Waiver and Release and Grant of Rights
By purchasing a ticket, which entitles the ticketholder to receive 2021 TampaNoles Football Kickoff Block Party wristband, and in consideration for my being provided said wristband with which various restaurants and bars may permit me to enter into their establishments at certain times on August 14, 2021 (“Event”), the receipt and sufficiency of which is hereby acknowledged, I represent that I am 21 or older, (individually and collectively referred to below in the first person singular) and I agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, and grant of rights ("Waiver") :
1. Scope of Event. TBSC provides wristbands to individuals who present a valid EventLive ticket evidencing that they have made a certain monetary donation to TBSC. You agree that this provision of wristbands is the entirety of TBSC’s involvement in the Event. Various restaurants and bars in or around Ybor City may voluntarily choose to support TBSC by only admitting persons to their establishments who are wearing the wristband issued by TBSC. I recognize and agree that TBSC does not own, operate, or control, and TBSC is not an agent or employee of, and TBSC has not entered into any joint venture, partnership, or agency relationship with, any restaurant, bar or other establishment which may or may not require wristbands for entry during the Event.
2. Release of Liability; Limitation of Damages. I hereby forever and unconditionally release the Tampa Bay Seminole Club, Inc., the Florida State University Alumni Association, and the Florida State University, and each of their affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively "Released Entities"), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney's fees) for death, injury, loss or damage of property, (collectively "Claims") in any way arising out of my using the TBSC wristband or being involved with or around the Event, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. The Released Entities’ liability to me will be limited to actual damages arising from Released Entities' gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Event be greater than ONE HUNDRED DOLLARS ($100.00). Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my using the TBSC wristband or being involved with or around the Event is cumulative and not per incident. In no event shall Released Entities be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Released Entities has been informed of the possibility thereof.
3. Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my using the TBSC wristband or being involved with or around the Event. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my using the TBSC wristband or being involved with or around the Event, whether caused by me, another person or entity, or by the negligence of the Released Parties.
4. Comprehension of Risk. I fully comprehend and accept all of the risks associated with my using the TBSC wristband or being involved with or around the Event, including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food or alcohol sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. These risks include but are not limited to the following: a) the risks associated with travel to and from location(s) to be visited during the Event, including transportation provided by commercial, private and/or public motor vehicles; b) intoxication and/or alcohol poisoning from the alcohol you consume whether voluntarily or through coercion; c) the possibility of bodily injury (broken bones and soft tissue damage) including dental damages from falling down, injuries incurred while getting on or off (in or out of) the mode of transportation being used for the Event, being knocked down or being involved in a physical confrontation whether caused by yourself or someone else; or d) the risks associated with leaving the Event and returning to your residence or any other destinations. I understand that the Event takes place in public venues beyond TBSC’s control, and that TBSC has no involvement in the Event other than providing me a wristband.
5. Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of the Released Parties, its successors and assigns.
6. Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims incurred of any kind whatsoever, including attorney fees, in any way arising out of my using the TBSC wristband or being involved with or around the Event.
7. Voluntary Participation. I understand and confirm that my using the TBSC wristband or being involved with or around the Event is voluntary. I do not have to accept a wristband and if I choose not to accept the wristband I understand that I may ask for and upon requesting that I will receive a full refund of any monies I have previously paid or donated to TBSC as consideration for the wristband. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in, or my using the TBSC wristband or being involved with or around the Event. I acknowledge that the Released Parties are not responsible for the foods or beverages provided or consumed during my using the TBSC wristband or being involved with or around the Event. I understand that TBSC solely provides wristbands during the Event, and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization or person engaged in, rendering service to, or carrying out arrangements for any person or entity involved in the Event or by the act of default of any restaurant or shop or its employees.
8. Governing Law and Venue. This Waiver shall be governed in all respects by the laws of Florida State without regard to conflict of law principles. Venue shall be in the state courts in and for Hillsborough County.
9. Promotional Release. I hereby grant to TBSC the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my using the TBSC wristband or being involved with or around the Event, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the "Material"). TBSC has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the "Works'). I agree that TBSC is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to TBSC an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
10. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
11. Alcohol consumption. All persons 21 and older are able to drink alcohol freely at their own risk and may be asked for photo identification by any establishment selling or serving alcohol in conjunction with Florida State Laws. Persons who use the TBSC wristband or are involved with or around the Event and consume alcohol due so knowingly at their own discretion, risk and liability. Persons use the TBSC wristbands assume all risks associated with consuming alcohol and/or any other substance, and they will not hold the Released Parties liable for any injury whatsoever, including any negligence on the part of the Released Parties. Persons who are negligent do so at their own risk and risk causing serious harm to themselves and others. All participants ASSUME THE RISK for their alcohol consumption and being around other individuals who may be consuming alcohol, and you HOLD HARMLESS TBSC.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY RECEIVING A WRISTBAND I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. DO
IF YOU DISAGREE WITH ANY PORTION OF THIS WAIVER AND RELEASE OF LIABILITY, DO NOT ACCEPT A WRISTBAND AND NOTIFY A TBSC VOLUNTEER THAT YOU WOULD LIKE A REFUND OF ANY MONIES YOU HAVE DONATED TO TBSC.
