By purchasing a ticket, I acknowledge I have read the next this Waiver & Release of Liability (hereinafter, this “Waiver”) and understand and agree to the terms and conditions contained therein as well as the legal rights I am waiving, as a prerequisite of my attendance at the “333 Music + Arts Festival” event (hereinafter, “333 Fest”), hosted and produced by 333 Record Label LLC, a West Virginia limited liability company (the “Company”).
I EXPRESSLY, WILLINGLY, KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ANY AND ALL RISKS OF PERSONAL INJURY (INCLUDING, WITHOUT LIMITATION, ANY SUCH INJURY CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH ANY DISEASE (AS DEFINED BELOW)), INCLUDING THE POSSIBILITY OF SERIOUS INJURY OR DEATH, CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH 333 FEST. I further acknowledge and accept that there is a chance that one or more persons, places and/or things with whom or with which I may have contact at 333 Fest may carry and/or may have been exposed to a disease and/or virus (e.g., the novel coronavirus commonly known as “COVID-19”) (collectively, “Disease”). I, being over the age of 18 years, accept and assume all risks of property loss or damage at 333 Fest. IN NO WAY HAVE I BEEN SUBJECTED TO ANY COERCION, PRESSURE OR UNDUE INFLUENCE BY THE COMPANY TO ATTEND 333 FEST OR PARTICIPATE OR ENGAGE IN ANY OF THE ACTIVITIES THAT MAY TAKE PLACE AT 333 FEST, NOR HAVE I BEEN PROMISED ANYTHING IN RETURN FOR MY ATTENDANCE AT 333 FEST OR MY PARTICIPATION IN ANY SUCH ACTIVITIES.
In consideration for participating in and attending 333 Fest, I further understand, acknowledge, consent, and agree as follows:
The Company, the Venue where 333 Fest is being held and their owners, or any of their respective affiliates, agents, contractors, employees and/or representatives, and the Venue where 333 Fest is being held, and their owners shall NOT be responsible for any damage to or theft of or from any vehicle(s). I understand and agree that my person, vehicle, and possessions may be subject to search, by the Company’s representatives, agents, contractors and/or employees or law enforcement authorities while attending 333 Fest. I understand that consumption, possession, or distribution of illegal substances constitutes a criminal act and violation thereof may subject me to immediate ejection from 333 Fest in addition to criminal penalties. I understand that any swimming in the rive at 333 Fest shall be at my own risk and I agree that I will obey venue signs regarding use of the river. I understand that I am prohibited from bringing firearms, ammunition, projectile weapons, fireworks, or explosives of any type to 333 Fest, and that I may not have any such prohibited items anywhere on the premises, including in my vehicle.
I understand that 333 Fest may be canceled due to circumstances beyond the control of the Company (including, without limitation, Disease and/or the actions of any government or other authority in connection with any Disease). All sales are final, including, but not limited to the event of early termination or relocation. Notwithstanding, and in consideration of (but not limited to) the possibility of postponement, the Company in its sole discretion, may choose to issue full or partial refunds in consideration of the cost(s) of any testing conducted in connection with any Disease (whether such testing is conducted by the Company and/or any contractor(s) engaged by the Company), if such tests have already been performed at 333 Fest. I understand that further certifications, waivers, and conditions of participation (including, but not limited to COVID-19 testing) may become required by the organizers, and/or governmental authorities. For the avoidance of doubt, all sales remain final in the event of my failure or unwillingness to comply with any existing or new certifications, waivers, and conditions of participation.
In the event of an accident, injury, or illness during 333 Fest whereby I am unable to provide my actual consent, I hereby consent to receive medical treatment considered advisable by the Company and/or on-site medical personnel at their discretion. I understand and agree that agents of the Company are not obligated and have no duty to provide medical services at any 333 Fest. I HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS the Company, the Venue where 333 Fest is being held and their owners, any affiliate(s) of the Company, and any and all agents, contractors, representatives and/or employees of the Company and/or any such affiliate(s), who may provide aid or medical treatment to me even if such assistance is later determined to be improper, negligent, or harmful.
I HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE, FOREVER DISCHARGE, DEFEND AND HOLD HARMLESS 333 FEST, the Company, the Venue where 333 Fest is being held and their owners, and 333 Record Label LLC., and any organizers, volunteers, employees and/or contractors of the foregoing from any and all liability in connection with any and all injuries (including any injury caused by, arising out of or in connection with any Disease and/or any negligence on the part of any of the foregoing) or other damages of any kind caused by, arising out of or in connection with my attendance at 333 Fest and/or participation in any and all 333 Fest activities.
I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT 333 FEST is an interactive event and that, as a participant therein, I may engage in activities that involve a substantial risk of personal injury, property loss and/or economic loss. These risks may include, but are not limited to, those caused by, arising out of or in connection with: (a) the actions or inactions of myself and others; (b) conditions of the premises or equipment used; (c) conditions of participants; (d) art sculptures; (e) fire and flame effects; (f) staging; (g) raccoons, bears, insects, ticks, reptiles or other wildlife; (h) water floats, boats, paddle boards or other water devices; and/or (I) vehicular traffic; and/or (k) Disease. I further acknowledge and fully understand that there may also be other risks that are presently unknown or unforeseeable.
Scheduled events and performances may be changed or cancelled at any 333 Fest without notice, and for the avoidance of doubt all sales remain final should these occur. Art installations, motorized vehicles, bicycles, tent structures, rebar, stages and performances and their equipment are not installed, owned, or operated by the Company, and I KNOWINGLY AND FREELY ASSUME ALL RISK OF LOSS, INJURY OR DEATH caused by, arising out of or in connection with their operation or use.
