FIRE TRUCK PULL – ASHBURN VOLUNTEER FIRE AND RESCUE DEPARTMENT
WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

The undersigned (with their representatives, heirs, and assigns, “Participant”) desires to participate in the Fire Truck Pull (“FTP”) sponsored by Ashburn Volunteer Fire and Rescue Department (“AVFRD”) and Lost Rhino Brewing Company (“Lost Rhino”, and, with AVFRD and Lost Rhino’s respective members, principals, agents, officers, employees, insurers, staff, volunteers, and any representatives or persons acting with or on their behalf, the “Released Parties”).

In consideration of being permitted to participate in the FTP and in recognition of the Released Parties’ reliance hereon, Participant agrees to all the terms and conditions set forth in this Liability Waiver, Assumption of Risk, Release of Claims and Hold Harmless Agreement (hereinafter, the “Release”).

Participant is aware of and understands that the FTP is a potentially dangerous activity involving physical exertion, including the rapid, prolonged and/or intense movement and pulling of heavy, hard objects, and involves the risk of muscle strain, collision with others, slipping and falling, abrasions and cuts to hands and feet, and other bodily or psychological injury, pain, suffering, temporary or permanent disability, death,  property damage, and/or financial loss (collectively, “Injury”). Participant is also aware of the highly contagious nature of certain bacterial and viral diseases, including COVID-19 and other transmissible diseases (collectively, the “Disease”), and the risk that Participant may be exposed to or contract the Disease by participating in the FTP or being nearby those who are participating. Participant acknowledges that these risks may result from or be compounded by the actions, omissions, or negligence of Released Parties, including negligent emergency response or rescue operations of the Released Parties. Participant understands that the Released Parties cannot guarantee that Participant will not be injured or become infected with a Disease while partaking in the FTP.

NOTWITHSTANDING THESE RISKS, RELEASOR ACKNOWLEDGES THAT THEY ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. RELEASOR HEREBY AGREES TO ACCEPT AND ASSUME ALL RISKS OF  INJURY ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, AND WAIVES ALL RIGHTS, TO THE EXTENT LEGALLY PERMISSIBLE, TO HOLD RELEASED PARTIES LIABLE OR SEEK INDEMNIFICATION FROM THE RELEASED PARTIES IF ANY OF THE RISKS ASSUMED LEAD TO INJURY.

Furthermore, Participant agrees, to the maximum extent allowed by law, to indemnify, defend and hold harmless the Released Parties of and from, and release Released Parties from, any Loss sustained by Participant that may occur as a result of Participant’s participation in the FTP, as well as from any third party claims against the Released Parties based on Participant’s negligence or contribution to any Loss.

Participant represents that Participant has no medical condition or physical disability which may affect, or would subject, Participant to an unreasonable risk of harm or injury, or aggravation of existing injury, by participating in the FTP. Participant hereby releases all officials and professional personnel of the Released Parties from any claim whatsoever on account of first aid, treatment or service tendered during or after Participant’s participation in the FTP. Participant agrees that if medical assistance of any kind is required or performed as a result of Participant’s participation in the FTP, such assistance shall be at Participant’s own expense.

Participant further states that Participant has carefully read the foregoing Release, knows and understands the contents thereof and signs this Release of his/her own free act.

This Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not a mere recital.