Liability Waiver / Terms and Conditions*
WAIVER, LIABILITY RELEASE, MEDIA RELEASE, AND INDEMNIFICATION AGREEMENT This Waiver, Liability Release, Media Release, and Indemnification Agreement (“Agreement”) hereby releases Reclaim Your Shine, LLC (“Reclaim”, “We’, “Our”, “Us”) and its affiliates as outlined below. Read carefully before signing. This is a release of liability and waiver of certain legal rights. 1. Assumption of Risk; Voluntary Participation. In consideration of being permitted to attend Rise and Vibe STL (“Event”), including use of any facilities or equipment, attendee acknowledges participation in any Event is done at attendee’s own risk. Attendee acknowledges: (i) attending, participating in, or being at or near the Event (collectively “Activity”) has risks, hazards, and dangers including, without limitation, personal injury, paralysis, disability, or death (“Risks”), (ii) participation in the Event is voluntary, and (iii) attendee, WITH FULL APPRECIATION OF THE RISKS, ASSUMES AND ACCEPTS ALL RISKS. 2. General Release. Attendee KNOWINGLY AND INTENTIONALLY: (i) agrees not to sue Reclaim or any of its heirs, assigns, successors, affiliates, parent companies, sponsors, venue owners, directors, officers, attorneys, volunteers, members, vendors, executors, or personal and legal representatives (collectively “Releasees”) for any Damages (as defined below), and (ii) WAIVES, RELEASES, FOREVER DISCHARGES, INDEMNIFIES, AND HOLDS HARMLESS Releasees from and against all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with any Event or participation by attendee in any Activity, including but not limited to NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, pain, suffering, paralysis, or death of or to attendee or any property of attendee as a result of engaging or participating in any Event or Activity (collectively “Damages”), whether such damage, loss, injury, paralysis, or death results from Our negligence or from some other cause, and regardless of whether such liability is based on contract, strict liability, negligence or any other theory of liability including, without limitation, negligent equipment and facility maintenance. We are not responsible for any personal items brought to any Event that are damaged, lost, or stolen. 3. Liability Waiver and Release for Minors. Attendee represents and warrants he/she is the parent or legal guardian of the minor(s) with attendee at any Event ("Minor(s)"). Attendee acknowledges and agrees participation in any Activity involves the Risks, which may arise from various causes, including but not limited to the actions or negligence of other participants, conditions of the premises, or unforeseen circumstances. In consideration of the Minor(s) being permitted to attend and participate in the Event, attendee, on behalf of himself/herself, the Minor(s), and their respective heirs, executors, administrators, and assigns, hereby release, waive, and voluntarily assumes all Risks on behalf of the Minor(s) and further discharges Releasees from all Damages in connection with the Minor's participation in the Event, Waiver, Liability Release, Media Release, and Indemnification Agreement Page 1 of 4 including but not limited to claims arising from the NEGLIGENCE of the Releasees. Attendee further agrees to indemnify and hold Releasees harmless from all claims, liabilities, or damages brought by or on behalf of the Minor(s) or any third party because of the Minor(s)' participation in the Event. 4. Sales Final. All ticket sales to any Event are final. If an Event is cancelled under Section 5 of this Agreement, We may, in Our sole and absolute discretion, provide a credit to attendee to attend a future Event. 5. GeneralConditions.Wereservetherighttocancel,suspend,ormodifytheEventor any part of it if there is any fraud, technical failure, or any other factor beyond Our reasonable control that makes any Event impractical or impossible as determined by Us in Our sole and absolute discretion. We reserve the right, in Our sole and absolute discretion, to disqualify or bar any individual We find to be disrupting the Event or engaging in illegal activities. Any attendee ejected from any Event is not entitled to a refund. Our failure to enforce any provision of this Agreement will not constitute a continuing waiver of such provision, and We reserve the right to require strict compliance with such provision. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. If any provision is found invalid or unenforceable, this Agreement will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. All personal pronouns and defined terms used in this Agreement, whether used in the masculine, feminine, or neutral gender, will include all other genders, the singular will include the plural, and vice versa. 