I am aware that my image, voice, likeness, and/or appearance (collectively, “My Personal Likeness’) may be embodied in a fixed medium of some fashion including, but not limited to, photographs, film, video, recordings, audio tapes, digital images, digital audio, or other video or audio recordings taken or made of me during the 333 Fest that I am attending 333 Fest, by the Company, its agents, employees, representatives, contractors, directors, members, licensees, successors and assigns (collectively, the “Company’s Representatives”) and/or by other participants (collectively, as the same may be modified, adapted, altered or the like, the “Materials”), and, as a condition to my attendance at 333 Fest, I hereby consent to such embodiment of My Personal Likeness in the Materials without payment of any compensation to me. In the event that I photograph, film, record (whether audio or visual), make digital images or digital audio, or make other video or audio recordings of the 333 Fest event, participants or artwork at the 333 Fest event, or otherwise relating thereto (“333 Fest Works”), I agree that the 333 Fest Works may be displayed, published, performed, reproduced, or otherwise used only for personal use unless the prior written consent of the Company has been obtained.
I hereby grant the Company an irrevocable, non-exclusive, royalty-free license to use the Materials and/or the 333 Fest Works in and in connection with 333 Fest and/or any derivatives of, successors to and/or events, companies, productions and/or projects affiliated with 333 Fest (collectively, “333 Fest Projects”), in all media, whether now known or hereafter devised, throughout the universe, in perpetuity. Such rights include, without limitation, the right to use the Materials and/or the 333 Fest Works, in whole or in part, in and in connection with (a) the development, production and/or other exploitation of any 333 Fest Project, as well as all allied, ancillary, subsidiary, and derivative uses and versions of 333 Fest and/or any 333 Fest Project, and (b) advertising, marketing, promotion and publicity in connection with the Company, any affiliates of the Company, 333 Fest, the 333 Fest Projects, the Materials and/or the 333 Fest Works, and/or any or all allied, ancillary, subsidiary and derivative uses of the foregoing, in all media, whether now known or hereafter devised, throughout the universe, in perpetuity, at no additional cost. I irrevocably waive any right to inspect or to approve any Materials, whether or not any of the foregoing may be created using or includes or embodies My Personal Likeness and waive any claim with respect to the eventual use thereof. Furthermore, I HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS the Company, the Venue where 333 Fest is being held and their owners, and the Company Representatives from any and all claims and demands caused by, arising out of or in connection with such use including, without limitation, any and all claims for invasion of privacy, infringement of my right of publicity, defamation (including libel and slander), and any other personal or property rights.
I ACKNOWLEDGE, UNDERSTAND AND AGREE that my participating in 333 Fest’s many varied camping and recreational activities entails both known and unanticipated inherent risks, which include, but are not limited to, exposure to outdoors, nature, weather, Acts of God, animal life, plant life, inexperience or unfamiliarity with various activities, unfamiliarity with the location or facility, acts of other participants (including violent or criminal acts), complications or reactions from weather conditions or outside environment or nature, inadequate or unavailable healthcare facilities or assistance, accidents, Disease, illnesses, allergic reactions, negligence or a mistake.
It is my intention and desire that this Waiver be construed as broadly as legally permissible by the laws of the State of West Virginia such that the Company, the Venue where 333 Fest is being held and their owners, the Company Representatives and/or any volunteers associated with the foregoing SHALL NOT BE LIABLE for any harm suffered by me as a result of my attending 333 Fest. In the event of any dispute or controversy, I hereby agree to initiate mediation in Ivanhoe, VA at my sole expense as a condition precedent to the filing of any action in a court of law. Should legal action thereafter be commenced, the prevailing party shall be entitled to an award of reasonable outside attorney’s fees and costs incurred in connection with such action. Damages for any action against the Company, the Company Representatives and/or any volunteers associated with the foregoing shall be limited to the actual cost of entry fees and shall not include any foreseeable, unforeseeable, punitive, or consequential damages. Any dispute shall be resolved in accordance with the laws of Ivanhoe, VA. I fully understand that the Company and the 333 Fest staff reserve the right to refuse anyone entry to 333 Fest grounds and to evict anyone at any 333 Fest from the 333 Fest grounds for any reason.
ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, I DO HEREBY EXPRESSLY, WILLINGLY, KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, INJURY OR DEATH (INCLUDING, WITHOUT LIMITATION, ANY OF THE FOREGOING CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH ANY DISEASE) AND WAIVE, RELEASE, DISCHARGE AND OTHERWISE AGREE THAT I AM BARRED FROM BRINGING AND HEREBY COVENANT AND AGREE THAT I SHALL NOT BRING ANY CAUSE OF ACTION, IN EQUITY OR IN LAW, WHETHER INDIVIDUALLY OR AS A MEMBER OF ANY CLASS, AGAINST THE COMPANY, THE VENUE WHERE 333 FEST IS BEING HELD AND THEIR OWNERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, REPRESENTATIVES AND/OR AGENTS, FOR ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, ANY CLAIMS CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH ANY DISEASE) FOR DAMAGES, INJURIES, LOSSES, LIABILITIES AND EXPENSES, DIRECT, INDIRECT OR CONSEQUENTIAL, WHICH I MAY HAVE OR WHICH I MAY SUBSEQUENTLY SUFFER, CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH MY ATTENDANCE AT 333 FEST AND/OR PARTICIPATION IN ANY AND ALL ACTIVITIES AT 333 FEST, EVEN IF SUCH CLAIM IS THE RESULT OF GROSS NEGLIGENCE.
If any term of this Waiver is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability, and all other terms hereof shall remain in full force and effect.