Brewer Waiver & Release
EVERYONE MUST READ AND AGREE THIS WAIVER, SO PLEASE READ CAREFULLY BEFORE SIGNING BELOW THIS WAIVER AND RELEASE FROM LIABILITY. (“AWRL”)
I the undersigned, on behalf of my business, will be present at and participating in activities at the TATER TOTS & BEER FESTIVAL located at various locations, either indoor or outdoor, throughout the United States (the “Event”). Such activities may include, but without limitation, producing food festivals which consists of food sales, tasting competitions, liquor and entertainment, such as music and dancing. (any and all of the foregoing are referred to in this document as “Activities”).
Various activities at any Event may be organized, provided, or conducted by affiliated persons or entities including Cause X Inc, Festival Life, LLC, and such affiliated persons or entities are collectively referred to herein and solely for purposes of this document as (the “PRODUCERS”).
(1) CAPABLE OF PARTICIPATION:
a) I certify that, for the duration of any Event I, along with my Staff members, are physically fit enough to perform our job, I have sufficiently trained for participation with any Event requirements, along with standard safety and operating procedures of My trade, and have not been advised otherwise by a qualified health professional.
b) I also certify that, for the duration of any Event, if applicable, I will have a valid tax license to operate in the respective City and/or State, in which I am participating.
c) I hereby take the following actions for myself, my executors, administrators, heirs, next of kin, successors, assigns, my staff members, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions: (i) I AGREE to abide by the rules adopted by the Event; and (ii) I AGREE that prior to participating in any Event, I will inspect my and other’s equipment, food, chairs, tables, tents, grounds and/or facilities, other equipment, and areas to be used and if I believe any to be unsafe I will advise the person supervising Event.
(2) ASSUMPTION OF RISK: As a condition to participating, I HEREBY ASSUME THE RISKS OF MY PARTICIPATION IN ANY EVENT. I ACKNOWLEDGE that there may be third parties participating in any Event that may put me at risk and I also assume any and all other risks associated with participating in any Event including but not limited to: (a) food or water borne illness, (e.g. food poisoning, undercooked food, unwashed hands touching my food, wind blowing bacteria onto my food); (b) contact or collision with an object(s) (e.g., collision with spectators or Event personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with man-made fixed objects or equipment; (c) encounter with equipment (e.g. stage, scaffolding, generator, or food trucks); (d) other equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure, imperfect equipment conditions, scolding hot stoves, pots, grills, and other cooking equipment); (e) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog, wind, snow, rain); (f) inadequate first aid and/or emergency measures; (g) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the event; (h) natural hazards (e.g. mud, grass, gravel, sand); (i) and loss of hearing caused by an extremely loud sound system, if you are exposed for an extended duration or by standing too close to any of the speakers. I further agree to follow the safety rules and regulations of any Event, and understand and acknowledge that any of the risks mentioned in paragraph (j), and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic.
(3) RELEASE: On behalf of myself, my business, my business partners, my spouse or domestic partner, my children, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s) hired staff members, and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”), (a) I WAIVE, RELEASE, AND DISCHARGE THE FOLLOWING PERSONS OR ENTITIES: CAUSE X INC, FESTIVAL LIFE, LLC, the PRODUCERS, and their insurance carriers, subsidiaries, members, investors, owners, sponsors, exhibitors, event vendors, event promoters, subcontractors, product suppliers, participating charities, Event and Event directors, employees, instructors, volunteers, Event location owners and landlords, all states, cities, counties, or localities in which events or segments of events are held, and the officers, directors, employees, representatives, volunteers, and agents of any of the above (the “Released Parties”) FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES TO ME OR MY BUSINESS DUE TO EVENT ATTENDANCE, CLOSURE, OR ANY OTHER REASON WHATSOEVER, OR ANY LOST AND/OR STOLEN ITEMS, WHICH ARISE OUT OF, OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM ANY EVENT, in any manner whatsoever, even if such claims, losses, or liabilities are caused by the ordinary negligence or acts or omissions of the Released Parties that I am hereby releasing or are caused by the ordinary negligence, or acts of any other person or entity; and (b) ALSO AGREE that the Released Parties shall not be responsible or liable in any way for: (i) any safety, participation or accounting procedures (“Procedures”) of any Event, or any changes thereof (ii) any other harm caused by an occurrence related to any Event, from and against any claim or cause of action arising out of the receipt or use of any Procedures associated with the Event, (iii) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable prizes, payments, or other materials (iv) or communications via telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (v) any condition caused by events beyond the control of the Released Parties that may cause any Event, and its Event Procedures therefrom, or any results of the Procedures to be disrupted or corrupted; (vi) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with any of the Procedures; (vii) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Event Procedures; (viii) acceptance, possession, remittal or use of any prizes or payments; (ix) any alleged violation by Me of any law, regulation, or right held by a third party; (x) any Event where time and location changes, based on city permit processing and/or scheduling conflicts with location property managers; (xi) any Event where production time has exceeded, which leads to Procedures being adjusted to accommodate for time constraints in My city; and (xii) any challenge or event were the weather is too dangerous for completing any Event, and needs to be stopped before I can complete any Event.
