This Voluntary Waiver and Release Agreement (“Agreement”) is hereby executed by the undersigned, or if the undersigned is under the age of 18 years, then by the undersigned's parent or legal guardian, (together with any heir, successor, representative or assign, collectively, the “Participant”) in favor of and for the sole and exclusive benefit of the Organizers (as defined below). In connection with the Participant’s decision to bring the Participant’s Service Animal, as defined below, onsite at Legend Valley in Thornville, Ohio and other Festival grounds (collectively, the “Venue”) during times that the Participant is at the Venue in connection with the 2025 Lost Lands Music Festival (the “Festival”), the Participant hereby certifies, warrants, represents, agrees, and covenants to Apex Event Management, LLC, Lost Lands Festival, Excision, Steve and Laura Trickle, Legend Valley, LLC, Trickle Productions LLC, Madison House Presents, LLC, AEG Presents Boulder, LLC, AEG Presents, LLC, Anschutz Entertainment Group, Inc., and all of the Festival’s sponsors and other promoters, and each of their respective affiliates, officers, directors, employees, partners, shareholders, members, parents, sponsors, volunteers, tenants, landlords, contractors, subcontractors, representatives, agents, successors and assigns (collectively and individually, the "Organizers"), that Participant has and/or is:
(1) READ AND IS FAMILIAR WITH THE FESTIVAL’S SERVICE ANIMAL POLICY, AVAILABLE AT https://www.lostlandsfestival.com/ada/, AND AGREES TO COMPLY WITH SUCH POLICY INCLUDING ANY CHANGES TO SUCH POLICY THAT MAY BE MADE FROM TIME TO TIME IN THE FESTIVAL’S SOLE DISCRETION;
(2) FREE OF ANY MENTAL OR PHYSICAL CONDITION, AILMENT OR INJURY (MEDICAL OR OTHERWISE) THAT WOULD, IN AND OF ITSELF OR IN CONJUNCTION WITH ANY OTHER CIRCUMSTANCE (INCLUDING BUT NOT LIMITED TO THOSE ACTIVITIES AND CIRCUMSTANCES ASSOCIATED WITH THE FESTIVAL AND/OR THE SERVICE ANIMAL), (i) IMPAIR, PREVENT OR PROHIBIT PARTICIPANT FROM ATTENDING THE FESTIVAL, BRINGING THE SERVICE ANIMAL TO THE VENUE IN CONNECTION WITH THE FESTIVAL, OR OTHERWISE ENTERING INTO THIS AGREEMENT (ii) BE AFFECTED, AGGRAVATED OR WORSEN IN ANY WAY AS A RESULT, DIRECTLY OR INDIRECTLY, OF PARTICIPANT'S ATTENDING THE FESTIVAL, BRINGING THE SERVICE ANIMAL TO VENUE IN CONNECTION WITH THE FESTIVAL OR OTHERWISE ENTERING INTO THIS AGREEMENT AND ENGAGING IN THE ACTIVITIES DESCRIBED HEREIN;
(3) OF SOUND MIND AND BODY AND NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY ILLICIT OR PRESCRIPTION DRUG OR MEDICATION WHICH MAY IN ANY WAY IMPAIR PARTICIPANT'S ABILITY TO ENTER INTO THIS AGREEMENT, FULLY UNDERSTAND THE RESPECTIVE INTENT AND MEANING OF ALL OF THE TERMS AND PROVISIONS HEREOF AND/OR TO PARTICIPATE IN AND ATTEND THE FESTIVAL AND BRING THE SERVICE ANIMAL TO THE VENUE IN CONNECTION WITH THE FESTIVAL;
(4) ENTERING INTO THIS WAIVER AND RELEASE AGREEMENT VOLUNTARILY, BY PARTICIPANT'S OWN FREE WILL, ACT AND DEED, WITHOUT ANY UNDUE INFLUENCE FROM THE ORGANIZERS OR ANY OTHER PARTY.
DEFINITION OF SERVICE ANIMAL
For purposes of this Agreement, the term, “Service Animal” means, “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. The work or tasks performed by a service animal must be directly related to the handler’s disability.” For the avoidance of doubt, emotional support animals, therapy animals, companion animals and pets are not permitted on the festival site and will be turned away.
ASSUMPTION OF RISK
PARTICIPANT AGREES THAT PARTICIPANT DERIVES A MATERIAL BENEFIT FROM THE RIGHT TO BRING THE SERVICE ANIMAL TO THE VENUE IN CONNECTION WITH THE FESTIVAL. BY EXECUTION OF THIS AGREEMENT, PARTICIPANT AGREES AND ACKNOWLEDGES THAT BRINGING THE SERVICE ANIMAL TO THE VENUE IS POTENTIALLY HAZARDOUS, AND PARTICIPANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH BRINGING THE SERVICE ANIMAL TO THE VENUE, INCLUDING, WITHOUT LIMITATION, RISKS TO THE SERVICE ANIMAL (E.G., THAT THE SERVICE ANIMAL MAY GET STOLEN OR HURT), RISKS THAT THE SERVICE ANIMAL MAY HARM OTHERS (E.G., OTHER SERVICE ANIMALS OR PEOPLE) AND THAT PARTICIPANT AND/OR SERVICE ANIMAL WILL BE RESPONSIBLE THEREFOR. FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT'S INVOLVEMENT IN THE BRINGING OF THE SERVICE ANIMAL TO THE VENUE IN CONNECTION WITH THE FESTIVAL AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS THE ORGANIZERS FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT, INCLUDING STRICT LIABILITY, OR OTHER LEGAL THEORY), DAMAGES, LIABILITIES, COSTS AND EXPENSES, WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO PARTICIPANT'S INVOLVEMENT IN BRINGING THE SERVICE ANIMAL TO THE VENUE AND ALL ACTIVITIES ASSOCIATED THEREWITH.
Participant understands that by signing this Agreement, Participant covenants and agrees that Participant, as well as such Participant's heirs, executors, administrators, successors and assigns, will never institute any suit or action at law, or otherwise, against any of the Organizers, or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury to Participant's and/or Service Animal’s person or property, or both, which may result from the Participant's bring the Service Animal to the Venue or any other event associated therewith. Participant agrees to defend and hold the Organizers harmless from any loss or damages, including attorneys’ fees and costs, sustained by Organizers, or any one or more of them, as a result of any Participant's rescission of this Agreement or breach of its covenants or agreements contained in this paragraph.
INDEMNIFICATION
PARTICIPANT HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS, THE ORGANIZERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, LIENS, SUITS, AND/OR EXPENSES, OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ALL COURT COSTS AND ATTORNEYS’ FEES, ARISING DIRECTLY OR INDIRECTLY FROM OUR OUT OF PARTICIPANT’S BRINGING THE SERVICE ANIMAL TO THE VENUE AND/OR ANY BREACH BY PARTICIPANT OF THIS AGREEMENT.
Participant agrees that during the Event, the Organizers are authorized to secure appropriate medical attention for Participant and/or Service Animal in the event of an accident, illness or injury. Participant shall be responsible for any and all costs of medical coverage and/or treatment provided not covered by insurance.
IMAGE RELEASE
Participant further agrees that the Organizers shall have the right to record, broadcast and otherwise exploit in any and all media throughout the world Participant’s and Service Animal’s activity and presence at the venue and to use Participant’s and Service Animal’s name, likeness, voice and biographical information in connection therewith.
If any provision of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision were omitted.
THE WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT THE ORGANIZERS MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.
Participant hereby certifies that all information provided on ALL forms is true, accurate and complete in all respects.