1. Assumption of Risk
I understand that participation in a public event such as Taste of Cardiff involves certain inherent risks, including but not limited to the consumption of food and beverages prepared by independent restaurants and vendors, allergic reactions or foodborne illness, alcohol consumption, slips, trips, or falls, crowded public environments, weather conditions, and other unforeseen hazards. I voluntarily and knowingly assume all risks, known or unknown, associated with my participation in the Event. I recognize that the event may be dangerous and accept those dangers.
2. Release and Waiver of Liability
On behalf of myself, I hereby release, waive, discharge, indemnify, and hold harmless Cardiff 101 Main Street Association, the City of Encinitas, participating restaurants and vendors, event sponsors and partners, and their respective officers, directors, employees, volunteers, contractors, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, demands, damages, liabilities, losses, costs, expenses, or judgments, including attorney’s fees and court costs, arising out of or related to my participation in the Event, including any illness, allergic reaction, food allergy, or injury resulting therefrom, except where such injury or damage is deliberately or willfully caused or results from gross negligence. I understand and agree that this waiver may be used as a defense in any legal action brought by me or on my behalf.
3. Food Consumption and Allergy Acknowledgment
I understand that food and beverages served at the Event are prepared by independent restaurants and vendors and may contain ingredients that could cause allergic reactions, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, shellfish, and other allergens. I acknowledge that event staff and volunteers may not have complete or reliable knowledge of ingredients or potential cross-contamination. I accept full responsibility for determining which foods or beverages I choose to consume and assume all risks related to food consumption. In the case of an allergic reaction, illness, or injury, I agree not to hold the Released Parties responsible for any damages, injuries, or associated legal costs.
4. Alcohol Responsibility
I acknowledge that alcoholic beverages may be served at the Event. If I choose to consume alcohol, I accept full responsibility for my consumption and agree to comply with all applicable laws regarding alcohol use. I agree to consume alcohol responsibly and arrange safe transportation if necessary. I further agree that the Released Parties are not responsible for any injury, accident, damage, or incident related to my alcohol consumption.
5. Independent Vendors
I understand that participating restaurants, vendors, and sponsors are independent businesses and are not employees, partners, or agents of Cardiff 101 Main Street Association or the City of Encinitas.
6. Emergency Medical Assistance
In the event of injury or illness during the Event, I authorize event staff or volunteers to obtain medical assistance on my behalf if necessary. I understand that I am solely responsible for any medical costs incurred.
7. Media Release and Photography Consent
When I participate in or attend the Event, I understand that I may enter an area where photography, audio recording, and video recording may occur. By entering the Event premises, I consent to interviews, photography, audio recording, video recording, and their release, publication, exhibition, or reproduction for use in news, webcasts, promotional materials, advertising, social media, websites, or any other purpose by Cardiff 101 Main Street Association and its affiliates and representatives. Such media may be used to promote current or future events and to highlight the Event.
8. Waiver of Compensation and Approval Rights
I waive any right to payment, royalties, or compensation related to the use of photographs, video, or audio recordings taken at the Event. I also waive any right to inspect or approve any media in which my likeness may appear. I release all Released Parties from any liability related to the taking, recording, digitizing, or use of such media.
9. Alcohol Service Compliance
I understand that alcoholic beverages may be served only to individuals who are 21 years of age or older and who present valid identification if requested. I agree to comply with all instructions from event staff and participating vendors regarding alcohol service. I acknowledge that vendors and event staff reserve the right to refuse service to any individual who appears intoxicated or who cannot provide valid identification. I agree not to hold the Released Parties responsible for any claims, damages, or injuries related to the refusal or limitation of alcohol service.
10. Event Modifications, Cancellation, or Weather Conditions
I understand that the Event is an outdoor community event and may be affected by weather conditions, public safety concerns, government orders, vendor cancellations, or other circumstances beyond the control of the event organizers. Cardiff 101 Main Street Association reserves the right to modify, postpone, relocate, or cancel the Event if necessary. I acknowledge that participating vendors, food offerings, and entertainment may change without notice. Except as required by law, I agree that the Released Parties shall not be responsible for any additional costs, losses, or damages incurred as a result of such changes.
11. Acknowledgment of Agreement
By checking the agreement box during ticket purchase or by attending the Event, I acknowledge that I have read and fully understand this waiver and agree to its terms voluntarily. I understand that I am giving up certain legal rights, including the right to bring legal claims against the Released Parties for ordinary negligence. I further understand that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of California and cannot be modified or changed.