Waiver and Terms and Conditions
The person seeking entry pursuant to the entry ticket(s) issued on a per transaction basis, and any accompanying minors ("Holder"), agrees to be bound by the terms and conditions of this Agreement.
THE TERMS AND CONDITIONS ARE IN ADDITION TO THE VENUE’S ENTRY TICKET TERMS AND CONDITIONS.
0. TERMS OF TICKET TRANSACTION
Holder understands that payments made for the CORE Weekend Retreat are not refundable and are final. Holder understands that if they're not able to attend the CORE Weekend Retreat for any reason, the ticket amount can be credited to future Unchained Leader Events.
Holder fully understands that:
(a) the novel coronavirus SARS- CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, "COVID-19" ) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present;
(b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the Venue (collectively, the "Venue Protocols") by local, state and federal governmental agencies, the Venue owner/operator, and/or by Feld Entertainment, Inc. and its affiliated companies (as applicable), (individually or collectively, "Event Organizer") and/or third parties, can eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Holder's spouse, family members, and other persons in proximity to Holder; and
(d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, WHETHER OCCURRING BEFORE, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT THE EVENT. HOLDER HEREBY ASSUMES, ON BEHALF OF ITSELF AND RELATED PERSONS, ALL RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT A HOLDER OR ANY OF HOLDER'S RELEASED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 2, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) HOLDER'S EXPOSURE TO COVID-19; (II) HOLDER'S RELATED PERSON'S OR RELATED PERSONS' EXPOSURE TO COVID-19, (III) HOLDER'S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE VENUE AND/OR COMPLIANCE WITH THE VENUE AND/OR EVENT ORGANIZER POLICIES, PROCEDURES AND PROTOCOLS; (IV) ANY INTERACTION BETWEEN HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE VENUE (INCLUDING, WITHOUT LIMITATION, EVENT ORGANIZER PERSONNEL, ACCESS MANAGEMENT PERSONNEL, USHERS, TICKET-TAKERS, SECURITY, HEALTH, SAFETY AND MEDICAL PERSONNEL, OR CLEANING, CONCESSION, OR PARKING PERSONNEL); OR (V) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 AND OTHER RISKS) (COLLECTIVELY, THE "CLAIMS"), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
Holder hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of Florida, without regard to choice or conflict of law provisions.
All disputes arising under this Terms and Conditions shall be governed by and interpreted in accordance with the laws of Florida, without regard to principles of conflict of laws. The parties to this Terms and Conditions will submit all disputes arising under this Terms and Conditions to arbitration in the State of Florida before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Florida. No party to this Terms and Conditions will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
Holder hereby agrees that any and all disputes, including any Claims made by Holder against any of the Released Parties must be arbitrated on an individual basis only. By agreeing to this Terms and Conditions, Holder hereby waives any right to litigate or arbitrate any Claim as a class action, representative action or class arbitration against any of the Released Parties.
Holder hereby agrees that if any provision or part thereof contained in this Terms and Conditions is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Terms and Conditions shall remain valid and binding.
Holder hereby agrees to grant to UNCHAINED LEADER and any assigns, licensees, and successors the right to use my image, video, and name in all forms and media including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in perpetuity. I waive the right to inspect or approve versions of my image used for publication or the written copy that may be used in connection with the images.
Holder hereby releases UNCHAINED LEADER and any assigns, licensees, and successors from any claims that may arise regarding the use of my image or video, including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. Company is permitted, although not obligated, to include my name as a credit in connection with the image.
I, HOLDER, HAVE CAREFULLY READ AND VOLUNTARILY AGREE TO THIS TERMS AND CONDITIONS. I understand its terms and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights and that by signing this Terms and Conditions. I understand I am forever prevented from suing or otherwise asserting a Claim against any of the Released Parties. I understand that this Terms and Conditions is a material inducement for my admission to the Venue and that Event Organizer and the other Released Parties are relying upon it. I agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by Event Organizer or any other Released Parties.