PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK RELATING TO COVID-19 OR ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE.
By purchasing an admission ticket and in consideration for being able to enter the Pepsi Gulf Coast Jam Music Festival (the “Festival”), I agree for myself and on behalf of any individual who uses a ticket or pass purchased by me or who accompanies me to the Festival to the following:
1. AGREEMENT TO FOLLOW DIRECTION AND INSTRUCTION. I agree to observe and obey all posted rules and warning regarding COVID-19, and further agree to follow any oral instructions and/or directions given by PCB Entertainment, LLC, its employees, managers, representatives, agents, hired security personnel, local law enforcement, fire and medical personnel and federal law enforcement.
2. ASSUMPTION OF THE RISKS. I acknowledge that there are certain inherent risks of exposure to the disease COVID-19, and any other communicable or infectious disease, exist in any public place where people are present. I further acknowledge that COVID-19 is an extremely contagious disease that can lead to serious illness and death, that those risks are increased in persons over the age of 65 or those with underlying medical conditions and that there is an additional risk that I will expose others that I later encounter, even if I am not experiencing symptoms of COVID-19 myself. I further acknowledge that the Centers for Disease Control and Prevention (“CDC”) and public health authorities recommend the practice of social distancing. By entering the Festival, I agree to voluntarily assume any and all risks in any related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or other, and including without limitation, all risks based on the negligence of the Released Parties, named below. I acknowledge that my visit and participation are entirely voluntary.
3. WAIVER: On my own behalf on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit and participation in the Festival.
4. ACKNOWLEDGEMENT BY OTHER USERS: I attest, acknowledge, and agree that any individual for whom I have bought a ticket or pass, or who accompanies me to the Festival has independently and carefully read this Covid-19 Liability Waiver and has knowingly and independently acknowledged and agreed to all its provisions, without limitation. I acknowledge and agree that any individual for whom I have bought a ticket or pass is intended to be a third-party beneficiary of that ticket or pass.
5. INDEMNIFICATION. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to indemnify and hold each of the Released Parties, named below, harmless from and against any and all claims made or incurred by anyone, including myself and any individual who uses a ticket or pass purchased by my or who accompanies me to the Festival, arising out of any and all risks described in this Covid-19 Liability Waiver or in any other way related to exposure to CONVID-19 and any other communicable or infectious disease, wherever such activities occur and whether suffered before, during, or after such participation. My indemnification obligation includes, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals.
6. RELEASED PARTIES. The Released Parties are PCB Entertainment, LLC; and their respective affiliated or related companies, and all officers, directors, employees, shareholders, members, agents, contractors, sub-contractors, representatives, successors, assigns, insurers, and volunteers of each of the foregoing.
7. APPLICABLE LAW. This COVID-19 Liability Waiver shall be governed by the laws of the State of Florida. Venue of any action related to the Festival including any arising out of this COVID-19 Liability Waiver shall be commenced in the Circuit Court 14 th Judicial Circuit in and for Bay County, Florida.
8. ENFORCEABILITY. If any provision or part thereof of this COVID-19 Liability Waiver is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken without affecting the binding force and effect of any other part or provision of this COVID-19 Liability Waiver.