Before filling out the form below please read the following information carefully. You will be asked to digitally “sign” that you read both the Code of Conduct and the Volunteer Release Form before you submit your application.
ACKNOWLEDGEMENT OF RISKS,
RELEASE OF LIABILITY AND INDEMNITY AGREEMENTTHIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY WRITING YOUR SIGNATURE BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE DISCLOSURES OF RISKS, VOLUNTARILY ACCEPT THOSE RISKS, AND AGREE TO BE BOUND BY ALL TERMS OF THIS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
My signature below acknowledges that I have voluntarily chosen to participate in volunteer activities (hereinafter referred to as the “Activities”) for the State Fair of Texas (“SFT”) in the Livestock Department for the 2022 State Fair of Texas Livestock Events (the “Event”) and to use the property and facilities of SFT and/or the City of Dallas, including Fair Park and all of the fairgrounds, buildings, barns, walkways, thoroughfares, common areas, parking lots and amenities (collectively referred to herein as the “Facilities”). In consideration for SFT permitting me to participate in the Activities and use the Facilities, I hereby acknowledge, agree, promise and covenant on behalf of myself, my heirs, assigns, personal representatives and estate with SFT, City of Dallas, Fair Park First, Global Spectrum, L.P. d/b/a Spectra Venue Management, each of their lessors, licensees, sponsors, subsidiaries, related companies and business concerns, past and present, and each of them, as well as each of their officers, directors, employees, trustees, elected and appointed officials, representatives, managers, agents and principals, past and present, and each of them (collectively referred to herein as the “Releasees”) as follows:
HEALTH AND SAFETY: I agree that I will comply with SFT’s health and safety rules, including protocols related to COVID-19, as promulgated by the CDC, State of Texas, County of Dallas and/or City of Dallas. I ACKNOWLEDGE that I am in good physical and mental health, and not suffering from any condition, illness, disease or symptoms, including illness or symptoms of COVID-19, which would or could potentially affect my performance of the Activities or use of the Facilities, or harm any co-volunteers, participants, patrons, spectators, staff or others.
ACKNOWLEDGEMENTS OF RISKS: I UNDERSTAND AND ACKNOWLEDGE that the Activities in which I am about to voluntarily engage bear certain known risks and unanticipated risks that could result in PHYSICAL OR MENTAL INJURY, DEATH, ILLNESS OR DISEASE, OR DAMAGE to me or my property. I understand and acknowledge those risks may result in claims against Releasees. However, I am making an informed choice to voluntarily accept such risks in exchange for the opportunity to participate in the Activities, and I agree that the benefit of the Activities outweigh the risks, which include but in no way are limited to: (i) the acts, omissions or negligence in any degree of Releasees; (ii) the risks inherent in the Activities; (iii) latent or apparent defects or conditions of the Facilities; (iv) improper or inadequate instruction or supervision regarding the Activities or use of the Facilities; (v) the behavior of co-volunteers, participants, patrons, spectators or staff; (vi) accidents or incidents in the Facilities; (vii) criminal acts, terrorism or acts of war declared or undeclared; (viii) exposure or potential exposure to sickness, illness, harmful bacteria, viruses, including COVID-19 or permutations thereof, or other infectious diseases; and/or (ix) first aid, emergency treatment or services rendered or failed to be rendered by Releasees, or their contractors, agents or employees.
I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated, may also result in injury, death, illness, infection, disease, or damage to me or to my property. I FURTHER ACKNOWLEDGE that I can perform the essential functions of the job required for the Activities.
VOLUNTARY ACCEPTANCE AND ASSUMPTION OF RISK AND RESPONSIBILITY: I EXPRESSLY AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES, AND RISK FOR INJURY, DEATH, ILLNESS OR DISEASE OR DAMAGE to me or to my property arising from participation in the Activities or use of the Facilities.
VOLUNTARY AGREEMENT TO BACKGROUND CHECK: As a condition for me to participate in the Activities and use the Facilities, I acknowledge and voluntarily agree that SFT will perform a lawful investigation into any criminal history within the United States of me by using a reputable third-party service engaged in the business of facilitating or providing criminal background reports (“Background Check”). I agree that SFT shall have the right to bar or remove me from the Activities or Facilities if it finds any information in the Background Check that is objectionable or would potentially present a safety risk to co-volunteers, participants, patrons or staff at the Event. Such information shall include, but in no way is limited to, any person who (i) is a registered sex offender under Texas law or the law of another state; (ii) has, within the last five (5) years, received a “Conviction” (as defined herein) for any sexually related criminal offense; or (iii) has, within the last five (5) years, received a “Conviction” (as defined herein) for any felony criminal offense involving violence to another person. “Conviction” is hereby defined to mean an adjudication of guilt, any court-ordered punishment following a plea of guilty or no contest, or any court-ordered delayed or postponed adjudication, including deferred adjudication, withheld adjudication, and similar dispositions.
