WAIVER

PLEASE READ CAREFULLY BEFORE SIGNING 

To: The Corporation of the City of Windsor (the “City”), its employees, Mayor and Members of Council, Heatseeker Hot Sauce Festival, Halo Heats, volunteers, and volunteer leaders (collectively the “Released Parties”)

As a Releasee, I fully understand and agree to the following: 

Assumption of Risks: Participation in Heatseeker Hot Sauce Festival by Halo Heats involves various risks, dangers and hazards, which all Releasees are required to assume. The Releasee understands that they will be sampling hot sauces with varying degrees on the Scoville Levels, containing mild to extreme degrees of heat that include but are not limited to: Hot peppers & hot pepper extracts. Due to the extremely hot nature of these products, injury can be caused if, consumed, applied to skin, eyes, or an exposed body part. The Releasee hereby freely accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, bodily injury, death, property or loss, including those risks arising from COVID-19, resulting from participation.

Release: In consideration of being granted permission to participate in Heatseeker Hot Sauce Festival by Halo Heats, the Releasee hereby for itself, its heirs, executors, administrators, or any others who may claim on its behalf, covenant not to sue, and hereby waive, release and discharge the City and the Released Parties from any and all claims of liability for personal injury, bodily injury, illness, loss of life or property damage of any kind or nature, whether or not arising from COVID-19, but arising out of or sustained in the course of the Releasee’s participation.

Indemnity: In consideration of being granted permission to participate in Heatseeker Hot Sauce Festival by Halo Heats, the Releasee agrees to hold harmless and indemnify the City and the Released Parties from any and all liability, loss, claims, demands, costs and expenses, including reasonable legal fees, due to any personal injury, bodily injury or property damage to any third party, whether or not arising from COVID-19. I agree that I am taking on the tasting at my own risk and hereby certify that the City, Released Parties, it’s vendors, will not be held responsible or liable for any injuries, damage or loss of earnings caused during or after the tastings.

Consent to Use: The Releasee grants Halo Heats and Heatseeker Hot Sauce Festival by Halo Heats, and anyone it may authorize, its consent to use its likeness, voice, words, or any other representation, as well as any works of art it may furnish [collectively the “Works”] in television, radio, film, print, or in any other form, and the right to reproduce, display, distribute, and record same, to promote Heatseeker Hot Sauce Festival and any other future promotions as may be determined by Halo Heats and Heatseeker Hot Sauce Festival . The Works may or may not identify the Releasee as the subject and/or author, and the Releasee waives any rights that it may have to inspect or give its approval to the Works.

Personal Items: Releasee are fully responsible for their own personal items during Heatseeker Hot Sauce Festival by Halo Heats, including but not limited to any equipment, materials, works of art, or personal effects that they may use in the course of their Participation and the Released Parties shall not be liable for any loss of or damage to the same.

I, ON BEHALF OF THE RELEASEE, AM AWARE OF THE NATURE AND EFFECT OF THIS ASSUMPTION OF RISKS, RELEASE, AND INDEMNITY AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT THE RELEASEE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.