Macon Beer Fest (MBF) Liability Waiver

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 the Macon Beer Fest (MBF), 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 the Macon Beer Fest, and all Ticket Holder's heirs, executors, administrators and representatives and those individuals hold harmless the Macon Beer Fest Organizers: The Rotary Club of Downtown Macon, Rotary International, and Macon-Bibb.

Beer Fest Ticket Holder expressly agrees to the following terms and conditions:

• Each Ticket Holder must be 21+ in age. NO ONE under the age of 21 may participate in the consumption of alcohol. No exceptions.

• It is understood that some beers will run out before the end of the event.

• Macon Beer Fest organizers have no responsibility (financial or otherwise) for event cancellation, interruption or 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 the Ticket Holder's possession is subject to inspection by the Macon Beer Fest security while entering the event, during the event, or during departure from the event.

• Ticket Holder expressly grants the Macon Beer Fest 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 the Macon Beer Fest, and to use such recordings for any purpose and in any medium now known or hereafter devised. Ticket Holder releases the Macon Beer Fest organizers from liability for any such uses, including claims for infringement of any privacy, publicity, or other rights and other claims of any kind. 

• Macon Beer Fest organizers encourage responsible consumption of alcoholic beverages at the Macon Beer Fest. 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 a Macon Beer Fest representative, who will help arrange for alternate transportation if possible back to Ticket Holder's destination point (at Ticket Holder's expense).

DISCLAIMER AND INDEMNIFICATION

In return for the Rotary Club of Downtown Macon, its affiliates, Macon-

Bibb, and Pints for Prostates allow Ticket Holder to voluntarily participate in The Macon Beer Fest, each Ticket Holder agrees:

1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to Ticket Holder's participating in the Macon Beer Fest, even though such risks may have been caused by the negligence of Rotary Club of Downtown Macon, Mainstreet Macon, Macon-

Bibb, Pints for Prostates, and the Macon Beer Fest ;

2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Ticket Holder might sustain participating in the Macon Beer Fest, even though such injury, wrongful death, loss or damage may have been caused by the negligence of Rotary Club of Downtown Macon, Mainstreet Macon, Macon-Bibb, Pints for Prostates, and the Macon Beer Fest ;

3. TO HOLD HARMLESS AND INDEMNIFY Rotary Club of Downtown Macon, Mainstreet Macon, Macon-Bibb, Pints for Prostates, and the Macon Beer Fest 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 the Macon Beer Fest; and

4. TO INDEMNIFY AND HOLD HARMLESS Macon Beer Fest, its organizers, associates, directors, officers, employees, volunteers, sponsors, members, charity, and representatives from any and all claims, demands, actions and costs which might arise out of Ticket Holder's participating in the Macon Beer Fest, even though such claims, demands, actions and costs may have been caused by the negligence of Rotary Club of Downtown Macon, Mainstreet Macon, Macon-Bibb, Pints for Prostates, and the Macon Beer Fest.

DESCRIPTION OF RISKS

In consideration of Ticket Holder's voluntary participation in the Macon Beer Fest and all activities related to the event, Ticket Holder acknowledges awareness of the possible RISKS, DANGERS AND HAZARDS associated with the Macon Beer Fest, 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, 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 the Ticket Holder's residence or traveling to any destination after the Macon Beer Fest, 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 the Rotary Club of Downtown Macon, Rotary International, Macon-Bibb, Pints for Prostates, and the Macon Beer Fest, 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 the Macon Beer Fest tickets represents their voluntary act and evidences their agreement to the terms described herein, each intending to be bound by the same.