Voluntary Attendance. Attendee understands and confirms that Attendance/Ticket Purchase in any event offered by the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) (hereinafter, the “Events”) is voluntary. Ticket Holder/Attendee hereby warrants that he or she is in good health and suffers from no physical or mental condition that would create a unreasonable risk of harm to himself or herself, or to any other Ticket Holder/Attendee of the Events. Comprehension and Assumption of Risk. Ticket Holder/Attendee understands and acknowledges that there are potential risks involved related to Attendance/Ticket Purchase in the Events. Ticket Holder/Attendee hereby assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with Ticket Holder/Attendee’s Attendance/Ticket Purchase in the Events. Ticket Holder/Attendee accepts full responsibility for any liability, illness, injury, loss, damage or death in any way connected with my Attendance/Ticket Purchase in the Events. Ticket Holder/Attendee acknowledges that Attendance/Ticket Purchase in the Events is at Ticket Holder/Attendee’s sole risk. Release of Claims. Ticket Holder/Attendee hereby releases the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) from any and all liability or claims which may arise from Attendance/Ticket Purchase 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, communicable diseases, illnesses of any kind, food borne illnesses, theft of or damage to Ticket Holder/Attendees property, transportation or commute, exposure to adverse weather conditions, or choking. Ticket Holder/Attendee, on behalf of Ticket Holder/Attendee and Ticket Holder/Attendee’s successors, agents or assigns, hereby forever and unconditionally releases the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST), 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, Ticket Holder/Attendee’s Attendance/Ticket Purchase in the Events. Ticket Holder/Attendee further acknowledges that Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) is in no way liable for any injury to resulting from Ticket Holder/Attendee’s own conduct or behavior. Medical Expenses and Consent to Medical Treatment. Ticket Holder/Attendee hereby accepts full financial responsibility for any personal medical expenses or treatment which may result from Attendance/Ticket Purchase in the Events, and hereby releases the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) in full from any potential claim for such medical expenses. Further, Ticket Holder/Attendee hereby authorizes the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) to provide Ticket Holder/Attendee with medical treatment, whether resulting from an emergency or otherwise, and hereby releases Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) 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 Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) to provide or seek such medical treatment for Ticket Holder/Attendee. Indemnification. Ticket Holder/Attendee agrees to pay any and all costs, fees, expenses and charges arising from any act or conduct of Ticket Holder/Attendee that results in damage or injury to any person, including, but not limited to, any third party Ticket Holder/Attendee of the Events or employee of the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST). Ticket Holder/Attendee further agrees to indemnify and hold Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) harmless from and against any such act or conduct which results in damages of any kind. Cancellation and Force Majeure. The Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) hereby reserves the right to cancel the Events for any reason. Additionally, in the instance that the Events have commenced, the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) may cancel the remainder of such Events if, in the opinion of any employee or agent of the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST), there is sufficient reason to believe that the Ticket Holder/Attendee 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, pandemics, riots, acts of governing authorities, or otherwise. In the event of cancellation of the Events, the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) shall, at its own discretion, refund a portion of the monies paid by Ticket Holder/Attendee (less incurred costs and non-refundable deposits), reschedule the event, or offer an alternative event to the Ticket Holder/Attendee within thirty (30) days of such cancellation.
Promotional Release. Ticket Holder/Attendee hereby grants the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) a worldwide, royalty-free irrevocable license to use Ticket Holder/Attendee’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.
Consumption of Alcohol. Ticket Holder/Attendees twenty-one (21) years of age and older are able to drink alcohol during designated areas at the Events should they choose to do so. However, alcohol consumption shall be at Ticket Holder/Attendee’s own discretion, risk and liability. Ticket Holder/Attendee 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 8 notwithstanding, the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) reserves the right to excuse any Ticket Holder/Attendee from the Events if said Ticket Holder/Attendee becomes inebriated and misbehaves or has the potential to cause harm to him or herself or any other person or persons. If a Ticket Holder/Attendee is excused from the Events pursuant to this paragraph, it shall be without any sort of reimbursement by Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST). All Ticket Holder/Attendees hereby assume all risk involved with the consumption of alcohol and unconditionally hold the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST) harmless.
Modification. The provisions of this Agreement can only be modified by a written instrument executed by an authorized agent of the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST). Entire Agreement. This Agreement constitutes the entire agreement and understanding between Ticket Holder/Attendee and the Company (MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST), 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 Ohio. 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 Franklin County, Ohio, 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. Ticket Holder/Attendee acknowledges that this Agreement shall be binding upon Ticket Holder/Attendee’s heirs and assigns, personal representatives, beneficiaries and next of kin.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact.
As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. MGCK FOOD, LLC/THE COLUMBUS FOOD TRUCK FEST (“MGCK”) has put in place preventative measures to reduce the spread of COVID-19; however, MGCK cannot guarantee that you any minor you are responsible for will not become infected with COVID-19. Further, attending MGCK activities could increase your risk of contracting COVID-19.
By reading this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and any minor I am responsible for may be exposed to or infected by COVID-19 by attending MGCK activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at MGCK may result from the actions, omissions, or negligence of myself and others, including, but not limited to, MGCK employees, volunteers, and program Ticket Holder/Attendees and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at MGCK activities or Attendance/Ticket Purchase in MGCK programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless MGCK, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of MGCK, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after Attendance/Ticket Purchase in any MGCK program, tour or activity.
Ticket Holder/Attendee acknowledges that he or she has carefully read this Agreement and submits to all of the foregoing provisions. Further, Ticket Holder/Attendee acknowledges that he or she enters into this Agreement under his or her own volition, and that Ticket Holder/Attendee has been afforded the opportunity to review this Agreement with the attorney of his or her own choosing. Ticket Holder/Attendee acknowledges that he or she is giving up substantial rights by agreeing to the provisions of this Agreement. If Ticket Holder/Attendee is under the age of eighteen (18) years old, It is hereby acknowledged that Ticket Holder/Attendee’s parent of legal guardian has read and consented to the terms of this Agreement.
