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).