In consideration of the risk of injury while participating in Wunder Markets and as consideration for the right to participate in the Activities, prep work, and/or workdays, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in these Activities.

And do hereby release and forever discharge WunderHaus Inc., located at 900 Locust Ave., Conway, Arkansas 72034, WunderHaus Inc., their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that a vendor may suffer as a direct result of my participation in the aforementioned Activities, including traveling to and from an event related to this Activity.

I am voluntarily participating in the aforementioned Activities and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in Activities, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in these Activities, including travel to, from and during the Activity.

I agree to indemnify and hold harmless WunderHaus Inc. against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensations or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Wunderhaus Inc. incurs any of these types of expenses, I agree to reimburse WunderHaus Inc.

I acknowledge that WunderHaus Inc. and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of WunderHaus Inc.

I acknowledge that this Activity may/may not involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/of the event.

I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge WunderHaus Inc. And all of its manager, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against WunderHaus Inc. for personal injury or property damage.

To the extent that statute or case law does not prohibit releases for negligence this release is also for negligence or the part of WunderHaus Inc, its agents, and employees.

In the event that any damage to equipment or facilities occurs as a result of me or my entity’s willful actions, neglect or recklessness. I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and WunderHaus Inc. agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

If in the event that any provision contained within this Release of Liability shall be deemed to be invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement, shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, then said provision shall be deemed to be writer, construed and enforced as so limited.