I, the undersigned, hereby provide this Participation and Release Agreement (“Release”) in consideration for me being permitted to participate as an attendee of the following described Event and all activities or transportation-related thereto (the “Event”):
Event: Flor de Caña 4th of July Party
Expected Event Date: June 30th, 2018
For good and valuable consideration, I acknowledge and agree as follows:
1.Acceptance of Terms. I voluntarily agree to participate in the Event with full knowledge and acceptance of all the terms and provisions stated herein. If I do not accept these terms and provisions, I will not be permitted to participate in the Event.
2.Assumption of Risk. I UNDERSTAND AND AGREE THAT PARTICIPATING IN THE EVENT AND THE CONSUMPTION OF ALCOHOL BY MYSELF OR OTHERS IN CONNECTION WITH THE EVENT IS AN INHERENTLY HAZARDOUS AND DANGEROUS ACTIVITY, AND THAT, AS A RESULT OF MY PARTICIPATION IN THE EVENT, THERE IS A RISK THAT I MAY BE SERIOUSLY PHYSICALLY AND/OR MENTALLY, INJURED, HURT, HARMED, DAMAGED, DISABLED, MADE ILL, DIE, OR SUFFER OTHER DAMAGES, INJURY, OR LOSS TO ME OR MY PROPERTY, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, IDENTIFIED OR UNIDENTFIED. I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH FULL KNOWLEDGE AND UNDERSTANDING OF ALL THE ACTUAL AND POTENTIAL RISKS CAUSED BY, ARISING FROM, OR RELATING TO MY PARTICIPATION IN THE EVENT
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I, ON BEHALF OF MYSELF AND MY HEIRS, GUARDIANS, LEGAL REPRESENTATIVES, EMPLOYEES, EXECUTORS, ADMINISTRATORS, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASING PARTIES”), KNOWINGLY AND VOLUNTARILY ACCEPT ANY AND ALL RISKS ARISING FROM OR RELATED TO MY PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION, ANY ACTUAL OR POTENTIAL HAZARDOUS AND/OR DANGEROUS ACTIVITIES ASSOCIATED WITH THE EVENT.
3.Release of Liability. I WILL, AT ALL TIMES, BE SOLELY RESPONSIBLE FOR MY OWN PHYSICAL AND MENTAL HEALTH, SAFETY, AND WELL-BEING IN CONNECTION WITH THE EVENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I, ON BEHALF OF MYSELF AND THE RELEASING PARTIES, IRREVOCABLY WAIVE AND FOREVER RELEASE, INDEMNIFY, AND HOLDS HARMLESS CHIVE MEDIA GROUP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ASSIGNS, AND LICENSEES, AND EACH OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, AGENTS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, ASSIGNEES, AND LICENSEES (THE “RELEASEES”) FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, LIABILITIES, JUDGMENTS, ACTIONS OR CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND FEES (INCLUDING REASONABLE ATTORNEY’S FEES) (COLLECTIVELY, “CLAIMS”), KNOWN OR UNKNOWN, FORSEEN OR UNFORSEEN, IDENTIFIED OR UNIDENTIFIED, THAT I MAY NOW HAVE OR MAY LATER HAVE, ARISING FROM OR RELATING TO MY PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS ARISING FROM OR RELATING TO:
(A) THE OPERATION, CONDUCTING, AND SUPERVISION OF THE EVENT; (B) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGE, DISABILITY, ILLNESS, DEATH, LOSS, DAMAGE, OR OTHER DAMAGES OR LOSSES NOT LISTED HEREIN, TO ME OR MY PROPERTY; (C) THE PRODUCTION, POST-PRODUCTION, EXPLOITATION, OR OTHER USE OF THE EVENT OR ANY “MATERIALS” OR “DEPICTIONS” (AS DEFINED HEREIN), OR THE FAILURE OR OMISSION TO ENAGE IN ANY OF THE FOREGOING; (D) THE ACTS OR OMISSIONS OF ANY RELEASEE; (E) MY OWN ACTIONS AND/OR THE ACTIONS OF ANY RELEASEE OR THIRD PARTY; (F) THE SOLE, JOINT, CONCURRENT, OR CONTRIBUTORY NEGLIGENCE, STATUTORY FAULT, OR STRICT LIABILITY OF ANY RELEASEE OR THIRD PARTY; (G) PRODUCTS LIABILITY, LIBEL, SLANDER, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY OR PERSONALTY, MISAPPROPRIATION, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, OR INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, OR ANY OTHER INTELLECTUAL PROPERTY.
