Waiver of Liability
By purchasing tickets to any Fell and Fair Productions, LLC / White Horse Solutions, LLC / War of the Barons Event you agree to the following:
STATE OF SOUTH CAROLINA RELEASE AGREEMENT
County of Anderson
WHEREAS, I am the undersigned, a participant in the activities related to White Horse Solutions, LLC, Fell and Fair Productions, LLC, and War of the Barons.
NOW THEREFORE, in consideration for myself being allowed to be a participant in the said activities, the sufficiency of the consideration is hereby acknowledged, the undersigned, does release, remiss and forever discharge Fell and Fair Productions, LLC, War of the Barons, individual members of the events and organizations his/her/its/their agents, employees, heirs, successors, assigns, and affiliated entities from any and all liabilities, claims, actions, causes of action, demands and damages of whatever kind or nature, whether heretofore or hereafter occurring, or whether now known or unknown, or because of any matter or thing done, omitted, or suffered to be done, as to any matter directly or indirectly arising out of my participation in the events or any other activity of the production or event. I understand that by participating in activities simulated combat will occur and that I may be struck with weapons, environmental elements or other objects and agree to hold harmless for any injury to person or property to all parties aforementioned.
The parties hereto have executed this Release on October 21, 2022.
AGREEMENT AND RELEASE FOR APPEARANCE IN
AND / OR WORK ON THE
“War of the Barons”
I agree to participate in , and / or appear in, the photography projects by whatever future name as may be designated, which is being produced by White Horse Solutions, LLC, and Fell & Fair Productions, a South Carolina based LLC.
Whatever acting, participation, performance and / or appearance I may have in any film or still photography, and whatever work, of whatever kind, I may do on, or in the making, advertising, or promoting of any projects, shall be treated as a “work for hire” under all copyright, trademark, or applicable laws covering intellectual and creative property rights, and Fell & Fair Productions shall have all creative and editing rights, privileges, and control. Fell & Fair Productions reserves, and I the undersigned, expressly and irrevocably grant and license Fell & Fair Productions, all rights of every kind in and to all physical, visual, audio, digital, and electronic embodiments, representations, photographs, or recording of my participation, in likeness, and appearance in the Film. Including the right to exploit, copyright, trademark, use, exhibit, edit, display, print, reproduce, televise, sell, broadcast, and distribute, in whole or in part, throughout the world, in perpetuity, the Film in any and all media whether now known or hereafter devised. Including, but without limitation, my participation, likeness, and appearance in the Film for advertising and other promotional purposes.
I, the undersigned, agree to the above and understand I am participating in, and working on the film, photo shoot or other media project as a volunteer.
The parties hereto have executed this Release on (date) Oct 21, 2022.
PARENTAL CONSENT AND AGREEMENT: If the above named participant is under the age of 18, his/her participation under the above stated terms is consented to, and approved by their below signed parent or guardian:
COVID-19 Assumption of Risk, Release, and Waiver of Liability Agreement RELEASE AND WAIVER.
In consideration of my attending the War of the Barons hosted by White Horse Solutions, LLC and Fell and Fair Productions, LLC I, being 18 years of age or older, do hereby forever release, waive, discharge, and covenant not to sue War of the Barons Fell and Fair Productions, LLC and its past, current, and future officers, directors, employees, members, volunteers, contractors, representatives, parents, owners, affiliates, agents, successors, and assigns (collectively, “Service Provider”) from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands, including but not limited to those for personal injury, sickness, or death, as well as property damages and expenses, of any nature whatsoever which may be incurred, directly or indirectly, now or in the future, in any way related to COVID-19 and in connection with my participation in the Services or any travel related thereto. I promise not to sue Service Provider for any of the foregoing.
ASSUMPTION OF RISKS. I understand that while White Horse Solutions & Fell and Fair has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the Services, War of the Barons, White Horse Solutions, & Fell and Fair are not responsible in any manner for any risks related to COVID-19 in connection with the War of the Barons. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in the War of the Barons (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from receiving the Services, including, to my knowledge, COVID-19.
This COVID-19 Assumption of Risk, Release, and Waiver of Liability Agreement (“Agreement”) shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorized representatives. This Agreement may be executed, made and delivered electronically.
To the maximum extent permitted by applicable law, I (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of this Agreement or the Weekend Warrior Experience that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of the right to trial by jury is given knowingly and voluntarily.
I have read and understood this Agreement and entered into it voluntarily in consideration of the opportunity to participate in the Weekend Warrior Experience. I acknowledge I am giving up legal rights and/or remedies which may be available to me.
PARENTAL CONSENT AND AGREEMENT: If the above named participant is under the age of 18, his/her participation under the above stated terms is consented to, and approved by their below signed parent or guardian