FAQ

Communicable disease assumption of risk and release of liability:

This section is an acknowledgement and express assumption of risk and release of liability in any way related to Participant being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”), during or in connection with Participant/ participation in the Activity and/or Participant presence at the Uncorked At The Garden Festival or wherever the Activity is held (the “Facility”).

By participating in the Activity and/or being present at the Facility, Participant acknowledges and expressly assumes the risk that Participant may be exposed to Communicable Disease. Participant expressly understand that the risks of exposure to Communicable Disease include contracting Communicable Disease and the associated dangers, medical complications (including death) and physical and mental injuries, both foreseen and unforeseen, that may result from contracting Communicable Disease.

Participant further acknowledges and understands that Participant interaction with Activity staff, participants and any other individuals present at the Facility poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, that it cannot be guaranteed that Participant will not be exposed to Communicable Disease, and that potential exposure to or contraction of Communicable Disease while participating in the Activity and/or being present at the Facility are risks that cannot be eliminated. If infected with Communicable Disease, Participant acknowledges and understands that Participant/Participant’s child may subsequently infect others, even if Participant/Participant’s child don’t experience or display any symptoms.

In connection with the foregoing, Participant agrees that Participant will not participate in the Activity or be present at the Facility if, within five (5) days preceding the Activity, Participant (i) tested positive or presumptively positive for Communicable Disease or was identified as a potential carrier of Communicable Disease, (ii) experienced any symptoms commonly associated with Communicable Disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; (iii) traveled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” Advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”) and/or (iv) was in direct contact with or the immediate vicinity of any person who is either confirmed or suspected of being infected with Communicable Disease or who has travelled to a Prohibited Country within five (5) days preceding Participant/Participant’s child’s encounter with such person. Participant further agrees that Participant will submit to any health screening and/or Communicable Disease testing that may be required as a condition of Participant participation in the Activity and/or presence at the Facility.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY WAIVE, RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES FOR, AND THE RELEASEES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE BY ME/MY CHILD OR ANY OTHER INDIVIDUAL INFECTED BY ME/MY CHILD, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASEES AND/OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE ACTIVITY AND/OR BEING PRESENT AT THE FACILITY DURING A COMMUNICABLE DISEASE PANDEMIC.

By purchasing a ticket to Uncorked At The Garden Festival, I acknowledge that I have read this Agreement, fully understand its terms, understand that I have given up substantial rights by attending at the event, and did so freely and voluntarily without any inducement.

OTHER TERMS AND CONDITIONS:

By accessing our website, you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Entry to the Uncorked At The Garden Festival is solely at the discretion of security and/or the Festival Organizers at the time of the event. No persons under the age of 21 will be permitted entry to the festival. We may conduct security searches upon entry at our discretion to ensure the safety of all festival goers.

The Uncorked At The Garden Festival, Guidon Creative, LLC, Rotary Club of Cheat Lake & the WV Botanic Garden cannot accept responsibility or liability for any personal property or belongings that is lost, stolen or damaged, and cannot accept responsibility or liability for any personal injury, accident or illness.

Ticket holders or attendees of the event consent to being filmed, photographed, and recorded as members of the audience. The resulting film footage, images and recordings may be used to promote the Uncorked At The Garden Festival in print, various forms of media, and on websites. You consent that the footage remains our property and we may use it in conjunction with promotion of our event however we choose.

The ticket holder must comply with all relevant statutes, laws, safety announcements, and regulations while attending the event. Breach of any of these conditions or any unacceptable behavior likely to cause damage, nuisance or injury shall enable Uncorked At The Garden Festival, its security personnel, volunteers, staff, or festival organizers to eject the ticket holder from the festival site without a refund.

These Terms and Conditions are subject to change without notice and were last updated 1-20-2023