Release of Liability

BY ATTENDING BORO FONDO YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BORO FONDO OR ITS ORGANIZERS.

PLEASE READ THE FOLLOWING BEFORE ATTENDING:

Boro Fondo is a free festival, and in order to keep it that way, we need to assure that you are aware of the following: Boro Fondo, together with its members, directors, officers, employees, volunteers, agents, and independent contractors (the “Organizers”), operates an annual arts and music festival (“Boro Fondo”) held at various locations around Murfreesboro, TN.  The venue spaces are operated by the various local business owners and occupants.  For ease, the Organizers, Organization and Venue Owners, as well as any affiliated Sponsors, will be referred to collectively as the “Releasees”.

In consideration of the Releasees permitting the Participant’s attendance at Boro Fondo, the Participant waives any and all claims that the Participant has or may in the future have against, and release from all liability and agree not to sue the Releasees for any claims of personal injury, death, property damage or other loss that the Participant sustains during or as a result of Boro Fondo attendance due to any cause whatsoever. The Participant is aware that participating and/or volunteering at Boro Fondo has many inherent risks, including, but not limited to:

General

  • Theft, vandalism, damage or loss of personal property;
  • Negligence on the part of the Releasees;
  • Negligence on the part of other festival attendees;
  • Breach of any other duty imposed by law, including any duty imposed by occupier’s liability, or other legislation;
  • Inherent danger & risk of bicycle operation;
  • Physical harm or accidental death.

Weather, Landscape and Wildlife

  • Changing weather conditions, including lightning strikes, hail, snow, and sleet;
  • Changes or variations in the surface or sub-surface;
  • Exposed rock, concrete and asphalt;
  • Changes or variations in the terrain including holes, depressions, loose gravel, rocks, slippery mud, creeks, and those which may create blind spots or areas of reduced visibility;
  • Difficult terrain including streams, creeks, cliffs, crevasses, trees, tree wells, tree stumps, natural or man-made structures;
  • Contact with insects, spiders, bacteria, etc.

Conduct

  • The Participant is responsible for conducting himself/herself/theirself in a professional, lawful and appropriate manner. The Participant is aware of the dangers and hazards including, but not limited to:
    • Eating food prepared at the venue or by vendors;
    • Consuming alcoholic beverages[1]; and
    • The use of illicit narcotics[2]

[1] The Releasees do not condone or encourage the excess consumption of alcohol nor any reckless or irresponsible behavior while under the influence of alcohol even though alcohol may be present at some locations of the festival, and furthermore any damage and/or injury or death incurred while intoxicated is COMPLETELY at fault and liability of the intoxicated Participant. Boro Fondo further recognizes that it is illegal to bicycle on a state motorway with a Blood Alcohol Content of more than .08 in accordance to DUI/DWI laws and does not condone piloting a bicycle while above the legal limit of intoxication.

[2] The Releasees do not condone, in ANY way, the use of illicit narcotics.

The Participant hereby authorizes the Organizers, particularly, members of the Media Team, to photograph, video tape, or use any other electronic method of recording his/her likeness and/or voice to be used at their discretion in publications and/or web sites. The Participant waives any right to compensation for his/her appearance in these printed documents, videos or websites, in any and all future uses of the photographs and/or video footage.

BY ATTENDING ANY PART OF BORO FONDO, THE PARTICIPANT ACKNOWLEDGES THAT HE/SHE/THEY HAS READ AND UNDERSTANDS THIS WAIVER AND RELEASE. THE PARTICIPANT ACKNOWLEDGES THAT HE/SHE/THEY IS AGREEING TO THE FOLLOWING:

  • That he/she/they is assuming all risk of injury, loss or damage with respect to participating in Boro Fondo;
  • That he/she/they is waiving any and all claims arising from any cause whatsoever against Boro Fondo and the Boro Fondo Organizers on behalf of himself/herself/theirself and their heirs, successors, and assigns;
  • The Participant consents to receiving medical treatment which may be advisable and necessary in the event of illness or injury suffered by him/her/them at Boro Fondo.
  • That he/she/they is 18 years of age or older and is mentally and physically competent to participate at Boro Fondo, or accompanied by a parent or guardian of legal consenting age;
  • In accepting this Waiver and Release, the Participant is not relying on any oral, written, or visual statements of any kind, including promotional statements made by the Boro Fondo Organizers, with respect to the safety of Boro Fondo, other than what is set forth in this Waiver and Release; and
  • The Participant agrees that this Waiver and Release will be governed in all respects by and interpreted in accordance with the laws of the State of Tennessee and he/she/they hereby irrevocably attorn to the jurisdiction of the Courts of the State of Tennessee.