This Waiver and Release of Liability (hereinafter, the “Agreement”) is being entered into in consideration of the benefit of participating in events offered by the Gentleman’s Gazette LLC (hereinafter, the “Host”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, (hereinafter individually and collectively referred to as the “Participant”), hereby acknowledge, represent, warrant and agree as follows, with the knowledge that the Host will rely on the warranties and obligations contained herein:
1. Voluntary Participation.
Participant understands and confirms that participation in any event offered by the Host (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.
2. 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 participation in the Events. Participant acknowledges that participation in the Events is at Participant’s sole risk.
3. Liability & Release of Claims.
The host does not assume responsibility for injuries to any persons or damage to or loss of any merchandise, equipment, or personal belongings before, during, or after the event. Excluding damages, injuries, or claims caused by the Host's gross negligence or misconduct, Participant agrees to indemnify, defend, and hold the Host and its agents and employees harmless from and against any and all actions or causes of action, claims, demands, liabilities, losses, damages, injuries, costs, or expenses of whatever kind or nature, for injuries to or the death of any person or persons, or damage to or loss of property alleged or claimed to have been caused by, or to have arisen out of or in connection with the event which is the subject of the agreement, except for acts of gross negligence, willful and/or intentional acts. Participant hereby releases the Host 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 consumption/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 Host, 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 or Participant's add-ons participation in the Events. Any liability found on the part of the Host shall be limited to the cost of participation. Participant further acknowledges that the Host is in no way liable for any injury to resulting from Participant’s own conduct or behavior or that of other guests.
4. Medical Expenses and Consent to Medical Treatment.
Participant hereby accepts full financial responsibility for any personal medical expenses or treatment which may result from participation in the Events, and hereby releases the Host in full from any potential claim for such medical expenses. Further, the Participant hereby authorizes the Host to provide Participant with medical treatment, whether resulting from an emergency or otherwise, and hereby releases the Host from any and actions in tort for the provision of such medical attention. Nothing in this Paragraph 4 shall be construed to create an actual or implied duty upon the Host to provide or seek such medical treatment for Participant.
5. 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 or vendor of the Events or employee of the Host. Participant further agrees to indemnify and hold the Host harmless from and against any such act or conduct which results in damages of any kind.
6. Refund Policy.
The Host does not and will not offer any individual refunds following the purchase. When purchasing tickets, the Participant has the opportunity, if desired, to acquire “Purchase Protection” through Purchase Protection, LLC. Any arrangement made between the Participant and Purchase Protection, LLC is completely beyond the purview and responsibility of the Host.
7. Cancellation and Force Majeure.
The Host hereby reserve the right to cancel the Events for any reason. Additionally, in the instance that the Events have commenced, the Host may cancel the remainder of such Events if, in the opinion of any employee or agent of the Host, 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 Host will be unable to offer any refunds.
8. Promotional Release.
Participant hereby grants the Host a worldwide, royalty-free irrevocable license to use Participant’s photographic, video, or digital likeness for promotional, educational, and/or commercial purposes. This Paragraph 8 shall, however, be limited to pictures, videos and descriptions of events which are captured in the course of the Events, or within a reasonable time thereof.
9. Illegal, Dangerous, and Destructive Conduct.
If the Participant engages in any conduct, behavior, or expression that violates local, state, or federal laws, the Participant will be subject to ejection from the Events without any right to remuneration. Expulsion is likewise permitted following any episodes of threatening conduct, physical violence, or damage or destruction to movable and immovable property. Any legal and/or financial obligations which the Participant may incur, including but not limited to compensation for destruction of property, fines, legal expenses, etc., are the sole responsibility of the Participant.
10. Prohibited Objects and Items.
Participants are strictly forbidden from carrying on their persons or among their portable goods any items which are illegal under local, state, and federal law and / or that violate the policies of the premises in which the Events are held or the policies of the Events themselves. Accordingly, Participants are forbidden from carrying weapons, including but not limited to firearms and bladed and blunt weapons, as well as any illegal substances, items, or instruments.
11. Code of Conduct.
Participant will abide by the understood code of conduct governing the Events in all of their aspects. Principally, this requires the Participant to conduct him or herself in a polite, friendly, and sociable way. In particular, any conduct, expressions, or speech that are insulting, threatening, excessively vulgar, excessively negative, harassing, disparaging, offensive, demeaning, bullying, or bigoted shall be grounds, at the sole discretion of the Host, for the expulsion of the Participant from the Events without remuneration. We are inclusive and accepting of everyone that is passionate about Classic Style.
12. Smoking.
The Participant cannot engage in smoking or utilizing any tobacco products or electronic smoking devices (vaping) while indoors at any premises associated with the Events. Smoking tobacco products or the use of electronic smoking devices (vaping) in outdoor spaces may be regulated and it is at the Participant's sole discretion to ensure they are able to engage in any smoking or vaping activities. The Host is not liable for any fine or citation the Participant may receive, or confiscation of Participant's smoking and/or vaping paraphernalia if Participant fails to cohere to the relevant smoking and/or vaping regulations while at the Event.
13. Consumption of Alcohol.
Participants eighteen (18) years of age and older are able to drink alcohol within designated locations as part of the Events should they choose to do so. However, alcohol consumption shall be at Participant’s own discretion, risk and liability. Participant will be required to produce government-issued photo identification prior to the commencement of the Events if he or she wishes to partake in any alcohol during the Events. The foregoing portion of this Paragraph 13 notwithstanding, the Host reserve the right to dismiss any Participant from the Events if said Participant becomes inebriated and misbehaves or has the potential to cause harm to him or herself or any other person or persons. If a Participant is excused from the Events pursuant to this paragraph, it shall be without any sort of reimbursement by the Host. All Participants hereby assume all risk involved with the consumption of alcohol and unconditionally hold the Host harmless.
14. Modification.
The provisions of this Agreement can only be modified by a written instrument executed by an authorized agent of the Host.
15. Entire Agreement.
This Agreement constitutes the entire agreement and understanding between Participant and the Host, 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.
16. 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.
17. Governing Law and Mediation.
The construction and meaning of the terms and provisions of this Agreement shall be interpreted in accordance with the laws of the State of Minnesota. Any action arising out of or relating to this Agreement, including without limitation, the validity, interpretation, performance, or breach thereof, shall be brought in state or Federal court sitting in Hennepin County, Minnesota, and any such court shall have exclusive jurisdiction over any such action.
18. 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.