FACES OF FITNESS
Waiver and Release of Liability
I, the attendee signing below, acknowledge the risks associated with attendance and participation at the Faces of Fitness fitness festival and related events (the “Festival”). I understand that such participation may be hazardous and involve the risk of injury, sickness (e.g. communicable diseases such as MRSA, influenza, and COVID-19), permanent disability and possibly death. I acknowledge that I must agree and sign this Waiver and Release of Liability (the “Waiver”) and Fitch Park Productions, LLC (“FPP”) requires the execution and delivery of this Waiver and Release of Liability before I can purchase a ticket to attend the Festival. Accordingly, in consideration for FPP’s providing such event, I agree as follows:
- I attest that I am 18 years of age or older. Upon entering the Festival I shall be required to present my ticket receipt and driver’s license or other government issues picture identification.
- I attest that I have been fully vaccinated against COVID-19 according to CDC standards.
- I willingly agree to comply with FPP’s stated and customary terms and conditions for attendance and participation in the Festival. If, however, I observe an unusual and/or significant hazard during my presence at the Festival, I will remove myself from participation in the Festival and promptly bring such hazard to the attention of the nearest Festival official.
- I knowingly and freely assume all risks of attendance and participation, both known and unknown, even if arising from the negligence of FPP, its affiliates, joint venturers, partners or any of their respective shareholders, directors, officers, agents and employees (collectively, the “FPP Indemnified Parties”).
- I acknowledge that there will be no storage provided for personal items. I have been urged to avoid bringing valuables into the Festival and that FPP shall not be liable for the loss of, theft of, or damage to my personal property, including items left anywhere in the Festival grounds. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.
- I acknowledge that yoga mats will not be provided to attendees of the Festival, and I am encouraged to bring my own yoga mat on the day of the Festival.
- I acknowledge that all tickets are FINAL SALE, NON-TRANSFERABLE, and NON-REFUNDABLE. No exceptions.
- FPP reserve the right, in their sole determination, to postpone, cancel, or modify the Festival due to factors beyond the control of FPP, especially any such factors that might affect the health and/or safety of Participants, including, without limitation, cancellations due to COVID-19 related governmental regulations and/or inclement weather.
- FPP will not be obligated to refund any Participant any registration fees due to a cancelled Event. In the event of FPP decides to postpone, cancel, or modify the Festival, Attendees shall receive notification via email prior to the date of the Festival or on the date itself.
- I acknowledge the contagious nature of the SARS-CoV-2 virus (“COVID-19”) and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending and/or participating in the Festival, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that my attendance and/or participation in the Festival involves the inherent risk of exposure to COVID-19 and the risk of becoming exposed to the COVID-19 or persons with the COVID-19 disease at the Festival may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other Participants. I knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during my attendance and participation in the Event, whether communicated verbally or in writing.
- I agree that I will neither attend nor participate in an Event if I in the past 14 days: (i) been tested for or have a suspected or confirmed case of COVID-19; (ii) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (iii) been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof).
- For myself and on behalf of my heirs, assigns, personal representatives and next of kin, I hereby release and hold harmless the FPP Indemnified Parties of and from all liabilities, costs, expenses, claims, demands, incidents, injuries, disability, death and loss or damage to person or property arising out of or related to my attendance and participation at the Festival, whether arising from their negligence or otherwise, to the fullest extent permitted by law.
- I irrevocably grant unlimited permission to the FPP Indemnified Parties to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, recordings, or any other depiction of any kind of my participation in the Festival or related activity for any legitimate purpose in perpetuity and I understand that I will not be entitled to any compensation in connection therewith. I further hereby irrevocably and absolutely grant permission to the FPP Indemnified Parties to film, videotape and record the performance in the Festival and subsequently to telecast, sell, distribute, and otherwise utilize the same in whatever manner the FPP Indemnified Parties shall deem appropriate.
- I acknowledge and agree that I am not permitted to use, reproduce, sell, disseminate, and distribution any and all photographs, images, videotapes, recordings, or any other depiction of any kind of my participation or the participation of a third party in the Festival or related activity for any commercial purposes in perpetuity. Any violation of this Section 14, is grounds from exclusion from participation at the Festival. I further agree to indemnify, defend, and hold the FPP Indemnified Parties from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.
- I acknowledge that no one under the age of 18 shall be permitted to enter onto the Festival grounds, participate in any activities, or purchase a ticket for admission.
- I acknowledge that FPP will not provide, sell, or serve alcoholic beverages at the Festival and I shall not be permitted to bring any alcoholic beverages onto Festival grounds. I also acknowledge that I shall not be permitted to bring any illegal drugs onto the Festival grounds. Should I bring or consume alcohol or drugs on the Festival grounds, I acknowledge that I am solely responsible for any and all damage suffered by myself or that I may cause to third parties as a result of said consumption including, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
- Food and non-alcoholic beverages will be provided by FPP for attendees free of charge. The FPP Indemnified Parties are not responsible or liable for any damages to myself or third parties that result from the consumption of food or drinks provided by FPP, myself, or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium.
- I acknowledge that the festival schedule, classes, instructors, and location are all subject to change without notice.
- FPP disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or any attendees and shall not be held liable for such actions that result from such conduct. All attendees will refrain from engaging in loud, foul or slanderous language or molesting, badgering or harassing other attendees or FPP employees, affiliates and/or contractors. Threatening or violent conduct is prohibited.
- I acknowledge and agree to receive notifications as required or permitted by law via email to the primary email address associated with the purchase of the ticket fee. By providing my email address, I authorize the FPP Indemnified Parties to send me email messages, including by automated means, for non-marketing purposes related to the Festival. I also authorize FPP and its affiliates to send me emails, including by automated means, for any advertising and marketing purposes. I will have the option to opt-out or unsubscribe from any such promotional emails at any time.
- I have read this Waiver and Release of Liability, fully understand its terms, and understand that I am giving up substantial rights including my right to sue the FPP Indemnified Parties under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
- If any term or provision of this Waiver and Release of Liability is found to be unenforceable or void, in whole or in part, then the offending term shall be construed as valid and enforceable to the maximum extent permitted by law, and the balance of this Waiver shall remain in full force and effect.
- This Waiver shall be construed in accordance with the laws of the State of Illinois, and the exclusive venue for any action arising out of this Waiver or the Festival shall be in the state and federal courts located in Cook County, Illinois.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY CLICKING TO AGREE AS PART OF MY EVENTBRITE REGISTRATION, AND I AGREE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.