WAIVER

GUEST ACKNOWLEDGMENT AND STATEMENT OF COMPLIANCE

Contagious Nature of COVID-19

The novel coronavirus (“COVID-19”) is a highly infectious, life-threatening disease declared by the World Health Organization to be a global pandemic. COVID-19’s highly infectious nature means that contact with others, or contact with surfaces that have been exposed to the COVID-19 virus, may lead to infection regardless of a given individual’s vaccination status. Additionally, some individuals who contract COVID-19 are asymptomatic. Because of COVID-19’s highly contagious, and sometimes asymptomatic, nature, it is still very difficult to control the spread of COVID-19 despite the imposition and execution of numerous safety precautions. 

Agreement to Comply with Taste Washington Rules

Aware of the nature of COVID-19, you, those joining you at Taste Washington, an event of Sound Excursions, LLC, d/b/a SE Productions, and any persons for whom you have purchased a ticket or dining experience for at Taste Washington and who attend Taste Washington (collectively, the “Guests”) are voluntarily entering Lumen Field to attend Taste Washington. You and the other Guests understand that Taste Washington has put in place safety rules and precautions in order to mitigate the spread of COVID-19, which rules and precautions may be updated at any time. By visiting Taste Washington you and your other Guests agree to comply with Taste Washington’ rules which include, but are not limited to:

  • Staying home if experiencing COVID-19 symptoms: symptoms include, but are not limited to, fever or chills, cough, shortness of breath or difficulty breathing, loss of taste or smell, and fatigue.

  • Practicing social-distancing guidelines and maintaining a 6-foot distance from those not in your party.

  • Wearing an appropriate face covering at all times when not eating or drinking.

  • Limiting group size to 10 people.

  • Sanitizing your hands upon arrival at Taste Washington and as necessary throughout your visit at Taste Washington.

  • Complying with any and all rules posted at the venue or otherwise communicated to you prior to or during the Taste Washington event.

  • All Guests must be 21 years of age or older and have valid ID. No children or infants are permitted.

  • No pets are permitted.

  • No re-entry.

  • No outside food or beverage.

By visiting Taste Washington you and the other Guests confirm that you have read, understand, and will comply with Taste Washington’ rules.   

Taste Washington reserves the right, without the refund of any portion of the ticket purchase price, to refuse admission or to eject any Guests who fail to comply with Taste Washington’ rules or applicable laws or guidelines, including but not limited to those related to COVID-19.

Acknowledgment and Assumption of Risk

COVID-19

To comply with Centers for Disease Control and Prevention (“CDC”) guidelines, state and local laws and guidelines, and public health best practices during the COVID-19 outbreak and aftermath, we respectfully ask that by attending Taste Washington at Lumen Field, you acknowledge and agree that and the other Guests are fully aware of the symptoms of COVID-19 and confirm that none of the Guests are experiencing any such symptoms, nor do any of the Guests have reason to suspect that they have been exposed to COVID-19 within the past 14 days. Additionally, fully understand that Sound Excursions, LLC and Taste Washington cannot guarantee that the facility, its guests, its contractor, or its employees are free of the COVID-19 virus.

We are asking that our valued guests and visitors, including the Guests, follow all recommended CDC and Washington State Department of Health guidelines relating to COVID-19. We are all responsible for practicing the preventative steps recommended by the CDC and the Washington State Department of Health and your thoughtful attention to these guidelines is needed to help prevent the spread of COVID-19.

In connection with your visit to Taste Washington at Lumen Field, we are requiring the acknowledgement and consent to the following terms:

I, on my own behalf and on behalf of the other Guests, acknowledge that the Guests fully understand that COVID-19 is highly contagious, and that although Taste Washington is taking reasonable efforts to mitigate contamination risks, all risk of exposure cannot be fully eliminated. As such, the Guests are assuming the inherent risk of exposure to COVID-19 by visiting and/or dining with us or any other public place offering dining services. In consideration of visiting Taste Washington at Lumen Field, the Guests hereby waive and release Lumen Field, its owners and managers, Sound Excursions, LLC, Taste Washington, and each of their respective affiliates, subsidiaries and employees from any and all claims, liabilities, damages, actions or costs directly or indirectly arising from or in connection with potential or actual exposure to COVID-19 at Taste Washington at Lumen Field (or at any medical facility or testing center visited subsequently) including, but not limited to, any illness, injury, loss of work, loss of wages, trauma, emotional distress, medical expenses or death suffered in connection therewith. 

Inherent Risks and Pop-Up Nature of the Dining Experience

The safety of all event guests, including the Guests, is our number one priority. You and the Guests voluntarily assume all risks and danger incidental to Taste Washington, whether occurring prior to, during, or after the event.

Further, I, on my own behalf and on behalf of the other Guests, acknowledge that myself and the other Guests fully understand that Taste Washington is a pop-up dining experience created to offer a dining experience under the state’s current COVID-19-related laws and protocol, I on behalf of myself and on behalf of the other Guests, hereby release, acquit, and hold harmless Sound Excursions, LLC, Taste Washington, and all affiliates from any and all causes of action related to attendance at the dining experience related to the inherent risks of the event and pop-up nature of the dining experience, including any claims related to tents, heating, COVID-19 prevention measures, electrical work, and other foreseeable risks. I, on my own behalf and on behalf of the other Guests, acknowledge that the Guests fully understand that the pop-up nature of the dining experience may pose certain risks, and that although Taste Washington is taking reasonable efforts to mitigate these risks, all risks cannot be fully eliminated. In consideration of visiting Taste Washington, the Guests hereby waive and release the property owner, property manager, Sound Excursions, LLC, Taste Washington, and each of their respective affiliates, subsidiaries and employees from any and all claims, liabilities, damages, actions or costs directly or indirectly arising from or in connection with the pop-up nature of the dining experience including, but not limited to, any illness, injury, loss of work, loss of wages, trauma, emotional distress, medical expenses or death suffered in connection therewith. 

