Atlanta Cask Ale Tasting (ACAT) - January 20, 2024
DISCLAIMER, TERMS AND CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
All Ticket Holders or volunteer workers acknowledge
that by purchasing or by being provided tickets for ACAT, they have fully read
this agreement, executed this agreement voluntarily, and that this agreement is
to be binding upon all Ticket Holders, all members of Ticket Holder's party
attending ACAT, and all Ticket Holder's heirs, executors, administrators and
representatives.
ACAT Organizers: Brewtopia Events LLC and The Bold Monk Brewing
Company.
ACAT Ticket Holder expressly agrees to the following
terms and conditions:
Each Ticket Holder
and attendee must be 21+ in age. NO ONE under the age of 21, including children
in strollers or carriers accompanying their parents, will be admitted to ACAT.
No exceptions.
There are NO
refunds on tickets for any reason. All sales are final.
It is understood
that some beers will run out before the end of the event.
ACAT organizers
have no responsibility (financial or otherwise) for event cancellation,
interruption on inconvenience due to inclement weather or other circumstances
beyond their control. Ticket Holder is not eligible for any refund due to
postponements or cancellation on account of such circumstances.
Any container,
purse, bag or other property in Ticket Holder's possession is subject to
inspection by event security personnel while entering event, during event or
during departure from event.
Ticket Holder
expressly grants ACAT organizers the non-exclusive, irrevocable, transferable,
perpetual right and license to publish, print, display, record and use (by
photograph, film, video, audio or any other method or device) Ticket Holder's
name, voice, image and likeness while at ACAT, and to use such recordings for
any purpose and in any medium now known or hereafter devised. Ticket Holder
releases ACAT organizers from liability for any such uses, including claims for
infringement of any privacy, publicity or other rights and other claims of any
kind.
ACAT organizers
encourage responsible consumption of alcoholic beverages at ACAT. If Ticket
Holder has any reason to suspect that his/her driving ability may be impaired
or will be unsafe, Ticket Holder agrees to arrange for alternate transportation
or to speak with an ACAT representative, who will arrange for alternate
transportation back to Ticket Holder's destination point (at Ticket Holder's
expense).
DISCLAIMER AND INDEMNIFICATION
In return for Brewtopia Events
LLC and The Bold Monk Brewing Company allowing Ticket Holder to voluntarily
participate in The Atlanta Cask Ale Tasting (ACAT), each Ticket Holder agrees:
1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to Ticket
Holder's participating in ACAT, even though such risks may have been caused by
the negligence of Brewtopia Events LLC and/or The Bold Monk Brewing Company;
2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Ticket Holder might sustain participating in
ACAT, even though such injury, wrongful death, loss or damage may have been
caused by the negligence of Brewtopia Events LLC and/or The Bold Monk Brewing
Company;
3. TO HOLD HARMLESS AND INDEMNIFY Brewtopia Events LLC and The Bold Monk Brewing Company
from any and all liability for any damage to the personal property of, or
personal injury to, any third party resulting from Ticket Holder's
participation in ACAT; and
4. TO INDEMNIFY AND HOLD HARMLESS Brewtopia Events LLC, its organizers, associates,
directors, officers, employees, volunteers, members, charity and
representatives from any and all claims, demands, actions and costs which might
arise out of Ticket Holder's participating in ACAT, even though such claims,
demands, actions and costs may have been caused by the negligence of Brewtopia
Events LLC and/or The Bold Monk Brewing Company.
DESCRIPTION OF RISKS
In consideration of Ticket
Holder's voluntary participation in ACAT and all activities related to the
event, Ticket Holder acknowledges awareness of the possible RISKS, DANGERS AND
HAZARDS associated with ACAT, including the possible risk of severe or fatal injury to Ticket Holder or others. These risks include but are not limited to
the following:
a) intoxication
and/or alcohol poisoning from the alcohol that Ticket Holder consumes, whether
voluntarily or through coercion;
b) the possibility of
any type of bodily injury (broken bones, soft tissue damage, dental damages)
from falling down, being knocked down or being involved in a physical
confrontation, whether caused by Ticket Holder or someone else;
c) the risks
associated with returning to Ticket Holder's residence or traveling to any
destination after ACAT, especially the risks of operating a motor vehicle after
consuming alcohol.
d) health
complications due to consumption of food or beverages with any allergens.
e) health
complications due to infection with COVID-19 or any other infectious disease.
All Ticket Holders agree to abide by the event's CODE OF CONDUCT:
ACAT is dedicated to a harassment-free festival experience for everyone, regardless of gender, age, sexual orientation, disability, physical appearance, race or religion. We do not tolerate harassment in any form. All communication should be kind, appropriate and inclusive for all audiences, including people of diverse backgrounds, sexual orientations and cultures. Sexual language, harassment and imagery are never appropriate. All festival participants are expected to conduct themselves with responsibility, integrity, courtesy and respect for others. Participants violating these rules will be asked to leave at the sole discretion of the festival host and/or organizers.
All Ticket Holders understand and agree that there is no
liability for an injury or death of an individual entering this event if such
injury or death results from the inherent risks of contracting COVID-19 or any
other infectious disease. All Ticket Holders assume these risks by entering and attending.
In the event a court of
competent jurisdiction shall hold any provision of this Agreement to be
invalid, illegal or unenforceable, the validity, legality and enforceability of
the remaining provisions shall not in any way be affected or impaired
thereby. This Agreement is the product of negotiations between Brewtopia
Events LLC, The Bold Monk Brewing Company, and the voluntary participants (Ticket
Holders). Ticket Holders hereto acknowledge that they have participated in the
negotiation of this Agreement. Furthermore, this Agreement shall not be
construed against either Party by reason of such Party having been or having
been deemed to have structured, dictated, or drafted this Agreement. The
Parties to this Agreement acknowledge that each of the Parties have been given
an opportunity to review this Agreement with counsel and that their purchase of
ACAT tickets represents their voluntary act and evidences their agreement to
the terms described herein, each intending to be bound by same.