ARBITRATION AND RELEASE & WAIVER OF LIABILITY AGREEMENT
MONSTER JAM® EVENTS
PLEASE READ CAREFULLY BEFORE SIGNING THIS ARBITRATION AND RELEASE & WAIVER OF LIABILITY RELEASE AGREEMENT (THIS "AGREEMENT"). THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to enter and remain at the premises (the "Venue") hosting the specified Monster Jam event (the “Event”) and in addition to the corresponding entry ticket(s), each a revocable license that grants one-time entry into the Venue and a seat for the Event with no right of re-entry during the Event and my agreement to be bound to the ticket terms, I, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder's or their behalf (collectively, "Related Persons"), hereby acknowledge and agree to the terms below. The person seeking entry pursuant to the entry ticket(s) issued on a per transaction basis, and any accompanying minors ("Holder"), agrees to be bound by the terms and conditions of this Agreement. THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO THE VENUE’S ENTRY TICKET TERMS AND CONDITIONS.
1. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. Holder fully understands that:
(a) the novel coronavirus SARS- CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, "COVID-19" ) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present;
(b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the Venue (collectively, the "Venue Protocols") by local, state and federal governmental agencies, the Venue owner/operator, and/or by Feld Entertainment, Inc., Feld Motor Sports, Inc., and their affiliated companies (as applicable), (individually or collectively, "Event Organizer") and/or third parties, can eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Holder's spouse, family members, and other persons in proximity to Holder; and
(d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
2. ASSUMPTION OF RISKS, HAZARDS AND DANGERS. HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTAIRLY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, WHETHER OCCURING BEFORE, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT THE EVENT. HOLDER HEREBY ASSUMES, ON BEHALF OF ITSELF AND RELATED PERSONS, ALL RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
3. RELEASE, WAIVER & COVENANT NOT TO SUE.
(a) HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT A HOLDER OR ANY OF HOLDER'S RELEASED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 2, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) HOLDER'S EXPOSURE TO COVID-19; (II) HOLDER'S RELEATED PERSON'S OR RELATED PERSONS' EXPOSURE TO COVID-19, (III) HOLDER'S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE VENUE AND/OR COMPLIANCE WITH THE VENUE AND/OR EVENT ORGANIZER POLICIES, PROCEDURES AND PROTOCOLS; (IV) ANY INTERACTION BETWEEN HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE VENUE (INCLUDING, WITHOUT LIMITATION, EVENT ORGANIZER PERSONNEL, ACCESS MANAGEMENT PERSONNEL, USHERS, TICKET-TAKERS, SECURITY, HEALTH, SAFETY AND MEDICAL PERSONNEL, OR CLEANING, CONCESSION, OR PARKING PERSONNEL); OR (V) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 AND OTHER RISKS) (COLLECTIVELY, THE "CLAIMS"), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
(b) FOR THE PURPOSES HEREOF, THE "RELEASED PARTIES" ARE: (I) THE VENUE OWNER/OPERATOR, FELD ENTERTAINMENT, INC., FELD MOTOR SPORTS, INC., AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT PARENTS, AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS) AND OTHER PERSONNEL; (II) THE DIRECT AND INDIRECT OWNERS, LESSEES AND SUBLESSEES OF VENUE AND EVENT ORGANIZER; (III) ALL THIRD PARTIES PERFORMING SERVICES AT THE VENUE OR FOR THE EVENT; AND (IV) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS OF EACH OF THE FORGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES.
4. GOVERNING LAW. Holder hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of Florida, without regard to choice or conflict of law provisions.
5. ARBITRATION AGREEMENT. Holder hereby agrees, on behalf of itself and Related Persons, that: (a) any Claim asserted by Holder against any of the Released Parties shall be resolved by mandatory, confidential, final, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. ("JAMS"); (b) this Section 5 is governed by the Federal Arbitration Act ("FAA"); (c) the FAA is applicable because the Released Parties are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (g) the arbitrator shall have the power to award any remedies, including reasonable attorneys' fees and costs, available under applicable law; (h) judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant to this Agreement shall take place in Manatee County, Florida.
6. CLASS ACTION WAIVER. Holder hereby agrees that any and all disputes, including any Claims made by Holder against any of the Released Parties must be arbitrated on an individual basis only. By signing this Agreement, Holder hereby waives any right to litigate or arbitrate any Claim as a class action, representative action or class arbitration against any of the Released Parties.
7. SEVERABILITY. Holder hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
I, HOLDER, HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. I understand its terms and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights and that by signing this Agreement. I understand I am forever prevented from suing or otherwise asserting a Claim against any of the Released Parties. I understand that this Agreement is a material inducement for my admission to the Venue and that Event Organizer and the other Released Parties are relying upon it. I agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by Event Organizer or any other Released Parties.