(4) PHOTO RELEASE: I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in any Event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness. ALSO AGREE that the Released Parties shall not be responsible or liable in any way FROM THE USE OR REUSE OF MY APPEARANCE, PERFORMANCE, NAME, VOICE, LIKENESS, OR BIOGRAPHICAL INFORMATION (including, without limitation, any claim that such use invades any right of privacy and/or publicity)
(5) COVENANT NOT TO SUE: (a) I AGREE NOT TO SUE ANY OF THE RELEASED PARTIES IN PARAGRAPH (3) FOR ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES DUE TO EVENT ATTENDANCE, CLOSURE, OR ANY OTHER REASON WHATSOEVER, OR LOST AND/OR STOLEN ITEMS, AND ALL POTENTIAL LIABILITIES LISTED IN PARAGRAPH (3)(a) PARAGRAPH (3)(b), and PARAGRAPH (4), THAT ARISE OUT OF OR RELATE TO MY PARTICIPATION IN ANY EVENT; and (b) To the fullest extent permitted by law, I AGREE TO DEFEND, PAY ON BEHALF OF, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES IN PARAGRAPH (3), for any and all claims or demands, suits, loss, or liabilities assessed against them by me, my parent or guardian, co-participants, rescuers, and others, as a result of ALL POTENTIAL LIABILITIES LISTED IN PARAGRAPH (3)(a) PARAGRAPH (3)(b), and PARAGRAPH (4), THAT ARISE OUT OF OR RELATE TO MY PARTICIPATION IN ANY EVENT WHATSOEVER.
(6) GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the State of California, notwithstanding its conflict of law provisions. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be exclusively brought in Los Angeles County, State of California.
(7) PRIOR AGREEMENT: This Agreement supersedes and replaces any and all previous agreements between the parties.
(8) SEVERABILITY: If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement (including, without limitation, Section a [the Assumption of Risk provision] and Section b [the Release] and Section d [the Covenant Not to Sue]) remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties.
(9) SURVIVAL: The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
(10) ARBITRATION: (a) If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. (b) Any dispute arising out of or relating to this contract, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of Los Angeles, California, in accordance with the United States Arbitration Act. There shall be three arbitrators, named in accordance with such rules, and the arbitrators shall decide the dispute in accordance with the substantive law of the State of California, and the award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based.
(11) NON-DISPARAGEMENT: On behalf of myself, my business, my business partners, my staff, my spouse or domestic partner, my children, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, or estate, (“We” or “Us”) that, unless required to do so by legal process, We will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about any Event, any elements thereof, or any person or entity connected with any Event, or the Released Parties. I acknowledge that any disparaging remarks of the information described in this paragraph will constitute a material breach of this AWRL and will cause the Released Parties substantial and irreparable injury and will cause substantial damages in excess of Five Million Dollars ($5,000,000), entitling the Released Parties to, among other things: (a) injunctive or other equitable relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this paragraph by Us; (b) recovery or disgorgement of the monies and other consideration, if any, I received in connection with such disparagement; (c) forfeiture of any and all cash and/or prizes that I may have been entitled to for participating in any Event; and (d) recovery of the Released Parties’ damages and attorneys’ fees and court costs incurred to enforce this paragraph.
I HAVE READ THIS WAIVER AND RELEASE SECTION AND UNDERSTAND ITS CONTENTS, AND UNDERSTAND THAT VOLUNTARILY PARTICIPATING IN THIS ACTIVITY, I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHTS TO FINANCIAL RECOVERY FOR INJURY, WHETHER THE INJURY RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. I UNDERSTAND THE RISKS AND I AM CAPABLE OF PARTICIPATING AS A VENDOR.