I, ON BEHALF OF MYSELF AND THE RELEASING PARTIES, ACKNOWLEDGE AND AGREE THAT THERE IS A POSSIBILITY THAT, AFTER MY EXECUTION OF THIS RELEASE, I OR THE RELEASING PARTIES MAY DISCOVER NEW FACTS OR INCUR NEW CLAIMS, WHICH I DID NOT KNOW OF OR SUSPECT AT THE TIME I EXECUTED THIS RELEASE, AND WHICH, IF KNOWN OR SUSPECTED BY ME OR THE RELEASING PARTIES AT THAT TIME, MAY HAVE MATERIALLY AFFECTED MY OR THE RELEASING PARTIES’ DECISION TO ENTER INTO THIS RELEASE. I ACKNOWLEDGE AND AGREE THAT, I, ON BEHALF OF MYSELF AND THE RELEASING PARTIES, AM FOREVER AND IRREVOCABLY WAIVING AND RELEASING ANY AND ALL CLAIMS ARISING FROM OR RELATING TO SUCH UNKNOWN OR UNSUSPECTED FACTS OR CLAIMS.
4.Medical Authorization. I authorize any medical care providers that may be present during the Event (the “Medical Staff”) to carry out and administer to me any and all medical care in connection with the Event, as may be necessary for my health and safety during the Event; and I will be fully responsible for any associated costs. I agree to immediately inform the Medical Staff, if I am uncomfortable, ill, injured, or experience any detrimental effects (whether physical or mental) during the Event.
5.Alcohol Consumption Representations and Warranties: I represent and warrant that: (a) I am over 21 years of age; (b) I have never been advised by a medical or mental health professional to refrain from the consumption of alcohol; (c) I am not, and during the Event will not be, taking or under the influence of any drugs or medication that may be affected in any way by my consumption of alcohol; (d) I am not suffering from any physical or mental condition that may be aggravated, impaired, or affected by my consumption of alcohol; (e) I do not suffer from any medical (physical or mental) condition arising from or related to the consumption of alcohol, and I have never been diagnosed by any physical or mental medical professional or similarly authorized person with any alcohol-related illness or condition; (f) I am in good health and there are no problems associated with my physical or mental condition.
6.No Alcohol Consumption Obligation. I am not under any obligation to consume any amount of alcohol. Any and all of my consumption is entirely voluntary and within my own discretion. I agree not to consume alcohol in excess.
7.Likeness License. I grant Chive Media Group the non-exclusive, perpetual, worldwide, sub-licensable, royalty-free right to record, copy, publish, display, broadcast, distribute, exploit, or otherwise use, my name, image, likeness, voice, appearance, biographical information, quotes, and statements (collectively, my “Likeness”), in any and all media now known or later devised, in connection with the Event, any works or material relating to or derivative of the Event, and the promotion and advertising thereof, without any further payment, compensation, or consideration to me. This right in and to my Likeness includes the right of Chive Media Group to edit, alter, or modify my Likeness, in Chive Media Group's sole discretion; provided that Chive Media Group will not edit, alter, or modify my Likeness from its original in any manner that is reasonably likely to defame or disparage me. I waive the right to inspect or approve the finished product wherein my Likeness appears.
8.Material License. In connection with the Event, I may author, create, record, or capture certain content, works, or materials, including without limitation, artwork, designs, photographs, video, songs (compositions and sound recording), trademarks, audio/visual works (and any photos, names, signage, art, design, labels, logos, music, special effects, images, likenesses and any other material contained in any of the foregoing) (collectively “Material”). I grant Chive Media Group a non-exclusive, perpetual, worldwide, sub-licensable, royalty-free license to copy, publish, display, broadcast, distribute, prepare derivative works of, modify, edit, exploit, or otherwise use, throughout the world, in any and all media now known or later devised, any Material that I submit or provide to Chive Media Group.
9.Recording and Portrayal. In connection with my participation in the Event, any of the following may occur (each a “Depiction”), all of which may be summarized, edited, or modified, in Chive Media Group’s sole discretion: (a) Chive Media Group may photograph, videotape, or record the Event by means of numerous cameras and recording devices at various locations, which may or may not be visible to me, regardless of whether I am aware of such taping or recording; (b) the Event may include a reality-based production of my experiences and the experiences of others, which may contain candid reactions by and/or characterizations of me and/or others; (c) I or others may engage in conduct, or reveal information about me or others, of a disparaging, unflattering, unfavorable, personal, private, embarrassing, intimate, and/or surprising nature; (d) I may be asked to do or say things for creative or dramatic purposes, which are to be rendered solely by reason of Chive Media Group’s request, and which may not have otherwise occurred, may have occurred in a different manner, or may have occurred without my awareness of such circumstances, settings, or events; (e) I or others may reveal and/or relate information about me that may be factual and/or fictional and may expose me to public ridicule, humiliation, and/or condemnation, and/or may portray me in negative or false light; and (f) I may experience certain surprises during the Event. I understand and acknowledge that, while these Depictions by might otherwise constitute an actionable tort, I have knowingly and voluntarily consented to the Depictions, and knowingly and voluntarily waived and released any Claims against the Releasees arising from or relating the Depictions.
