SUMMER SWELTER CRAFT BEER FEST (SSCBF)
DISCLAIMER, TERMS & CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
All Ticket Holders acknowledge that by purchasing or by being provided tickets for the SSCBF, they have fully read this agreement, executed this agreement voluntarily, and that this agreement is to be binding upon all Ticket Holders, all members of Ticket Holder’s party attending SSCBF, and all Ticket Holder’s heirs, executors, administrators and representatives.
SSCBF Organizer: Greater Pitman Chamber of Commerce
SSCBF Ticket Holder expressly agrees to the following terms and conditions:
- Each Ticket Holder and attendee must be 21+ in age. NO ONE under the age of 21, including children in strollers or carriers accompanying their parents, will be admitted to SSCBF. No exceptions.
- There are NO refunds on tickets for any reason. All sales are final.
- SSCBF organizers have no responsibility (financial or otherwise) for event cancellation, interruption or inconvenience due to inclement weather or other circumstances beyond their control. Ticket Holder is not eligible for any refund due to postponements or cancellation on account of such circumstances.
- Any container, purse, bag or other property in Ticket Holder’s possession is subject to inspection by SSCBF security while entering the event, during event or during department from event.
- Ticket Holder expressly grants SSCBF organizers the non-exclusive, irrevocable, transferrable, perpetual right and license to publish, print, display, record and use (by photograph, film, video, audio or any other method or device) Ticket Holder’s name, voice, image, and likeness while at SSCBF, and to use such recordings for any purpose and in any medium now know or hereafter devised. Ticket Holder releases SSCBF organizers from liability for any such uses, including claims for infringement of any privacy, publicity, or other rights and other claims of any kind.
- SSCBF organizers encourage responsible consumption of alcoholic beverages at SSCBF. If Ticket Holder has any reason to suspect that his/her driving ability may be impaired or will be unsafe, Ticket Holder agrees to arrange for alternate transportation or to speak with a SSCBF representative, who will arrange for alternate transportation back to Ticket Holder’s destination point (at Ticket Holder’s expense).
DISCLAIMER AND INDEMNIFICATION
In return for the Greater Pitman Chamber of Commerce, the Summer Swelter Craft Beer Fest, Sony Music Entertainment and the Borough of Pitman allowing Ticket Holder to voluntarily participate in the Summer Swelter Craft Fest (SSCBF), each Ticket Holder agrees:
- TO ASSUME AND ACCEPT ALL RISK arising out of, associated with or related to Ticket Holder’s participation in the SSCBF, even though such risks may have been caused by the negligence of the Greater Pitman Chamber of Commerce, the Summer Swelter Craft Beer Fest, Sony Music Entertainment and/or the Borough of Pitman;
- TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Ticket Holder might sustain participating in SSCBF, even though such injury, wrongful death, loss or damage may have been caused by the negligence of the Greater Pitman Chamber of Commerce, the Summer Swelter Craft Beer Fest, Sony Music Entertainment and/or the Borough of Pitman;
- TO HOLD HARMLESS AND INDEMNIFY the Greater Pitman Chamber of Commerce, the Summer Swelter Craft Beer Fest, Sony Music Entertainment and/or the Borough of Pitman from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from Ticket Holder’s participation in the SSCBF; and
- TO INDEMNIFY AND HOLD HARMLESS the Summer Swelter Craft Beer Fest, its organizers, directors, officers, employees, volunteers, members, charity and representatives from any and all claims, demands, actions, and costs which might arise out of Ticket Holder’s participation in the SSCBF, even though such claims, demands, actions, and costs may have been caused by the negligence of the Greater Pitman Chamber of Commerce, the Summer Swelter Craft Beer Fest, Sony Music Entertainment and/or the Borough of Pitman.
DESCRIPTION OF RISKS
In consideration of Ticket Holder’s voluntary participation in SSCBF and all activities related to the event, Ticket Holder acknowledges awareness of the possible RISKS, DANGERS AND HAZARDS associated with SSCBF, including but not limited to the following:
- Intoxication and/or alcohol poisoning from the alcohol that Ticket Holder consumes whether voluntarily or through coercion;
- The possibility of any type of bodily injury (broken bones, soft tissue damage, dental damages) from falling down, being knocked down or being involved in a physical confrontation whether caused by Ticket Holder or someone else;
- The risks associated with returning to Ticket Holder’s residence or traveling to any destination after SSCBF, especially the risks of operating a motor vehicle after consuming alcohol.
In the event a court of competent jurisdiction shall hold any provision of this Agreement to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement is the product of negotiations between the Greater Pitman Chamber of Commerce, the Summer Swelter Craft Beer Fest, Sony Music Entertainment and/or the Borough of Pitman and the voluntary participants (Ticket Holders). Ticket Holders hereto acknowledge that they have participated in the negotiation of this Agreement. Furthermore, this Agreement shall not be construed against either Party by reason of such Party having been or having been deemed to have structed, dictated, or drafted this Agreement. The Parties to this Agreement acknowledge that each of the Parties have been given an opportunity to review this Agreement with counsel and that their purchase of SSCBF tickets represents their voluntary act and evidences their agreement to the terms described herein, each intending to be bound by same.
APPLICABLE LAW JURISDICTION
This Agreement shall be construed and enforced under the laws of the State of New Jersey. Any legal action arising out of this Agreement shall be brought in the competent courts of Gloucester County, New Jersey.