Terms of Participation

Participant Waiver & Hold Harmless Agreement

Acknowledgment and assumption of risk in participating in the annual Cherokee National Holiday hosted by Cherokee Nation.

You, the Participant who submits the Application Form hereby agrees to release and discharge Cherokee Nation, acting by and through the Cherokee National Holiday Office or other affiliated Cherokee Nation planning committees, on behalf of yourself, your heirs, assigns, personal representatives, and estate the following:

I understand and acknowledge that the activity I am about to voluntarily engage in as a Cherokee National Holiday Participant bears certain known and unknown risks which could result in injury to myself and/or to/from third parties.

Being aware that participation in the festival entails known and unknown risks of injury to me and risk of injury from third parties, I expressly agree to accept and assume all responsibility resulting from my participation in the Cherokee National Holiday. My participation in this event(s) is purely voluntary, no one is forcing me to participate, and I elect to participate despite the potential risks.

I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify the sponsors, their agents or employees, and all other persons or entities from all liability, claims, demands, actions, or rights of actions which are related to or arise out of or are anyway connected with my participation in this festival.

This release holds harmless and indemnity conditions apply to those underage children whose parents and/or guardians sign this Acknowledgment and Assumption of Risk form for children in their charge.

Should it become necessary for the Cherokee Nation, Sponsors or other entities to incur legal fees and costs associated with enforcing this Agreement or any portion hereof, I agree to pay such legal fees and all other reasonable costs.

I understand that Cherokee Nation may or may not maintain any insurance policy covering any circumstances arising from my participation in this activity or any event related to that participation. As such, I agree to carry adequate medical insurance and/or personally be held liable in the coverage of any accrued medical expenses derived from my participation in the Cherokee National Holiday.

It is my express intent that this Covenant Not to Sue and Agreement to Hold Harmless shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be governed by the laws of the State of Oklahoma and Cherokee Nation.

My submission of the Application Form indicates that I have read this agreement, understand it, understand that it affects my legal rights, and agree to be bound by its terms.

 

Denial of Participation

Cherokee Nation Holiday staff reserve the right to deny participation if the Participant fails to comply with festival policies/standards or fails to complete any of the required information for participation eligibility or if participation was denied for any other reason.

Please mail any requests for appeal to Cherokee Nation, Department of Commerce, National Holiday Staff, and P.O. Box 948, Tahlequah, OK 74465. All appeals must be made in writing.