractual and not a mere recital and that I have signed this Release and Waiver by my own free act and that if I have any doubts concerning its contents, I will consult an attorney before signing it. By signing this Release and Waiver, it is my intent to bind the members of my immediate family, and my successors, heirs, and legal representatives.
I have read the foregoing, fully understand its contents, and agree to be bound by its terms and conditions.
