STILLFIRE BREWING 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 StillFire Brewing Hopnoxious Block Party, 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 Hopnoxious Block Party, and
all Ticket Holder's heirs, executors, administrators and
representatives.
StillFire Brewing Hopnoxious Party Ticket Holder expressly agrees to the following terms and
conditions:
• Each Ticket Holder and attendee must be 18+ in age to attend, 21+ in age to drink alcoholic beverages. • There are NO refunds on tickets for any reason. All sales are final.
• Hopnoxious Party 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 Ticket Holder's
possession is subject to inspection by StillFire security while entering
event, during event or during departure from event.
• Ticket Holder expressly grants 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 Hopnoxious Party, and to use such recordings for any purpose and in any
medium now known or hereafter devised. Ticket Holder releases StillFire Hopnoxious Party organizers from liability for any such uses, including claims for
infringement of any privacy, publicity or other rights and other claims
of any kind.
• Organizers encourage responsible consumption of alcoholic
beverages at Hopnoxious Party. 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 StillFire Brewing
representative, who will arrange for alternate transportation back to
Ticket Holder's destination point (at Ticket Holder's expense).
DISCLAIMER
AND INDEMNIFICATION
In return for StillFire Brewing, allowing Ticket Holder to
voluntarily participate in The Hopnoxious Block Party, each Ticket
Holder agrees:
1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or
related to Ticket Holder's participating in Hopnoxious Party, even though such risks
may have been caused by the negligence of StillFire Brewing. TO
BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Ticket
Holder might sustain participating in Hopnoxious Party, even though such injury,
wrongful death, loss or damage may have been caused by the negligence of StillFire Brewing. TO HOLD HARMLESS StillFire Brewing 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 Hopnoxious Block Party; and
4. TO INDEMNIFY AND HOLD HARMLESS StillFire Brewing, Hopnoxious Block Party organizers, associates, directors, officers,
employees, members, charity and representatives from any and
all claims, demands, actions and costs which might arise out of Ticket
Holder's participating in Hopnoxious Block Party, even though such claims, demands, actions
and costs may have been caused by the negligence of StillFire Brewing.
DESCRIPTION OF RISKS in consideration of Ticket Holder's voluntary participation in Hopnoxious Block Party and
all activities related to the event, Ticket Holder acknowledges
awareness of the possible RISKS, DANGERS AND HAZARDS associated with Hopnoxious Block Party, 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 down, 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 Ticket Holder's residence or
traveling to any destination after Hopnoxious Block Party, especially the risks of
operating a motor vehicle after consuming alcohol.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1.
Participation includes possible exposure to and illness from infectious
diseases including but not limited to COVID-19. While particular rules
and personal discipline may reduce this risk, the risk of serious
illness and death does exist;
2. I knowingly and freely assume all
such risks related to illness and infectious diseases, such as
COVID-19, even if arising from the negligence or fault of the Released
Parties; and
3. I hereby knowingly assume the risk of injury, harm
and loss associated with the Activity, including any injury, harm and
loss caused by the negligence, fault or conduct of any kind on the part
of the Released Parties.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 StillFire Brewing 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 Hopnoxious Block Party tickets represents their voluntary act and evidences
their agreement to the terms described herein, each intending to be
bound by same.