10.Proceeds from Material, Likeness, or Depictions. All proceeds, revenue, income, or consideration directly or indirectly derived from or relating to Chive Media Group’s use or exploitation of the Event (including without limitation, the Material, my Likeness, and the Depictions) will be the sole property of Chive Media Group.
11.No Enjoining of the Event. I will not have, and forever waive, any and all right to seek injunctive or other equitable relief or, in any way, enjoin or restrain the conducting, operation, exhibition, distribution, use, promotion, advertising, or exploitation of the Event.
12.Sponsor Integration. The Event (including, without limitation, the advertising and promotion thereof) may contain sponsor product placements, demonstrations, integrations, or sponsor identifications, promotional announcements, interstitials, and/or other sponsor-related references, information, or activities (collectively, “Sponsor Integration”), as determined by Chive Media Group in its sole secretion. I will participate in any Sponsor Integration as reasonably requested by Chive Media Group, including without limitation, naming, identifying, wearing, using, describing, demonstrating and/or otherwise referring to or interacting with sponsor products, services and/or brands, without any compensation or further consideration to me. Chive Media Group will be entitled to retain one hundred percent (100%) of any and all revenue and proceeds received from any Sponsor Integration.
13.Further Assurances. I agree to execute and/or deliver any other documents and take any further action requested by Chive Media Group as may be reasonably necessary to effectuate the terms of this Release. In the event that I fail or am unable to promptly execute any documents, I hereby irrevocably appoint Chive Media Group as my attorney-in-fact to execute and file any such documents or take any such action consistent with the terms of this Release.
14.Representations and Warranties. I represent and warrant that: (a) I have had ample opportunity to read and understand, and have read and understand, all provisions of this Release; (b) I have full right, power and authority to enter into and fulfill the terms of this Release; (c) I am not subject to any obligation, disability, or any other restriction, which may materially impair or prevent me from understanding or fully performing all provisions of this Release; (d) I have the valid right, without any further consent from any third party being necessary to license the Material to Chive Media Group as provided by this Release; (e) any Material that I license to Chive Media Group will not violate or infringe upon the rights of any third party; (f) my performance of my obligations under this Release do not violate any contractual, fiduciary, or confidentiality obligation owed by me to any third party.
15.No Waiver. A waiver by Chive Media Group of any breach of this Release will not be deemed a waiver of any prior or subsequent breach hereof. Except as limited herein, all remedies hereunder will be cumulative, and the pursuit of one remedy will not be deemed a waiver of any other remedy.
16.Conduct. During my Participation, I will not engage in any activities or conduct which is reasonably likely to be disparaging to, or injurious to the business reputation of, Chive Media Group or the Event, including, without limitation, engaging in any behavior, actions, or statements, which are violent, offensive, abusive, obscene, defamatory, discriminatory, harassing, immoral, lewd, sexually explicit behavior, the commission of a felony or a misdemeanor, fraud, acts of moral turpitude, or violation or infringement upon the rights of any third-party.
17.Indemnification. I will indemnify, defend, and hold harmless the Releasees from and against any and all third party Claims arising from or relating to my: (a) breach of any representation, warranty, or covenant contained in this Release; or (b) physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; and (c) my violation of or infringement upon the rights of any third party.
18. Governing Law; Jurisdiction. This Release will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any suit, action, or dispute arising from or relating to this Release will have for its exclusive forum the state or federal courts in Travis County, Texas.
19. Severability; Assignability. To the extent any provision of this Release is determined or adjudicated invalid, for any reason, then any such provision will be enforced to the maximum extent permitted by law and reformed only as necessary to conform to the law, without invalidating the remainder of such provision or the remaining provisions of this Release. This Release and all rights hereunder are assignable by Chive Media Group without my consent. This Release will inure to the benefit of and will be binding upon my and Chive Media Group’s respective successors, assigns, licensees, heirs, and representatives, including without limitation, the Releasees.
I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS TERMS. I ACKNOWLEDGE THAT, BY SIGNING IT, I HAVE VOLUNTARILY GIVEN UP SUBSTANTIAL RIGHTS, INCLUDING BUT NOT LIMITED TO, ANY RIGHT TO FILE A LAWSUIT AGAINST ANY RELEASEE, AND THAT I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL RELEASEES TO THE FULLEST EXTENT PROVIDED BY LAW.
ACCEPTED AND AGREED TO:
