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EVENT REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver").
Event: Xtoberfest 2012 - Oktoberfest in Philadelphia
Event Date: Saturday, September 29, 2012
Please read this waiver carefully. It includes a release of liability and waiver of
legal rights and deprives you of the ability to sue certain parties. Do not agree to this document
unless you have read and understood it in its entirety. By agreeing electronically, you acknowledge
that you have both read and understood the text representing requirements, rules, and restrictions
presented to you as part of the registration process.
You also understand and agree that events carry certain inherent dangers and risks, which may or may not
be readily foreseeable, including without limitation personal injury, property damage, illness, and death. Your
ability to participate in the event(s) is/are subject to your agreement to the waiver and by agreeing
herein, you accept and agree to the terms of the waiver and release agreement.
By indicating your acceptance by checking the "I Agree" checkbox, you understand, agree, warrant and
covenant as follows: I am aware of the risks of attending the following event,
Xtoberfest 2012 - Oktoberfest in Philadelphia ("Event"). I voluntarily assume such risks for myself, my personal
representatives, assigns, heirs, and next of kin. I release UpcomingEvents.com LLC,
the event organizer, and UpcomingEvents.com
and each of their respective officers, managers,
volunteers, staff, event partners, event venue (and its operators/tenants/teams), and agents from any
and all liability arising from this event and my participation in or attending of this event. I will
comply with all applicable laws, rules and regulations in my participation or attendance at the event.
I agree that my photograph may be used in promotion or advertising for UpcomingEvents.com LLC.
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Authority to Register and/or to Act as Agent.
You represent and warrant to UpcomingEvents.com LLC ("UpcomingEvents.com") that you have full legal
authority to complete this event registration on behalf of yourself and/or any party you are registering
(the "Registered Parties"), including full authority to make use of the credit or debit card to which
registration fees will be charged.
As used in this Agreement and Waiver, UpcomingEvents.com refers to UpcomingEvents.com LLC and any and all
subsidiaries, affiliated entities, or entities that control or are controlled by UpcomingEvents.com
singly or together and its officers, employees, contractors, subcontractors and agents. If you are
registering a child under the age of 18 or an incapacitated adult you represent and warrant that you
are the parent or legal guardian of that party and have the legal authority to enter into this
agreement on their behalf and by proceeding with this event registration, you agree that the terms
of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child
under 13, you agree and consent to the collection of that child's information which you provide for
the purposes of registration.
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Waiver.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE UPCOMINGEVENTS.COM FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
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Limitation of Liability; Disclaimer of Warranties.
UPCOMINGEVENTS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE UPCOMINGEVENTS.COM OR (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH UPCOMINGEVENTS.COM OR (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF UPCOMINGEVENTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF UPCOMINGEVENTS.COM IS AT YOUR SOLE RISK. UPCOMINGEVENTS.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UPCOMINGEVENTS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
UpcomingEvents.com makes no warranty that the UpcomingEvents.com sites' services will be uninterrupted, secure or error free. UpcomingEvents.com does not guarantee the accuracy or completeness of any information in, or provided in connection with, the UpcomingEvents.com sites. UpcomingEvents.com is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the UpcomingEvents.com sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
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Indemnification.
You agree to indemnify and hold harmless UpcomingEvents.com, its officers, directors, employees, agents and representatives, from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of UpcomingEvents.com or the violation of any term of this Agreement and Waiver as well as the site's general Terms and Conditions located here.
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Applicable Law; Consent to Jurisdiction
The UpcomingEvents.com sites (excluding linked sites) are controlled by UpcomingEvents.com from its offices within the State of New Jersey, United States of America. By completing this event registration, both you and UpcomingEvents.com agree that the statutes and laws of the State of New Jersey, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, the Terms of Use or other use of the UpcomingEvents.com sites. You agree that exclusive jurisdiction for any dispute with UpcomingEvents.com resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any dispute including any claim involving UpcomingEvents.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
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Severability.
You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
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Force Majeure.
You expressly agree that Upcomingevents.com shall not be liable to you or any Registered Parties for any failure, delay or disruption of services or the Event due to any cause beyond Upcomingevents.com's control. Such cases include, without limitations, acts of war, civil disturbances, fires, floods, storms, weather impact, earthquakes, sabotage, health crisis, disease outbreaks of any kind, local emergencies, labor shortage or disputes, Internet interruption, disruption of telecommunications, transportation, utilities, or necessary supplies, government action, computer viruses and incompatible or defective equipment, software, or services, including the failure of Web site hosting equipment and telecommunications devices that support the Web site hosting of you or Upcomingevents.com, or other similar events.
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COVID-19 and Other Viruses / Illness
It is understood that you or anyone with you may be exposed to COVID-19 or other types of illnesses, viruses, and bacteria during participation in this Event. Anyone attending Event will notify the Event Organizer immediately of any possible exposure or positive case of COVID-19 and you as the Event attendee assume complete and sole responsibility of all related matters or claims by other Event attendees, staff, etc related to your possible exposure or positive case of COVID-19. We reserve the right to refuse attendance to the Event for 14 days prior to any exposure or positive test for COVID-19. While temperature checks are the full responsibility of the event attendee, Event will not accept an attendee who has a temperature of 100.4 degrees F or greater. If you have a fever, please STAY HOME.
YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE UpcomingEvents,com LLC, Event Organizer, or any event attendee or staff member and release from all liability their personal representatives, assigns, heirs, and next of kin for any loss, damage, or claim therefore on account of injury, contraction of illness, including COVID-19, whether caused by any negligent act or omission or otherwise while the undersigned is participating in Event or anything in connection with the Event.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING
UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT
AND WAIVER FREELY AND VOLUNTARILY AND INTEND BY YOUR ACCEPTANCE FOR IT TO BE A COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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Xfinity Live! Philadelphia