VOLUNTARY AGREEMENT NOT TO CONSUME ALCOHOL: I agree not to consume alcoholic beverages or use any controlled substances at any time while engaged in my duties as a volunteer or participating in the Activities.
LIMITATION OF LIABILITY FOR LIVESTOCK ACTIVITIES: I UNDERSTAND AND ACKNOWLEDGE that signage will be posted at the Facilities that complies with Texas law (TX CIV PRAC & REM §87.001 – 005) and includes the following statutory warnings:
LIMITATION OF LIABILITY
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A LIVESTOCK SHOW SPONSOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN A LIVESTOCK SHOW
RESULTING FROM THE INHERENT RISKS OF LIVESTOCK SHOW ACTIVITIES.
RELEASE AND INDEMNITY: I VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Releasees and all other persons or entities affiliated therewith, from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the participation in the Activities, use of the Facilities, and/or the Background Checks, including, but specifically not limited to any and all negligence or fault of Releasees. I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER and will apply to all current and future participation in the Activities, use of the Facilities or Background Checks authorized hereunder. I understand that this RELEASE OF LIABILITY will prevent me, my child, my heirs or my estate from bringing any action at law, suit in equity, or other jurisdictional proceeding or making any claim for damages, injury, illness or death in the event of damage, injury, illness or death arising from participation in the Activities, use of the Facilities or the Background Check.
I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY Releasees, and all other persons or entities from all defense costs, including attorneys’ fees, or any other costs incurred in connection with claims for mental or bodily injury, illness, wrongful death or property damage that may be filed by me, my child, my heirs or my estate. Such indemnity and defense obligations shall further extend to any claim, loss or lawsuit, which alleges that I negligently or intentionally caused any injury, illness, death or damage to co-volunteers, participants, patrons, spectators, staff or other third parties in the course of my participation in the Activities.
INSURANCE: I certify that I have adequate insurance to cover any injury, illness or damage I may cause or suffer while participating in the Activities or using the Facilities, or else I agree to bear the costs of such injury, illness or damage myself. I further certify that I can perform the essential functions of the job required for the Activities and I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any injury, illness or damage I may cause or suffer.
RELEASE OF ALL RIGHTS RELATED TO MY AUDIO, VIDEO AND PHOTOGRAPHIC IMAGE: I hereby agree to a blanket release and disclaimer of all rights related to my identity, name, likeness, appearance, voice, and professional and biographical information, including any audio, video and/or photographic images, that may arise out of my participation in the Activities, use of the Facilities or appearance at the Event. I understand that this release includes any and all marketing, promotion, publishing or advertising that may occur anywhere and anytime on any media, now known or later developed and used by Releasees. Further, I hereby grant full permission for Releasees and hereby irrevocably permit, authorize, and license the Releasees and any of their licensees, sub-licensees, subcontractors, and/or agents to identify me by name and use my identity, name, likeness, appearance, voice, and professional and biographical information in all materials created by or on behalf of SFT in association with the Event, Activities or Facilities, including without limitation any audio, video, photographs, motion pictures, TV broadcasts and promotions, radio broadcasts and promotions, internet websites, streaming media, social media, webcasts, recordings, digital media and other media, now known or later developed, and to use them in perpetuity, no matter by whom taken or recorded, in any manner for publicity, promotions, advertising, trade or commercial purposes, without any reimbursement of any kind due to me, or the need to pay me any fee whatsoever. Releasees shall have the exclusive right, but not the obligation, worldwide and in perpetuity to use and to license others to use all or any portion of the audio, video, or photographic images that may arise out of or in connection with my participation in the Activities or appearance at the Event. I agree that Releasees will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the audio and video recordings, photographic images, subsequent broadcasts thereof, and the results and proceeds of my participation hereunder (collectively referred to as the “Materials”). I agree that the Materials shall constitute a “work made for hire” pursuant to the United States Copyright Act. To the extent any of the Materials are not considered a “work made for hire,” I hereby assign all rights in the Materials to Releasees. Such assignment shall be deemed irrevocable and coupled with an interest.
ENTIRE AGREEMENT, SEVERABILITY AND VENUE: I understand that this is the entire agreement between the undersigned and Releasees, and that it cannot be modified or changed in any way by the representations or statements of Releasees or any employee or agent of Releasees, or by the undersigned. I understand and agree that this agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable. I agree that any action will be brought in a court in the County of Dallas, State of Texas. Any disputes will be subject to and determined under the laws of the State of Texas.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in the Activities or use of the Facilities, I may be found by a court of law to have waived my right to maintain a lawsuit against Releasees on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.