NIVEK EVENTS BAR CRAWL WAIVER & RELEASE OF CLAIMS, INDEMNITY AGREEMENT, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT (“WAIVER”)
PLEASE READ THE FOLLOWING NIVEK EVENTS BAR CRAWL (“EVENT”) WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.
The following must be carefully read and signed in consideration of being permitted to enter (for any purpose) the Event and associated property ("Premises"). As used in this Waiver, the term “Releasees” is defined to include the following: (i) Game Guardians, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively, “Promoter”); (ii) any Premises owners; (iii) any Event volunteers; and (iv) any Event sponsors.
IN CONSIDERATION OF PARTICIPATING IN THE EVENT, ON BEHALF OF MYSELF AND ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN, I UNDERSTAND, AGREE AND REPRESENT AS FOLLOWS:
1. I certify that I am at least twenty-one (21) years of age and that if I choose to consume alcoholic beverages, I will do so responsibly.
2. I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect.
3. I voluntarily, knowingly and freely assume all risks associated with attending the Event and entering the Premises, including, but not limited to, my own actions or inactions, the actions or inactions of others (including Event attendees, staff or volunteers), injuries, illness, contact with others (including Event attendees, staff or volunteers), Premises defects and the effects of weather, including heat and/or humidity.
4. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Promoter through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely attend the Event.
5. I certify that I have no medical condition that would make my attendance at the Event more hazardous.
6. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Promoter, volunteers or medical professionals may deem appropriate and understand that this Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
7. I understand and agree that I am expected to exhibit appropriate behavior and to obey all local, state and federal civil and criminal laws while attending the Event or on the Premises. This includes respect for other people, equipment, facilities or property. Promoter may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, Premises or any person, facility or property. I also agree to indemnify the Releasees from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.
8. I understand and agree that Promoter is not responsible for personal items or property that is lost, damaged or stolen at the Event.
9. I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event advertising, marketing or promotion.
10. I assign to Promoter all rights, title, and interest any and all photographs, motion pictures, recordings or other records of the Event (“Records”) I may take or capture to Promoter. Promoter grants to me a limited, non-exclusive right and license to use the Records for non-commercial purposes only.
11. I understand and agree that the sale of unauthorized merchandise at the Event is not permitted and may result in my dismissal.
12. I understand and agree that I may not bring weapons or illegal substances to the Event or Premises.
13. I understand and agree that all ticket purchases are final and non-refundable.
14. I understand and agree that Promoter reserves the right to cancel the Event in order to protect the safety and security of Event attendees. In the event of such cancelation, there will be no refund of my ticket purchase.
15. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I may sustain as a result of my attendance at the Event or while on the Premises, whether or not caused by the negligence of the Releasees.
16. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am at the Event or on the Premises, whether or not caused by the negligence of the Releasees.
17. I release, discharge and covenant not to sue the Releasees and waive any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my attendance at the Event or while on the Premises, whether or not caused by the negligence of the Releasees.