In consideration of being allowed to participate in events and/or volunteer and/or work with the Miami Broward One Carnival Host Committee, Inc. (“MBOCHCI”) and/or Freaks Mas, including all sanctioned official events, namely, the Parade of Bands, J’Ouvert, Kings, Queens, Individual Costume Competition, Panorama and Junior Carnival festivities, scheduled for the week from October 3 to October 11, 2022 in South Florida (individually and/or collectively, the “Event” “Miami Carnival 2022”), and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby promise and agree as follows:

 

I have received my costume as ordered along with all access bands needed for the enjoyment of all amenities provided by Freaks Mas. I understand that I am responsible for the full payment of my selected costume as laid out in my registration form. Due to the nature of my order, I understand that All sales are final, and Freaks Mas does not offer any money-back guarantees. I recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances and waive my right to any future claims or chargebacks. In the event a chargeback is initiated I understand that I will be responsible for full payment amount plus any applicable fees incurred by Freaks Mas as a result.

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I understand Freaks Mas shall assume no liability whatsoever in the event that the Carnival is cancelled, rescheduled or postponed due to an Act of God, or unforeseen occurrences. For purposes of this clause, a fortuitous event shall include, but not be limited to: war, fire, labor strike, extreme weather or other emergency.

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VOLUNTARY PARTICIPATION; ASSUMPTION OF RISK:   In consideration of my consent to participate in my respective Band or to volunteer or work in the Event on behalf of MBOCHCI and/or Freaks Mas, I hereby knowingly, freely and voluntarily agree to waive, release and discharge any and all claims for damages for death, personal injury, or property damage that may have, or that may subsequently accrue to me as a result of my participation in the Event.  I represent, warrant, covenant and agree that I am participating in or volunteering and/or working with the Event entirely of my own choice and volition, and I knowingly and voluntarily intend to participate in the Event after being apprised of such risks and dangers.  The specific risks vary, and may range from: 1) minor injuries such as scratches, bruises, sprains, and the like, to 2) major injuries such as eye injuries, loss of vision, loss of limb, joint or back injury, heart attack, and concussions, to 3) hearing loss, 4) exposure to communicable diseases, to 5) catastrophic injuries, including death. I understand and appreciate that these and other risks are inherent in the above-listed events and activities.  I hereby assert that my participation is voluntary and that I knowingly assume all such risks. I further understand that I am ultimately responsible for my own safety.

 

COVID-19 PROTOCOL: I recognize and acknowledge that WHILE ATTENDING MIAMI CARNIVAL 2022, I WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS, SUCH AS COVID-19, EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT.  As such, I voluntarily assume all risks, hazards and dangers incidental to my registration and/or participation with Freaks Mas Band, whether occurring prior to, during, or after the Band’s participation in Miami Carnival 2022, including but not limited to those of communicable disease.  I further acknowledge that I will comply with all Miami Carnival 2022 health and safety protocols, before and during the event, including but not limited to face mask requirements, exercising proper sanitization, and other recommended CDC protocol.  I understand that by participating in the Event and therefore being subject to these COVID-19 Protocols, MBOCHCI and/or Freaks reserves the right to refuse entry or remove an individual from the event if any such protocols are breached.

 

INDEMNIFICATION. I hereby covenant and agree to indemnify and hold MBOCHCI and/or Freaks Mas harmless from and against any and all claims, injuries, damages, liabilities, losses and cost or expenses (including reasonable attorneys’ fees) arising from or in connection with my acts, omissions, activities, conduct and participation in the Event.  This indemnity includes claims based on the negligence (whether sole, active, passive, or gross) of MBOCHCI and/or Freaks Mas, its officers, employees, agents, affiliates, and volunteers, but expressly does not include claims based on their intentional misconduct.

 

RELEASE AND WAIVER.   I hereby release, waive, and covenant, not to sue MBOCHCI and/or Freaks Mas, its officers, directors, employees, agents, volunteers, and affiliates, from and for any and all claims and/or liability resulting from any personal injury, accident or illness (including death), and/or property damage or loss, however caused by, arising from, or in any way related to, my participation in the Event.  This release includes claims based on the negligence (whether sole, active, passive, or gross) of MBOCHCI and/or Freaks Mas, its officers, employees, agents, affiliates, and volunteers. I understand that by agreeing to this clause I am releasing claims and giving up substantial rights, including my right to sue.  

 

NO ADMISSION OF LIABILITY. Neither this  Agreement  nor any  of  its  provisions  shall  be offered or received in evidence in any action  or proceeding as an admission or concession of liability of any nature on the part of MBOCHCI and/or Freaks Mas.   I further understand and agree that this Agreement contains the entire agreement between MBOCHCI and/or Freaks Mas and me relative to its subject matter, and no representations or agreements, oral or otherwise, between the parties not included herein shall be of any force or effect.

 

CONDUCT:  I agree to follow all instructions, procedures, measures and directions given to me by Freaks Mas Band or from MBOCHCI or any of its staff or representatives and understand that my failure to do so may result in property damage or injury or death to me or to a third party. I understand that my invitation to participate in recreational or other activities on the Properties may be revoked at any time for any reason by Freaks Mas Band or any of its agents, managers, employees or representatives.

 

PERMISSION TO USE LIKENESS/NAME: The undersigned further agree to allow, without compensation, Participant’s likeness and/or name to appear, and to otherwise be used, in material, regardless of media form, promoting MBOCHCI and/or Freaks Mas, and/or its, events and activities, including those of its representatives, assigns, and licensees. 

 

SEVERABILITY: I understand that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect and be binding on myself, my spouse, my heirs and personal representatives. 

 

I UNDERSTAND THAT THIS WAIVER, RELEASE AND INDEMNITY IS INTENDED TO WAIVE, RELEASE, DISCHARGE AND INDEMNIFY IN ADVANCE MBOCHCI AND/OR FREAKS MAS AND ITS AFFLIATES, SUBSIDIARIES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, INSURERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITY TO ME ARISING FROM MY PARTICIPATION IN THE EVENT, INCLUDING ANY DEMAND, RIGHT OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE ON THE PART OF THE BAND), CONTRACT, WARRANTY, OR ANY OTHER THEORY OF RECOVERY, AT LAW OR INEQUITY, VESTED OR CONTINGENT, THAT I OR MY SPOUSE, FAMILY, PARENTS, CHILDREN, ESTATE, HEIRS, AGENTS, INSURERS, SUCCESSORS OR ASSIGNS MAY AT ANY TIME HAVE AS A RESULT OF MY PARTICIPATION IN THE EVENT. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LIABILITY (INCLUDING CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES) ARISING FROM INJURY OR DAMAGE THAT I SUFFER OR CAUSE DURING MY PARTICIPATION IN THE EVENT, WHETHER SUCH INJURY OR DAMAGE IS FORESEEN OR UNFORESEEN OR WHETHER RESULTING FROM NEGLIGENCE OR OTHERWISE.