By acceptance and/or use of a ticket, or any
electronic form thereof, (collectively, the “Ticket”) for the event (“Event”)
at Alys Beach arranged, organized, sponsored or sanctioned by The Alys
Foundation, EBSCO Gulf Coast Development, Inc. or its affiliates (collectively,
“AB”), the Ticket holder (“I”), on behalf of (i) myself and/or (ii) any
accompanying party for whom I retain a ticket to attend the Event with me (each
of whom I represents have authorized me to act on their behalf in accepting
this Event Waiver and Release)(collectively with any accompanying minor an
“Accompanying Party”), agree as follows:
- 1.I represent that I am 18 years of age or older. If I
am procuring the Ticket on behalf of an Accompanying Party, I will ensure,
and I represent and warrant, that each Accompanying Party on whose behalf
I book has read and agreed to this Release and Waiver, which shall apply
to each of them as if the reference to "I" was a reference to
him/her.
- 2.I understand and acknowledge that attendance at
or participation in the Event may be hazardous and may carry the risk
of injury or illness, including sickness, physical injury, property
damage, disability, permanent paralysis, and death.
- 3.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
I KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND
UNKNOWN, OF ATTENDANCE AT OR PARTICIPATION IN THE EVENT, EVEN IF THOSE
RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF AB, OTHERS OR DEFECTS
IN THE ALYS BEACH PREMISES USED DURING THE EVENT, OR OTHERWISE, AND I
ASSUME FULL RESPONSIBILITY FOR ATTENDANCE AT OR PARTICIPATION IN THE
EVENT.
- 4.I acknowledge and agree that:
- I have reasonably assessed the risks involved in the
Event and have made an informed and voluntary choice to participate. - I alone am responsible for determining my fitness for
participating in the Event and my ability to fully understand any
directions or warnings presented. - I will not attend or participate in the Event when I
have a physical, medical, or mental limitation or disability, or when I am
aware or should reasonably be aware of any factors that may limit or
prevent me from safely attending or participating in the Event. - I will act reasonably and responsibly and will comply
with any posted rules and provided and customary conditions, directions,
and/or precautions for participation in the Event. - AB will have the unrestricted right and license to use
my image, likeness, name, voice, comments and/or other proprietary or
public rights and/or those of and Accompanying Party in any live or
recorded broadcast, photograph, video, audio, audiovisual and/or other
recording taken in connection with the Event or other transmission,
distribution, public performance, or reproduction in whole or in part of
the Event, for all purposes, worldwide, in perpetuity, and in any and all
media now or hereafter known, without compensation. The rights granted
herein are assignable.
- 5.TO THE MAXIMUM EXTENT PERMITTED BY LAW, I (FOR MYSELF
AND EACH ACCOMPANYING PARTY) RELEASE AND PROMISE NOT TO SUE AB AND ALL
AFFILIATED COMPANIES, EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, STOCKHOLDERS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE
“RELEASEES”) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER
ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY
NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH ATTENDANCE AT OR
PARTICIPATION IN THE EVENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
- 6.I intend this Waiver and Release to be a complete and
unconditional release of all liability to the greatest extent allowed by
law. I agree that if any portion of this Waiver and Release is held to be
invalid, the balance notwithstanding shall continue in full force and
effect.
- 7.TO THE MAXIMUM EXTENT PERMITTED BY LAW, AB PROVIDES
THE ALYS BEACH PREMISES AND EVENT “AS IS,” WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AB EXPRESSLY DISCLAIMS ANY
WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT,
AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO ME.
- 8.I agree that if, despite this Waiver and Release, I
or anyone on my behalf, make a claim against a Releasee relating to
attendance at or participation in the Event, I will indemnify and hold
such Releasee harmless from any liability, demand, loss, damage, or costs
which such party may incur as the result of such claim.
- 9.This release is binding on me and my heirs,
successors, assigns, personal representatives and estate, and shall inure
to the benefit of me, AB, each of the Releasees and our respective
successors and assigns. Each of the Releasees shall be third party
beneficiaries of this Waiver and Release and entitled to enforce this
Waiver and Release in accordance with its terms. All matters arising out
of or relating to this Waiver and Release shall be governed by and
construed in accordance with the internal laws of the State of Florida
without giving effect to any choice or conflict of law provision or rule
(whether of the State of Florida or any other jurisdiction).