Sparks of Giving 2026 – Attendance Waiver & Release
1. Assumption of Risk
Participant understands that Sparks of Giving is an outdoor event that may include, but is not limited to, live entertainment, crowds, uneven terrain, loud music and sound, fireworks and pyrotechnics, lighting effects, children's activities, vendors, food and beverage service (including alcohol), temporary structures, golf course hazards, parking and shuttle transportation, weather conditions, and other activities associated with a public festival. Participants voluntarily assume all risks of personal injury, illness (including communicable diseases), property damage, or loss arising from attendance or participation in the event.
2. Waiver & Release of Liability
To the fullest extent permitted by law, Participant releases and forever discharges The Zoar View Foundation, Wilkshire Golf Course & Event Center, the event organizers, sponsors, vendors, exhibitors, performers, contractors, volunteers, security personnel, venue owners, and each of their respective officers, directors, employees, agents, representatives, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind arising from or related to Participant's attendance or participation in the event, including claims arising from the ordinary negligence of any Released Party. This release does not apply to claims arising from gross negligence, willful or wanton misconduct, or where prohibited by applicable law.
3. Indemnification
Participant agrees to defend, indemnify, and hold harmless the Released Parties from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of Participant's actions, omissions, violation of event rules or applicable laws, or participation while impaired or otherwise acting in an unsafe manner.
4. Medical Authorization
If Participant becomes ill or injured during the event, Participant authorizes the administration of first aid and, if necessary, emergency medical treatment and transportation. Participant releases the Released Parties from liability related to the provision or failure to provide such care, except where prohibited by law.
5. Alcohol Responsibility
Participant agrees to consume alcoholic beverages responsibly and in accordance with all applicable laws. The event reserves the right to refuse alcohol service to any individual. Participant accepts full responsibility for their actions and agrees not to operate a motor vehicle while impaired.
6. Photography & Media Release
Participant grants the Released Parties permission to photograph, video record, livestream, or otherwise capture Participant's image, voice, and likeness during the event and to use such media for promotional, advertising, educational, archival, or other lawful purposes in any format or media, now known or later developed, without compensation or further approval.
7. Minors
All minors must be accompanied by a parent or legal guardian during check-in. By checking in a minor, the parent or legal guardian acknowledges acceptance of this Waiver & Release on the minor's behalf, assumes all associated risks, and agrees to the provisions contained in Sections 2 through 6.
8. Event Rules & Removal
Participant agrees to comply with all posted event rules and all lawful instructions from event staff, volunteers, and security personnel. The Released Parties reserve the right to deny admission or remove any individual whose behavior is unsafe, disruptive, unlawful, or otherwise inconsistent with the safe operation of the event. Removal may occur without refund.
9. Governing Law
This Agreement shall be governed by the laws of the State of Ohio. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Venue for any legal action relating to this Agreement shall be the state or federal courts located in Tuscarawas County, Ohio. This Agreement constitutes the entire understanding between the Participant and the Released Parties regarding the matters addressed herein.
Acknowledgment
By checking in, entering the event, or using an event ticket, Participant acknowledges that they have read, understand, and voluntarily agree to the terms of this Attendance Waiver & Release.
If you do not agree to these terms, do not enter or participate in Sparks of Giving 2026.