RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT BITS & BITES ... TO GO!

PLEASE READ THE FOLLOWING RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (“AGREEMENT”), AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW.

This Release and Waiver of Liability and Indemnity Agreement is entered into for and in consideration of the undersigned individual’s participation in the Bits & Bites… To Go! event sponsored by Dallas College (“College) and held at the College’s Culinary, Pastry and Hospitality Center located at 11830 Webb Chapel Road, Suite 1200, Dallas, TX 75202 on October 25, 2020 (the “Event”). I, the undersigned individual, (hereinafter “Participant”), am an adult who is eighteen years of age or older, I am fully competent to sign this Agreement and I affirm, acknowledge, and voluntarily agree to the following:

1. I am fully aware of the risks and hazards, known or unknown, connected with my participation in the Event, including those associated with traveling to and from any the Event and those associated with exposure to COVID-19. I understand that there is always a risk of injury when participating in certain activities and, understandably, not all hazards and dangers can be foreseen. I understand that my participation in the Event may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by pandemics/epidemics, terrain, facilities, temperature, inclement weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, other customers, participants, volunteers, vendors, restauranteurs and their employees, and/or producers of the Event.
2. I acknowledge that I am required to stay in my car and wear a face mask/face covering in order to participate in the Event. Due to the contagious nature of COVID-19, the fact that it can be difficult to identify in another, and the inherent risks of exposure, I understand that staying in my car and using a face mask/face covering does not remove all risks of illness, nor does it make it inherently safe to participate in the Event. I voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in this Event and that such exposure or infection may result in personal injury, illness, permanent disability, and/or even death.
3. I acknowledge that I will be consuming food and drink from various establishments and restaurants while taking part in the Event, and I understand that the College makes no guarantees, representations or warranties, whether express or implied, regarding any food or drink I may consume. Any ill effect from any food or drink, including but not limited to food poisoning, intoxication, sickness, or allergic reaction shall not be the fault or responsibility of the College. I expressly and voluntarily assume any risk related to the consumption of food or drink during the Event. I hereby elect to voluntarily participate in the Event with full knowledge that my participation may be hazardous to me and my property, and to the person and property of others.
4. I agree that I will not hold the College responsible or liable for my choice to participate in the Event of which may result in bodily injury or death to self or damage to person or property of others. I acknowledge that the College is not responsible for providing health insurance and is not obligated to pay any legal fees and/or medical expenses related to injuries or illnesses that may arise from my participation in this Event or any activity associated with or facilitating my participation in the Event. In the event that I should require medical care or treatment during or after the Event, I agree to be financially responsible for any costs incurred as a result thereof.
5. I UNDERSTAND AND ACKNOWLEDGE THAT COLLEGE IS NOT RESPONSIBLE FOR MY CONDUCT AND SAFETY. I KNOW THAT THIS EVENT IS A POTENTIALLY HAZARDOUS ACTIVITY AND I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM THE EVENT, AS WELL AS PARTICIPATING IN THE EVENT, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, CONDITION OF THE FOOD OR DRINK CONSUMED, THE CONDITION OF THE EVENT LOCATION(S), OR EXPOSURE TO COVID-19. NONETHELESS, I HEREBY VOLUNTARILY ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR DURING MY PARTICIPATION IN THIS EVENT, INCLUDING TRAVEL TO, FROM AND DURING THE EVENT. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, HOLD HARMLESS AND COVENANT NOT TO FILE SUIT AGAINST THE COLLEGE, ITS GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, OR OTHERS ACTING ON BEHALF OF THE COLLEGE (THE “RELEASED PARTIES”) FROM ANY AND ALL LOSSES, DAMAGES, LIABILITIES OR OTHER CLAIMS AND CAUSES OF ACTION WHATSOEVER THAT I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THIS EVENT, INCLUDING, BUT NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, DEATH OR DAMAGE SUFFERED BY ME, MY PERSONAL PROPERTY OR OTHERS, WHETHER THE SAME BE CAUSED BY EXPOSURE TO COVID-19, CONTACT WITH OTHER CUSTOMERS, PARTICIPANTS, VOLUNTEERS, VENDORS, RESTAURANTEURS AND THEIR EMPLOYEES, AND/OR PRODUCERS OF THE EVENT, CONDITIONS RELATED TO TRAVEL, CONDITION OF THE FOOD OR DRINK CONSUMED, OR THE CONDITION OF THE EVENT LOCATION(S), AND NEGLIGENCE OF THE RELEASED PARTIES, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE. I AGREE THAT, IN THE EVENT ANY PERSON BRINGS ANY CLAIM OR ACTION INDIVIDUALLY OR ON MY BEHALF, RELATED TO ANY INJURY OR LOSS SUFFERED BY ME AS A RESULT OF MY PARTICIPATION IN THE EVENT, THAT I WILL INDEMNIFY THE RELEASED PARTIES AGAINST SUCH CLAIMS, INCLUDING THE PAYMENT OF ATTORNEY FEES.
6. I fully acknowledge that I am solely responsible for any injury, loss, or damage to property, to myself and/or to others. I fully recognize that the liabilities, claims, suits, demands, and causes of action which I am waiving have not yet arisen, and I am making this agreement as a promise to waive any and all said liabilities, claims, suits, demands, and causes of action if and when they do arise in the future, with said agreement supported by the consideration of allowing me to participate in the Event. If the participant is a minor or incapacitated adult, I hereby certify that I am the participant's parent or guardian and agree to this waiver and release from liability on behalf of the participant.
7. It is my express intent that this Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased.
8. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of Texas and that any mediation, suit, or other proceeding must be filed or entered into only in the federal or state courts of Dallas County, Texas. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
9. I understand that the Event may be cancelled by conditions outside of the control of the College for the safety and well-being of participants and the community; such as severe weather, civil unrest, epidemics/pandemics, bans on public gatherings, threat of terrorism, or other unforeseen circumstances that would make the Event non-viable.
10. I hereby irrevocably grant the College permission to record my voice and photograph in conjunction with the Event. I understand and agree that the term “photograph” as used herein encompasses both still photographs and video recordings. I further grant the College permanent permission to use my photograph, voice, and likeness taken in conjunction with the Event, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legal purpose including, without limitation, any commercial purpose, without compensation to me. I further waive any right of inspection or approval of any such recordings and photographs. I understand that any such recordings or photographs shall become the sole property of the College.

BY REGISTERING FOR THIS EVENT, I ACKNOWLEDGE AND REPRESENT THAT I have read this Release and Waiver of Liability and Indemnity Agreement, and I fully understand the terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I accept this Agreement freely and voluntarily and that by registering, I agree to a complete and unconditional release of all liability to the greatest extent allowed by law.