TERMS AND CONDITIONS
By partaking in this event, I affirm that I have fully understood and agree to this Agreement. PLEASE READ CAREFULLY. THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
Crawl Photo Release Agreement
By attending Kwanzaa Crawl (“The Crawl”), you give Kwanzaa Crawl LLC (“Kwanzaa Crawl”) the right to take photos and/or videos for use on our website and elsewhere for marketing and promotional purposes.
Crawl Waiver - Agreement, Release of Liability, and Assumption of Risk
In consideration for being permitted to participate in the crawl activities (“The Crawl”) organized by Kwanzaa Crawl LLC (“Kwanzaa Crawl”), I hereby agree as follows:
Release From Liability. I hereby release any and all claims, causes of action, or demands I may have against Kwanzaa Crawl, its successors, assigns, officers, agents, representatives, employees and crawl team leaders (collectively or individually, “Releasees”) for any personal injury, death, property damage, or loss sustained by me as a result of my participation in The Crawl offered by Releasees due to any cause whatsoever, including without limitation, negligence on the part of Releases or other participants. I further agree that, if I violate this Agreement, Release of Liability, and Assumption of Risk (“Agreement”) and attempt to bring suit against any one or more of the Releasees, I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
Risks Contemplated And Assumed. I am aware that The Crawl, in addition to the usual dangers and risks inherent in nighttime and bar activities, has certain additional dangers and risks, some of which include: physical exertion, weather extremes, traveling or walking. I knowingly and willfully accept these risks and the possibility of personal injury, death, or property damage or loss resulting therefrom. I acknowledge that the enjoyment and excitement of The Crawl is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to the enjoyment and excitement that is a reason for my participation.
Compliance With Crawl Instructions. I agree at all times during The Crawl, to abide by and comply with any additional instructions given to me by my crawl team leader(s) or any other Releasees, and I accept that non-compliance may result in injury, death, or property damage. I understand that non-compliance by me or other participants may result in removal from The Crawl.
Indemnity Against Third Party Claims. I WILL INDEMNIFY, SAVE AND HOLD HARMLESS Releasees from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses (“Third Party Claims”), which may be presented or initiated by any other persons and which arise directly or indirectly from (a) my participation in the activities covered by this Agreement or (b) the participation by persons whom I have invited or permitted to participate in the activities covered by this Agreement, whether or not such persons have entered into an agreement with Kwanzaa Crawl. I understand that this indemnification obligation shall apply whether or not the Third Party Claim results from the negligence and/or other fault of any Releasees or from any other cause.
Non-Reliance. In entering this Agreement, I am not relying on any oral, written, or visual representations or statements by Releasees not contained in this Agreement or any other inducement or coercion to go on the crawl. I confirm that, by my own free will, I have read and understood this Agreement and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators, and successors.
Inclement Weather. I understand that Kwanzaa Crawl runs its bar crawl events rain or shine and that inclement weather is not a basis for canceling or rescheduling an event.
Refunds. The event is non refundable.
ARBITRATION AND RELEASE & WAIVER OF LIABILITY AGREEMENT
IN CONSIDERATION of being permitted to participate in The Crawl and remain at the premises (the "Venues") hosting the specified Crawl and in addition to the corresponding entry ticket(s), each a revocable license that grants entry into the Venues during the The Crawl and my agreement to be bound to the ticket terms, I, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, anyone attending the The Crawl with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder's or their behalf (collectively, "Related Persons"), hereby acknowledge and agree to the terms below. The person seeking entry pursuant to the entry ticket(s) issued on a per transaction basis (“Holder”), agrees to be bound by the terms and conditions of this Agreement. THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO THE CRAWL’S ENTRY REQUIREMENTS.
1. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. 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 Venues (collectively, the "Venue Protocols") by local, state and federal governmental agencies, the owner(s)/operator(s) of the Venues, and/or by Kwanzaa Crawl, LLC 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.
2. ASSUMPTION OF RISKS, HAZARDS AND DANGERS. 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 VENUES, 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 VENUES. 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.
3. RELEASE, WAIVER & COVENANT NOT TO SUE.
(a) 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 VENUES AND/OR COMPLIANCE WITH THE VENUES 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 VENUES (INCLUDING, WITHOUT LIMITATION, EVENT ORGANIZER PERSONNEL, ACCESS MANAGEMENT PERSONNEL, USHERS, TICKET-TAKERS, SECURITY, HEALTH, SAFETY AND MEDICAL PERSONNEL, OR CLEANING, CONCESSION, OR CRAWLER TRANSPORTATION 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.
(b) FOR THE PURPOSES HEREOF, THE "RELEASED PARTIES" ARE: (I) THE OWNER(S)/OPERATOR(S) OF THE VENUES, KWANZAA CRAWL, LLC, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT PARENTS, AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS) AND OTHER PERSONNEL; (II) THE DIRECT AND INDIRECT OWNERS, LESSEES AND SUBLESSEES OF VENUES AND EVENT ORGANIZER; (III) ALL THIRD PARTIES PERFORMING SERVICES AT THE VENUES OR FOR THE EVENT; AND (IV) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS OF EACH OF THE FORGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES.
4. GOVERNING LAW. Holder hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of New York, without regard to choice or conflict of law provisions.
5. ARBITRATION AGREEMENT. Holder hereby agrees, on behalf of itself and Related Persons, that: (a) any Claim asserted by Holder against any of the Released Parties shall be resolved by mandatory, confidential, final, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. ("JAMS"); (b) this Section 5 is governed by the Federal Arbitration Act ("FAA"); (c) the FAA is applicable because the Released Parties are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (g) the arbitrator shall have the power to award any remedies, including reasonable attorneys' fees and costs, available under applicable law; (h) judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant to this Agreement shall take place in Kings County, New York.
6. CLASS ACTION WAIVER. 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 signing this Agreement, 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.
7. SEVERABILITY. Holder hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
I, HOLDER, HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. 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 Agreement, I understand I am forever prevented from suing or otherwise asserting a Claim against any of the Released Parties. I understand that this Agreement is a material inducement for my admission to the Venues 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.