FOOD ALLERGY RELEASE AND WAIVER OF LIABILITY

For consideration of participation in, and the receipt of services, food, and beverage (collectively, the “Services”) from Backpack Society, a Colorado nonprofit corporation (“Backpack Society”), I hereby waive and release the Backpack Society, its chapters, directors, officers, administrators, board members, representatives and executors, employees, volunteers, agents, supervisors, participants, landlords, lessors, assigns, and sponsors, (whether past and present), and each of their respective representatives, successors and assigns (collectively, the “Releasees”), from any and all claims, losses, liabilities, damages, actions, or causes of action arising out of or relating to an injury to me (or my child), or the minor for whom I am appointed legal guardian or for whom I am otherwise legally responsible, as appropriate) (hereinafter, the “Releasor”) related to any food/beverage allergies, choking, anaphylactic shock, and any other allergy-related medical condition and reaction (each individually, a “Reaction”) and from any and all claims, losses, liabilities, damages, actions, or cause of actions arising from or relating to Releasor’s receipt, use, or enjoyment of the Services.

 

*WARNING* ALLERGY RISK

The following is a statement in which you are informed of a specific risk associated with food allergies. The specific risk is in addition to any other risks that may arise from receiving or consuming food or beverages or other incidents that may arise from the Services. Backpack Society is not responsible for offering allergy-friendly meals, meals tailored to the specific needs of any individual recipient, or labeling every ingredient or food component on their meals. The food storage facility and the delivery vehicles utilized by Backpack Society are not allergen-free and cross-contamination may occur. When notified of the need to produce allergen-free meals, Backpack Society may, but is not required to, take extra precaution to prevent cross-contamination, however, cross-contamination may still occur. We wish to advise you that because of the methods in which food is packaged and delivered, we cannot guarantee that traces of the food that you may be allergic to are not present in the meals that you are served. This may include but is not limited to nuts, gluten, eggs, dairy, etc. If this presents medical issues for yourself or those in your household, then you need to consult a medical doctor and make an informed decision on whether or not to receive and consume food provided by Backpack Society.

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Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue

In consideration for receiving the Services, Releasor voluntarily agrees, on behalf of myself, my family, and all heirs, assigns, executors, and administrators, to the following:

 

1. TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by Releasor, or any loss or damage to property owned by Releasor, as a result of a Reaction arising from the Services.

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2. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, litigation costs or expenses, actions and causes of action whatsoever (whether sounding in contract, tort, or statute), that Releasor might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by Releasor, or to any property belonging to Releasor, as a result of a Reaction arising from the Services, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the negligence or carelessness of the Releasees.

 

3. SEVERABILITY. If any covenant, term, condition, or provision of this release and waiver of liability is, for any reason, held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision will not affect any other provision herein contained.