Receipt and Understanding of These Terms by all Guests

By visiting Taste Washington at the Muckleshoot Plaza at Lumen Field I acknowledge, on my behalf and on behalf of the other Guests, that I have informed all Guests of these terms, that the Guests fully understand the waiver set forth above, and that each of the Guests fully accepts all risks posed by the dining experience and risk of exposure to COVID-19 and the pop-up nature of the Taste Washington in connection with visiting Taste Washington at Lumen Field.

 

For more information on COVID-19, please visit the CDC guidelines at https://www.cdc.gov/coronavirus/2019-ncov/faq.html.

I, on my own behalf and on behalf of the other Guests that I purchase tickets to Taste Washington for, permit Taste Washington, Sound Excursions, LLC, Lumen Field, and their respective affiliates and assigns to use and exploit the names, likeness, image, voice and other identity of any of the Guests at the Taste Washington for the purposes of (a) providing information to the general public about the dining experience and events at the Lumen Field Stadium Complex, (b) advertising and promoting Taste Washington, (c) if applicable, selling, soliciting and promoting the purchase of tickets for Sound Excursions, LLC’s other experiences or any merchandise, goods, or services associated with Sound Excursions, LLC’s experiences, and (d) general promotion of Lumen Field.

By purchasing a ticket to Taste Washington, you agree to our terms, conditions and waiver.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND PHOTO RELEASE

Please read and be certain you understand the implications of attending the event.

Alcohol, Drugs, & Illegal Substances

The possession or use of illegal or illicit drugs is strictly prohibited while attending and participating in any Taste Washington event. All participants must be 21 years of age to drink and must do so responsibly. The excessive consumption of alcohol and all violent or inappropriate behavior as a result of alcohol consumption, or otherwise will not be tolerated and we reserve the right to pursue disciplinary action. Participants found to be in violation of the policies set forth by Sound Excursions may immediately be removed from a Taste Washington event at their own cost and no refund will be granted. Taste Washington also retains the right to notify local law enforcement immediately. Taste Washington’s choice not to take disciplinary action immediately is not a waiver of its rights against an individual at a later date.

Express Assumption of Risk Associated with Recreational Activities.

I do hereby affirm and acknowledge that I/my child/ward do/does not suffer from any known disability or condition which would prevent or limit my minor child / ward’s participation in the activity or event that I or my minor child / ward desires to attend and participate in. I further affirm and acknowledge that I fully understand that there may be inherent hazards and risks associated with the activity or event in which I or my minor child / ward will attend and participate, including my or my minor child / ward’s own transportation to and from the event location. I have fully informed myself of all of the details of the event and associated activities and I understand that inherent hazards and risks may include but are not limited to:

  1. Risk of significant injury from the activity and/or event including the potential for permanent disability and death.

  2. Risk associated from outdoor activities, including but not limited to exposure to elements, excessive heat, hypothermia, impact of the body upon the snow, encountering objects either natural or man-made, exposure to animals with the attendant risk of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury or death.

  3. My or my minor child’s own negligence and/or the negligence of others, including but not limited to operator or instructor error and/or decision making.

  4. Fatigue, chill, alcohol consumption and/or dizziness, which may diminish my reaction time and increase the risk of accidents both during the event and after.

*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

Release of Liability, Waiver of Claims, Indemnity Agreement, and Photo Release

In consideration for being or having my minor child / ward being permitted to participate in the Taste Washington event I desire to purchase and related activities, I hereby agree, acknowledge, and appreciate that:

  1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, (herein referred to as “releases”): Sound Excursions, LLC – A Washington corporation doing business as Sound Excursions, Taste Washington, SE Productions, and its subsidiary affiliates.

  2. To release the releasees, their officers, directors, employees, contractors, representatives, agents, and volunteers, vessels, and its parent and subsidiary affiliates from liability and responsibility whatsoever for any claims or causes of action that I, or my minor child/ward, my or my minor child/ward’s estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities which I or my minor child/ward desires to participate in, whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property arising out of, connected with, or in any way related to the event of or activities me or my minor child desires to participate herein.

  3. I hereby give releasees, their officers, directors, employees, contractors, vendors, affiliates, and agents, and its assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use and make photographs (still, film, tape or otherwise), to use and record with a video or audio recording device, my or my minor child/ward’s name (or any fictional name), picture, portrait, photograph, and/or likeness in all forms and in all media and in all manners (“Likeness”), without any restriction as to changes or alterations (including but not limited to blurring, distortion, alteration, optical illusion, or use in composite form, or derivative works of my or my minor child/ward’s Likeness made in any medium, whether intentional or otherwise) in connection with the activity(ies) through the releases’ business, products and/or services, including but not limited to for advertising, for publication or any other lawful purposes. I waive any right to inspect, modify, or approve any intermediary version(s) or finished version(s) of the results of the use of my or my minor/ward’s Likeness (“Results”). I waive any right to further compensation on behalf of myself and my minor child / ward.

  4. In the event of an emergency, I authorize releases to secure, from any licensed hospital, physician, and/or other medical personnel, any treatment deemed reasonable and necessary for myself and/or my minor child/ward’s immediate care and agree that I will be responsible for payment for any and all such treatment rendered.

  5. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this agreement.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

BY PARTICIPATING IN THE EVENT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND YOU FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY ATTENDING THE EVENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I REPRESENT THAT I AM OVER 18 AND LEGALLY COMPETENT TO EXECUTE THIS AGREEMENT, WHICH SHALL BE A BINDING COMMITMENT.