Guidelines and Release and Waiver of Liability
Please read the following Event Release and Waiver of Liability (the “Release and Waiver”) carefully as it contains important information and guidelines for LIVE IN THE LOT (the “Event”) at Motorco Parts and Labor. By purchasing a ticket and clicking this acknowledgment, and in consideration for attending the Event, you are agreeing to the following policy and terms set by LIVE IN THE LOT.
GUIDELINES
Live In The Lot holds the right to:
- deny entry to parties who refuse to comply with the event safety and health measures.
- administer a health questionnaire and temperature checks to all parties entering the facility for the safety of the staff and crew along with the safety of guests.
You confirm that you are in appropriate health to attend the Event and agree to:
- comply with all federal, state, and local laws, orders, directives, and guidelines related to the Event, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. You also agree to follow all instructions, recommendations, and cautions of the Company at all times during the Event. If at any time you believe conditions to be unsafe or that you are no longer in proper physical condition to participate in the Event, you will immediately discontinue further participation in the Event.
INTELLECTUAL PROPERTY
- By attending the Event, you understand, agree and acknowledge that (i) you may be photographed and filmed, and (ii) you hereby provide the Company with your absolute, express consent to be photographed and filmed. You further understand and agree that these images and/or recordings can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for archival, promotional, and/or commercial purposes, in any manner, and in any media, now known or hereafter discovered, without any compensation to you. Your name, image and/or your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio, visual, or audio-visual recording, photograph, or other reproduction or other publication of the Event (the “Footage”) and may also be used by or on behalf of the Company or their entities, subsidiaries, affiliates, partners, sponsors, officers, shareholders, successors, licenses or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to you. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.
- Live In The Lot will not accept liability for any damages, loss or injuries sustained at the event, including loss or damage to property, however caused.
PARKING
- The Company disclaims all responsibility from losses or damages to vehicles parked in or near the Event. The Company is not responsible for losses or damage to any vehicle on or near the Event, including, without limitation, vehicles towed from the Event site.
MEDICAL CARE
- In the event of a medical emergency, you hereby consent to medical care and transportation at your own cost in order to obtain treatment that is deemed reasonably appropriate or necessary by the reasonable discretion of the Event staff, security, police or medical professionals.
- You hereby agree to release, forever discharge, and not hold responsible the Company from any liability arising out of, or in connection with, the actions or omissions of the Company related to your medical care.
- You recognize and acknowledge that, in attending the Event, there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated.
- You understand this waiver extends to any liability that arises out of, or is in any way connected with the medical treatment and transportation provided in the Event of an emergency and/or injury.
- By entering the Event site, you voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that may be sustained as a result of attendance at the Event or while on the premises, whether or not caused by the negligence of the Company Parties.
WAIVER
- By entering the Event, you assume any and all risk and/or danger, known or unknown, foreseeable and unforeseeable, resulting from, or incidental to, the Event, whether occurring prior to, during, or subsequent to, the Event, including, but not limited to, any death, personal injury or loss, damage or any liability whatsoever. You understand that your use of your ticket is contingent upon your voluntary assumption of the risk and danger that may result from, or be incidental to, your presence at the Event, whether occurring prior to, during or after the Event, including any actions or omissions arising out of the ordinary negligence of the Company, their parents, affiliates, and subsidiary companies, and each of their respective representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns, including the owners of the venues where the event takes place, the ticket agent(s), event sponsors, and the promoter(s) (the “Company Parties”) or otherwise.
INDEMNIFICATION
- You hereby indemnify and not hold responsible the Company Parties from any loss, liability, damage or cost in any way arising out of or related to, your actions and omissions at, around, or while traveling to and from, the Event.
- You hereby waive, discharge, hold harmless and covenant not to sue the Company Parties from any and all liability arising out of or in connection with the Event, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind, nature, or description arising out of, or related to the Event, your attendance at the Event, or your travel to and from the Event, whether or not caused by the negligence of the Company Parties.
- For safety reasons, the Company reserves the right to, without any prior notice or compensation to you: (i) postpone, cancel, interrupt or stop the Event; (ii) provisionally keep visitors on the Event site at the end of the Event; (iii) totally or partially vacate the Event site; and (iv) deny access to the Event site regardless of the possession of a Ticket.
FORCE MAJEURE
- If the Event is cancelled in whole or in part due to a Force Majeure Event, you will not be entitled to a refund. Notwithstanding the foregoing, the Company may issue, at the Company’s sole and absolute discretion, a partial or full refund of your Ticket, by accounting for, among other considerations, the extent and nature of the cancellation.
- A “Force Majeure Event” shall mean an act of God, act of terrorism, flood, hurricane, tsunami or other natural disaster, war, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of Event attendees, epidemic, pandemic, quarantine, or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of the Company. You understand that in all instances, the maximum remedy You may receive for the cancellation of any part of the Event, if any, will be the face value of Your Ticket, excluding all fees and/or service charges paid by You in connection with the purchase of Your Ticket.
JURISDICTION
- Any claim or cause of action arising under this Release and Waiver may be brought only in the federal and state courts located in Durham County, North Carolina and you hereby consent to the exclusive jurisdiction of such courts.
SIGNATURE
- I agree that this Release and Waiver shall be construed and interpreted according to the law of the state wherein the Event is conducted and that the Release Waiver herein will be construed to the maximum allowed by such law. I understand and agree that this Release and Waiver shall be binding upon my heirs, assigns and any personal entity acting upon my behalf.
- I have read the above items of the Release and Waiver, understand them, agree to abide by them, and hereby acknowledge that I understand this Release and Waiver with the purchase of a ticket.
BY CHECKING THE TERMS AND CONDITIONS BOX, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.