EVENT ATTENDANCE WAIVER AND RELEASE
I agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) with the knowledge that In Todo LLC (the “Company”) will rely on the same when allowing me to attend the Company’s event (collectively referred to herein as the “Event”).
- Voluntary Participation. I understand and confirm that my participation in the Event is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Event.
- Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Event including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Event take place in public and private venues under conditions largely beyond Company’s control.
- Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Event. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Event. Specifically, I am aware that I will be visiting a busy event with vendors and other attendees. I understand that any event involves hazards such as: booths, vehicles, equipment, tools, uneven terrain, animals, other individuals and attendees, and other hazards. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, which may be sustained as a result of participating in this Event, whether caused by my own negligence, the negligence of another participant or the negligence of the Company.
- Consumption of Alcohol. I understand and confirm that alcohol consumption shall be at my own discretion, risk and liability, and that I will be required to produce government-issued photo identification prior to the commencement of the Event if I wish to partake in any alcohol during the Event. I understand that Company reserves the right to excuse me from the Event if I become inebriated and misbehave or have the potential to cause harm to myself or any other person or persons. If I am excused from the Event pursuant to this paragraph, it shall be without any sort of refund or reimbursement by Company. I hereby assume all risk involved with the consumption of alcohol and unconditionally hold Company harmless.
- Release of Liability. I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Event, including, without limitation, any and all Claims resulting from the negligence of the Released Entities.
- Indemnification. I agree to defend and indemnify the Company and Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Event.
- Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
- Consent to Medical Treatment. I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services. In the event that Company cannot reach an emergency contact for me and authorizes medical treatment, in no way shall Company be liable for any medical costs, expenses, or injuries sustained due to Company’s selection of medical personnel or choice to request emergency care for me.
- Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
- Governing Law and Venue. This Waiver shall be governed in all respects by the laws of the State of California without regard to conflict of law principles. Venue shall be in Los Angeles County, California.
- Promotional Release. I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Event, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, social media or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name and likeness in connection with the Material and the Works.
- COVID-19 Waiver & Release. COVID-19 is highly contagious. Company is undertaking efforts to protect participants and attendees to minimize the risk of exposure to and transmission of COVID-19, but cannot guarantee that those efforts will prevent the transmission of COVID-19 while attending and/or participating. As such, I am required to provide proof of vaccination or proof of a negative COVID-19 test within seventy-two (72) hours of the Event, in order to participate and/or attend.
I understand that I can be exposed to or contract COVID-19 while on attending and/or participating in the Event. I have read and understood the above warning concerning COVID-19. I choose to accept and assume the risk of contracting COVID-19 to participate in the Event. The Event is of such value to me that I accept and assume the risk of being exposed to, contracting, and/or spreading COVID-19 in order to participate the Event. I understand that if I am not comfortable or cannot agree to accept this Waiver/Release, then I may not participate in the Event.
I, in addition to any other waivers and/or indemnification herein, hereby expressly waive, and release Company, and its members, employees and agents, from any and all rights, claims, lawsuits or damages of any nature whatsoever arising directly or indirectly from COVID-19 infection or transmission related to my participation in the Event. I understand that this waiver means I give up rights to bring any claims, including for personal injuries, death, disease, or any other loss, including but not limited to claims of negligence, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. I understand and agree that this waiver and release is intended to be interpreted broadly in favor of Company.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOUR, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.