FAB PARTIES, LLC
RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK

In consideration of the opportunity to rent from FAB PARTIES, LLC, a South Dakota limited liability company, and utilize the equipment of FAB PARTIES, LLC, (the “Activity”), the undersigned hereby acknowledges and agrees as follows:

I, the renter or participant, acknowledge the Activity may entail known, unknown, or unanticipated risks which could cause harm to me or third parties or damage to property. I certify that neither I, nor any of my minor children, whom will be participating in the Activity, have any medical or physical conditions which could interfere with their safety or the safety of others in connection with their participation in the Activity, and I hereby assume and agree to bear the costs of all risks that may be created, directly or indirectly, by any such condition. I understand and agree I am responsible for securing my own and my children’s own health, accident, and liability insurance and agree to do so.

My and my children’s participation in the Activity is purely voluntary. I expressly accept and assume all risks associated with my and my children’s participation in the Activity. I promise to exercise due care and enforce due care by others during my and my children’s participation in the Activity. I am aware that there may be hazards and risks involved with my participation in the Activity, including but not limited to personal injury, choking, falling, disease, or illness. I accept and assume all such hazards and risks and I assume full responsibility for any injuries or damage I and my children may sustain or cause as a result of my participation in the Activity. I am fully responsible for any costs or expenses of any kind arising out of any bodily injury or property damage sustained or caused by me and my children through me and my children’s participation in, or conduct associated with my participation in, the Activity.

I HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY, HOLD HARMLESS, AND FOREVER DISCHARGE FAB PARTIES, LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND ALL OTHER AGENTS (COLLECTIVELY, the “FAB PARTIES, LLC PARTIES”), ON BEHALF OF MYSELF, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, TRUSTEES, AND ESTATE FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION WHICH IN ANY WAY RELATE TO OR ARISE OUT OF MY PARTICIPATION IN THE ACTIVITY OR MY ENTRY UPON AND USE OF FAB PARTIES, LLC’S PROPERTY AND FACILITIES, REGARDLESS OF WHETHER CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY ACTS OR OMISSIONS OF THE FAB PARTIES, LLC PARTIES.

In the event I file a lawsuit against Fab Parties, LLC (or any of the Fab Parties, LLC Parties), I agree to do so solely in the State of South Dakota, County of Minnehaha and I further agree the substantive law of South Dakota (without regard to its conflict of law provisions) will apply in any such action. I agree, if any portion of this agreement is found to be void or unenforceable for any reason, the remaining portions shall remain in full force and effect.

I have read and understand this Release, Waiver of Liability, and Assumption of Risk in its entirety. I have had sufficient time to review and seek explanation of the provisions contained above, have carefully read them, understand them fully, and agree to be bound by them. I certify that I am over the age of 18 years and have read and voluntarily executed this Release, Waiver of Liability, and Assumption of Risk. If I am signing on behalf of my child(ren), I understand and agree they are bound by all terms of this Release, Waiver of Liability, and Assumption of Risk.

Once the equipment is set up by a FAB PARTIES, LLC representative, I agree to inspect the equipment. By utilizing the equipment after setup, I agree and accept that the equipment is in good, safe, and acceptable condition for use. I acknowledge that after set-up and inspection, no FAB PARTIES, LLC representative will be on-site until the agreed upon time for tear-down and pick-up.

Methods of Execution. This Waiver may be signed and delivered via electronic mail, (including by .pdf, .tif, .gif, .jpeg, or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) and any signature so delivered will be deemed to have been duly and validly delivered
and be valid and effective for all purposes. At the request of any party, any electronic document will be re-executed in original form by the parties who executed the electronic document.

By clicking the above button, I consent to be contacted by Fab Parties LLC and Webit, Inc. at any email address or telephone number I provide, including, without limitation, communications sent via text message to my cell phone or communications sent using an autodialer or prerecorded message. This acknowledgement constitutes my written consent to receive such communications. I agree and consent to any applicable Terms and Conditions of Use or Privacy Policy available on this website.