Alys Beach Event Waiver & Release

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).