CONCERT IN THE CORN
WAIVER AND RELEASE OF CLAIMS
By purchasing this ticket and attending Concert in the Corn (the “Event”), the purchaser (“Attendee” or “you”) hereby agrees to and accepts this Waiver and Release of Claims (this “Release”) effective as of the date the ticket is purchased. The Event features camping, outdoor activities and music. Outdoor activities include, but are not limited to, swimming, driving rented vehicles such as All-Terrain Vehicles, Utility Task Vehicles and golf carts, hiking, running, dancing, concerts, alcohol consumption and more (collectively, the “Activities”). In consideration of Attendee’s participation in the Event and the Activities, Attendee agrees as follows:
1. Attendee hereby unconditionally and irrevocably releases, waives and forever discharges White River Ag Products, Inc., a Wisconsin corporation, Elegant Redneck Promotions, LLC, a Wisconsin limited liability company, and their respective affiliates, shareholders, members, directors, managers, officers, employees, agents, contractors, representatives, sponsors, volunteers, successors and assigns (collectively, the “Releasees”) from any and all claims and liabilities for any damages or injuries Attendee may suffer in connection with attending the Event or participating in the Activities. This Release includes all claims, demands, damages, rights of action and causes of action of any type whatsoever, whether based on statute or common law or otherwise, relating in any way to any property damage or personal injury (including death) Attendee may suffer in connection with being present at the Event or participating in any Activities, even if caused by the negligence or other improper (but non-intentionally wrongful) conduct of the Releasees. Attendee understands that the Activities in which Attendee may participate while at the Event involve risks of property damage, personal injury and death, and Attendee consciously assumes and takes full responsibility for those risks and any resulting injuries or damages.
2. Attendee knows and understands the scope, nature and extent of the risks involved in the Activities. The Activities may take place with other participants in natural, outdoor settings, including hills, forests, lakes and ponds. Risks from participating in the Activities may include, but are not limited to, wildlife encounters, allergies, falling trees and limbs, marked and unmarked obstacles, slick or uneven walking surfaces, surfaces covered with water, rugged terrain, sunburn, injury through the acts of other participants, collisions with vehicles or equipment or equipment malfunction. The Activities may require physical exertion, which may be strenuous and could, in some circumstances, result in injury, including, but not limited to, abnormal blood pressure, fainting, heat stroke, heartbeat disorders, heart attack or other physical injury. If Attendee experiences any physical pain or discomfort, Attendee agrees to immediately discontinue the Activity and seek help.
3. If an emergency or other incident occurs which, in the sole judgment of the Releasees or medical personnel, requires medical treatment or care, Attendee hereby consents to such treatment. Attendee understands and agrees that any and all medical treatment rendered to Attendee by, or at the request of, any Releasee is not an admission of any obligation to provide, or to continue to provide, any such medical treatment and also is not a waiver by any Releasee of any right under this Release.
4. Attendee shall defend, indemnify and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, the costs of enforcing any right to indemnification under this Release and the cost of pursuing any insurance providers, incurred by the Releasees arising out of or resulting from any claim of Attend or a third party related to Attendee’s attendance at the Event and/or participation in the Activities.
5. This Release extends and applies to all unknown, unforeseen, unanticipated and unsuspected injuries, damages, losses and liabilities, and the consequences of them, as well as those disclosed or known to exist. Attendee expressly waives all provisions of any state, federal, local or territorial law or statute which provides that releases will not extend to claims, demands, injuries or damages that are unknown or unsuspected to exist at the time to the person executing the release.
6. Attendee understands that he or she is responsible for any items or property brought to the Event (including, but not limited to, cameras, phones, vehicles, camping gear and other personal belongings) and that the Releasees are in no way responsible for lost, missing, stolen or damaged items.
7. Attendee authorizes the Releasees’ assignees, licensees, legal representatives and transferees to use and publish (with or without Attendee’s name or company name, or with a fictitious name) any audiovisual recordings, photographs, pictures, portraits or images of Attendee in any and all forms and media and in all manners, including, but not limited to, composite images and distorted representations, for the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form or on Internet websites) for any product or services or for any such other lawful uses as may be determined by the Releasees. Attendee waives any and all right to review or approve any uses of his or her name, likeness, images, written copy or finished product.
8. This Release is legally binding upon Attendee and Attendee’s heirs, estate, assignees, legal guardians and personal representatives.
9. If any provision of this Release is for any reason held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other provision of this Release, and this Release will be construed as if such invalid or unenforceable provision were omitted.
10. By entering into this Release, Attendee knowingly and voluntarily waives any and all right Attendee might have to a trial before a jury and agrees to mandatory binding arbitration of all disputes or claims arising out of this Release.
This is a release of liability. Please discontinue the purchase of any tickets if Attendee does not understand or does not agree with the terms of this Release. By purchasing a ticket AND CHECKING THE BOX TO ACCEPT THIS RELEASE, ATTENDEE REPRESENTS AND WARRANTS TO THE RELEASEES THAT (A) ATTENDEE HAS READ THIS RELEASE UNDERSTANDS ITS TERMS, (B) ATTENDEE UNDERSTANDS THAT HE OR SHE IS GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THIS RELEASE, AND (C) ATTENDEE hereby accepts and agrees to all terms of this Release FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ATTENDEE.