L/A BACKYARD BEERFEST DISCLAIMER, TERMS AND
CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND
INDEMNITY AGREEMENT
All Ticket Holders acknowledge that by
purchasing or by being provided tickets for L/A BACKYARD BEERFEST, 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 L/A BACKYARD BEERFEST, and all Ticket Holder's heirs,
executors, administrators and representatives.
L/A BACKYARD BEERFEST Organizers: Baxter
Brewing Co., Baxter Outdoors, Lost Valley
L/A BACKYARD BEERFEST 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 L/A
BACKYARD BEERFEST. 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.
L/A BACKYARD
BEERFEST 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 L/A BACKYARD BEERFEST security while entering event, during event
or during departure from event.
Ticket Holder
expressly grants L/A BACKYARD BEERFEST 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 L/A
BACKYARD BEERFEST, and to use such recordings for any purpose and in any medium
now known or hereafter devised. Ticket Holder releases L/A BACKYARD BEERFEST
organizers from liability for any such uses, including claims for infringement
of any privacy, publicity or other rights and other claims of any kind.
L/A BACKYARD
BEERFEST organizers encourage responsible consumption of alcoholic beverages at
L/A BACKYARD BEERFEST. 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 L/A BACKYARD BEERFEST
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 Baxter Brewing Co. allowing
Ticket Holder to voluntarily participate in The L/A Backyard Beerfest, each
Ticket Holder agrees:
1. TO ASSUME AND ACCEPT ALL RISKS arising out
of, associated with or related to Ticket Holder's participating in L/A BACKYARD
BEERFEST, even though such risks may have been caused by the negligence of
Baxter Brewing Co., Baxter Outdoors, or Lost Valley
2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY,
LOSS OR DAMAGE which Ticket Holder might sustain participating in L/A BACKYARD
BEERFEST, even though such injury, wrongful death, loss or damage may have been
caused by the negligence of Baxter Brewing Co., Baxter Outdoors, or Lost Valley
3. TO HOLD HARMLESS AND INDEMNIFY Baxter
Brewing Co., Baxter Outdoors, and Lost Valley 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 L/A BACKYARD BEERFEST; and
4. TO INDEMNIFY AND HOLD HARMLESS Baxter
Brewing Co., Baxter Outdoors, and Lost Valley, 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 L/A BACKYARD BEERFEST, even
though such claims, demands, actions and costs may have been caused by the
negligence of Baxter Brewing Co., Baxter Outdoors, and Lost Valley.
DESCRIPTION OF RISKS
In consideration of Ticket Holder's voluntary
participation in L/A BACKYARD BEERFEST and all activities related to the event,
Ticket Holder acknowledges awareness of the possible RISKS, DANGERS AND HAZARDS
associated with L/A BACKYARD BEERFEST, 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 L/A BACKYARD
BEERFEST, especially the risks of operating a motor vehicle after consuming
alcohol.
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 Baxter Brewing Co., Baxter Outdoors, and
Lost Valley 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 L/A BACKYARD BEERFEST tickets
represents their voluntary act and evidences their agreement to the terms
described herein, each intending to be bound by same.