As lawful consideration for Ticketmaster and/or any of its affiliated entities to permit me or my minor child to participate in and/or attend 2019 Fantennial Weekend presented by Ticketmaster activation at Xfinity Live! to be held September 21-22, 2019, I agree to this Assumption of Risk, Release and Liability Waiver (“Release”) as follows:
1. I Understand The Risk Involved In Participating In The Event. I will participate in the Event under the custody, control and care of my parent or legal guardian. I understand that the activities involved in the Event may be physically intense. I represent that I and/or my child have had no injuries, fractures, broken bones or otherwise, within the last six months, and are physically and mentally capable of participating in any of such activities.
2. I Assume The Risk Of Injury By Participating In The Event. I understand and accept that participating in the Event may involve dangerous activities and may involve the danger of encountering known and unknown risks, including bodily injury, illness, disability, emotional trauma, damage to property and death (“Injuries”). On behalf of myself and my child, I expressly and voluntarily assume full responsibility for these risks, from any cause including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure to supervise and failure to warn of potential risks. I understand that these risks may be caused by Ticketmaster, other participants, myself, my child or other third persons.
3. Liability Waiver, Release And Promise Not To Sue. I, on behalf of myself, my child, and each of our successors, heirs and assigns, unconditionally and irrevocably waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that I may incur or have against Ticketmaster, its parents, affiliates, Event production companies, landowners/lessors of the Event locations, hosts, sponsors, advertisers and each of their respective owners, officers, shareholders, directors, employees and agents (“Released Parties”), arising from or related to my participation in the Event, including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties, other participants, spectators or other third parties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) any defect in or failure of the operation, installation, manufacture, and/or design of any equipment, stage sets, or wardrobe; (v) the conditions on or about the Event premises; (vi) the breach of any implied or express warranty and/or representation of any of the Released Parties; (vii) transportation; (viii) weather conditions; and/or (ix) any other operations associated with the Event, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”).
4. Waiver of Unknown Claims. I expressly waive whatever benefits I may have under Section 1542 of the California Civil code (and any equivalent applicable law of the State in which this document is signed) which provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.”
5. Indemnity. On behalf of myself, my child, and each of our successors, heirs, and assigns, I agree to defend (at Ticketmaster’s request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third parties’ Claims, arising from or in connection with: (a) any breach or alleged breach of this Release; (b) my or my child’s Participation in the Event, including, without limitation: (i) any Injuries to me; (ii) any Injuries to third parties directly or indirectly arising from my Participation in the Event; and (iii) and any other loss or damage that I or my child may directly or indirectly cause to any real or personal property.
6. Consent To Medical Care. I authorize each of the Released Parties to call for medical care for me or to transport me or my child to a medical facility at my expense if medical attention is needed. I also authorize any physician or other medical provider or facility to provide any emergency medical/surgical care to me or my child. I acknowledge and agree that none of the Released Parties is under any legal obligation to render assistance to me or my child. I understand and agree that any medical or other services rendered to me or my child by any party is not an admission of liability for Injuries nor liability to provide or continue to provide any such services and is not a waiver by any of the Released Parties hereunder of any right or benefit hereunder.
7. Ticketmaster Owns The Exclusive Right To Use My Name And Likeness From This Event. For good and valuable consideration, receipt of which is hereby acknowledged, I hereby grant to Ticketmaster LLC (“Ticketmaster”) the unrestricted, nonexclusive, royalty-free, irrevocable, worldwide, perpetual and fully sublicenseable right, in Ticketmaster’s sole and absolute discretion, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display my and/or my child’s name, likeness, persona, appearance, picture, silhouette and/or any recording or other reproductions of my and/or my child’s physical likeness, voice and/or sounds made by me (collectively, the “Image”), in any manner whatsoever as long as any such alteration does not diminish the integrity of the Image such that it no longer is an accurate representation of me and/or my child, and to combine the Image with other images, text, graphics, photographs and artwork in connection with advertising, publicity, promotion, marketing and merchandising of any product or service of Ticketmaster, its affiliates and partners. I hereby voluntarily relinquish any right that I and/or my child may have to examine or approve the Image or any products or promotional materials that may be used in conjunction therewith. I warrant that I am free to grant the rights herein and that the exercise of such rights will not violate or infringe upon the rights of any third party, and I agree to indemnify, defend and hold harmless Ticketmaster from and against any liability arising out of a third party claim which is inconsistent with this warranty. I hereby release and/or assign to Ticketmaster all rights to the Image including without limitation moral rights and rights of publicity, and acknowledge and agree that all rights to the Image belong to Ticketmaster irrevocably, free and clear of any obligation to me and/or my child, and that I and/or my child have no right to any consideration or accounting other than that as expressly agreed upon by me and Ticketmaster. I agree I and/or my child shall have no right of equitable or legal relief. To the maximum extent permitted by law, I agree that I and/or my child will not sue Ticketmaster or anyone because Ticketmaster did not take or use the Image, or because I do not like the manner in which Ticketmaster took or used the Image. I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization and fully understand the contents thereof. This agreement shall be binding upon me, my child, and our heirs, legal representatives and assigns.
8. Arbitration. I unconditionally and irrevocably agree on behalf of myself, my child, and each of our successors, heirs, and assigns that, all disputes arising out of or relating to this Release or to the Claims, including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved by a single arbitrator (who shall be a retired judge) in accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. In addition, all questions regarding the arbitrarily of the dispute, including whether I have agreed to arbitrate the dispute, shall be decided by such arbitration. All arbitration shall take place at the JAMS office located in or closest to Harrison, New Jersey. I irrevocably and unconditionally consent to personal jurisdiction in New Jersey and venue in Hudson County, in any action, including without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties or relating to this Release. Judgment on the arbitrator's award shall be final and binding, and may be entered in any competent court.
9. Severability. This Release will be binding to the fullest extent permitted by law, and will be binding upon each of my and my child’s heirs, successors and assigns. If any provision of this Release be held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby.
I acknowledge and understand that this Release is an important legal document, and by signing this document I am waiving substantial legal rights I and/or my child may otherwise have to recover damages for Injuries or losses, and sign it voluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed by law. I am 18 years of age or older and am not a minor in my state of residence, or I am less than 18 years of age and my parent or legal guardian is executing this Release on my behalf.
Executed this 21st day of September 2019 and 22nd day of September 2019
