Refunds. No refunds will be given once a purchase has been made. Exchanges can be made between Summer Series events.
Waiver and Release of Liability. This Waiver and Release of Liability (hereinafter, the “Agreement”) is being entered into in consideration of the benefit of participating in events offered by Rhythmic Souls Tap Company (hereinafter, the “Company”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, on behalf of myself and those in my party (hereinafter individually and collectively referred to as the “Participant”), hereby acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on the warranties and obligations contained herein:
Voluntary Participation. Participant understands and confirms that participation in any event offered by the Company (hereinafter, the “Events”) is voluntary. Participant hereby warrants that he or she is in good health and suffers from no physical or mental condition that would create an unreasonable risk of harm to himself or herself, or to any other participant of the Events.
Comprehension and Assumption of Risk. Participant understands and acknowledges that there are potential risks involved related to participation in the Events. Participant hereby assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with Participant’s participation in the Events. Participant accepts full responsibility for any liability, injury, loss, damage or death in any way connected with my participation in the Events. Participant acknowledges that participation in the Events is at Participant’s sole risk.
Release of Claims. Participant hereby releases the Company from any and all liability or claims which may arise from participation in the Events. This paragraph shall be inclusive of, but not limited to, any injury or death resulting from exposure to food or beverage allergies, food borne illnesses, theft of or damage to Participants property, transportation or commute, exposure to adverse weather conditions, or choking. Participant, on behalf of Participant and Participant’s successors, agents or assigns, hereby forever and unconditionally releases the Company, its owners, officers, employees, agents, successors in interest and insurers (hereinafter referred to as the “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses, including, without limitation, attorney’s fees, in any way arising out of, or resulting from, Participant’s participation in the Events. Participant further acknowledges that Company is in no way liable for any injury to resulting from Participant’s own conduct or behavior.
Indemnification. Participant agrees to pay any and all costs, fees, expenses and charges arising from any act or conduct of Participant that results in damage or injury to any person, including, but not limited to, any third party participant of the Events or employee of the Company. Participant further agrees to indemnify and hold Company harmless from and against any such act or conduct which results in damages of any kind.
Cancellation and Force Majeure. The Company hereby reserves the right to cancel the Events for any reason. Additionally, in the instance that the Events have commenced, the Company may cancel the remainder of such Events if, in the opinion of any employee or agent of the Company, there is sufficient reason to believe that the Participant may be in danger of injury or loss. This paragraph includes, but is not limited to, any act of God or unforeseeable event, such as natural disasters, riots, acts of governing authorities, or otherwise. In the event of cancellation of the Events, the Company shall refund the monies paid by Participant for the ticket(s) within thirty (30) days of such cancellation.
Promotional Release. Participant hereby grants the Company a worldwide, royalty-free irrevocable license to use Participant’s photographic, video, or digital likeness for promotional, educational, and/or commercial purposes. This Paragraph 7 shall, however, be limited to pictures, videos and descriptions of events which are which are captured in the course of the Events, or within a reasonable time thereof.
Modification. The provisions of this Agreement can only be modified by a written instrument executed by an authorized agent of the Company.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between Participant and the Company, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Agreement.
Severability. If any part of this Agreement is found to be void by a court of law, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void portions were deleted.
Governing Law and Arbitration. The construction and meaning of the terms and provisions of this Agreement shall be interpreted in accordance with the laws of the State of Texas. Any dispute arising out of or relating to this Agreement, including without limitation, the validity, interpretation, performance, or breach thereof, shall be settled by arbitration in Dallas County, Texas and shall be done so pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered before an appropriate court in that state of venue.
Binding Effect. Participant acknowledges that this Agreement shall be binding upon Participant’s heirs and assigns, personal representatives, beneficiaries and next of kin.
Participant acknowledges that he or she has carefully read this Agreement and submits to all of the foregoing provisions. Further, Participant acknowledges that he or she enters into this Agreement under his or her own volition, and that Participant has been afforded the opportunity to review this Agreement with the attorney of his or her own choosing. Participant acknowledges that he or she is giving up substantial rights by agreeing to the provisions of this Agreement. If Participant is under the age of eighteen (18) years old, It is hereby acknowledged that Participant’s parent of legal guardian has read and consented to the terms of this Agreement. *