6. Publicity and License Grant. a. FromAttendee.Attendee,byregisteringforanyEvent,grantsUstheworldwide and perpetual right to print, publish, broadcast, and use, in any media now known or hereafter created, at any time, such attendee’s name, picture, voice, likeness, biographical information, and any quotation, statement, or image for press or promotional purposes without compensation, additional consent, attendee’s review, or notice to attendee unless prohibited by law. Such licenses granted to Us are non-exclusive, sublicensable, and assignable by Us in Our sole and absolute discretion. All rights, consents, and licenses granted to Us under this Agreement will survive conclusion of any Event. Attendee’s consent and license to Us may not be revoked. b. On Behalf of Minors. Attendee, being the parent or legal guardian of the Minor(s), hereby grants to Us and Our designees, agents, licensees, successors, and assigns (collectively “Media Releasees”) the absolute right and permission to take photographs, video recordings, audio recordings, and other media ("Media") of the Minor at any Event We organize at any venue. Attendee, as the Minor(s)’ parent/legal guardian, hereby irrevocably licenses and authorizes Media Releasees to copyright, use, publish, display, reproduce, distribute, and create derivative works of such Media, in whole or in part, in any Waiver, Liability Release, Media Release, and Indemnification Agreement Page 2 of 4 medium now known or hereafter created, including but not limited to print publications, electronic publications, websites, and social media, for any lawful purpose, including without limitation, publicity, illustration, advertising, and promotional materials. 7. MediaOwnershipandCompensation.AnyMedia,regardlessofformatnowknown or hereafter created, taken by Media Releasees is the sole property of Reclaim. Attendee, as parent/guardian and on behalf of Minor, waives any right to inspect or approve the Media or any finished materials incorporating the Media. Attendee, as parent/guardian, on behalf of Minor, further waives any right to royalties or other compensation arising from or related to the use of the Media. 8. Venue Purchase Disclaimer. Attendee expressly acknowledges We make no warranties or representations, either express or implied, including fitness for a particular purpose, regarding any food, beverage, merchandise, or services purchased from the venue or third-party vendors at any Event. All such purchases are made at the attendee's sole risk and discretion, and subject to such vendor’s separate terms and conditions. 9. Marketing and Electronic Communications. By using Our services, products, or website, attendee expressly consents to receive electronic communications from Us, including but not limited to newsletters, promotional materials, updates, and other marketing communications (collectively, "Marketing Communications"). Attendee acknowledges that by providing an e-mail address and this consent We are authorized to send Marketing Communications to the provided e-mail address. Consent to receive Marketing Communications is not required as a condition of purchasing any goods or services. We collect and process e-mail addresses and other personal information in accordance with Our privacy policy and applicable Missouri and federal laws. We will take appropriate steps to ensure the security and confidentiality of personal information and will only use such information for the purposes disclosed in Our privacy policy and as permitted by applicable law. We will not sell, rent, or otherwise disclose provided e-mail address to any third party except as permitted by law or as disclosed in Our privacy policy. To opt-out of Our electronic communications follow the unsubscribe instructions contained in any Marketing Communication, and such requests will be processed within ten business days of receipt. 10.Disputes. Attendee agrees: (a) all disputes, claims, and causes of action arising out of or connected with any Event will be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Missouri or the Circuit Court for the County of St. Louis, Missouri, and attendee expressly and irrevocably consents to the personal jurisdiction of such courts, (b) Our aggregate liability related to this Agreement or Event attendance for all claims, judgments, and awards in attendee’s favor is limited to the amount equal to the attendance fee paid by attendee, if any, and expressly excludes attorneys' fees, (c) under no circumstances will attendee be permitted to obtain awards for, and attendee hereby waives all rights to, claim punitive, incidental, and consequential Waiver, Liability Release, Media Release, and Indemnification Agreement Page 3 of 4 damages and any other damages, other than for the attendance fee paid by attendee, if any, and all rights to have damages multiplied or otherwise increased, and (d) if attendee does not prevail in any action under this Agreement he or she will be liable for the prevailing party’s (or parties) legal expenses. 11.Choice of Venue; Duration; Binding Effect. Attendee Acknowledges this Agreement: (i) will be construed under and governed by Missouri law without giving effect to any rule or law that would cause the laws of any jurisdiction other than the State of Missouri to be applied, (ii) will remain in effect for ten years from the date of execution, and (iii) will be binding upon all heirs, assigns, successors, executors, personal and legal representatives and subrogees of attendee and inure to the benefit of Reclaim or any of its heirs, assigns, successors, affiliates, parent companies, sponsors, venue owners, directors, officers, attorneys, volunteers, members, vendors, executors, or personal and legal representatives. 12.Acknowledgement. I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENTS, VOLUNTARILY AGREE TO IT, AND UNDERSTAND IT WILL BIND MY SUCCESSORS, HEIRS, ASSIGNS, AND PERSONAL AND LEGAL REPRESENTATIVES. I FURTHER UNDERSTAND THAT BUT FOR THE FOREGOING I WOULD NOT BE PERMITTED TO PARTICIPATE IN ANY EVENT. 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