Danker Mae - Event Release of Liability and Waiver of Rights

RELEASE OF LIABILITY AND WAIVER OF RIGHTS

BY PURCHASING A TICKET TO A Danker Mae (“Company”) EVENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE Danker Mae (“Company”).

Events include scheduled events posted and sold on the Danker Mae (“Company”) website. 

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I desire to participate in the event (the “Event”) or to observe or otherwise participate in or in any other way be involved for any purpose with the Event. In consideration of being permitted to participate in the Event and in recognition of the Company’s reliance hereon, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this “Release and Waiver”), including all the Covenants and Agreements listed in this Release and Waiver (the “Covenants and Agreements”).

This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. I desire and intend that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable state laws, ordinances, statutes, rules, and regulations (“Applicable Law”). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Company and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Applicable Law.  

I HAVE READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY PURCHASING A TICKET TO AN EVENT AND PARTICIPATING FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.


COVENANTS AND AGREEMENTS

I hereby irrevocably and unconditionally agree for myself, my personal representatives, spouse, successors and assigns, heirs, and next of kin, as follows:

  1. ASSUMPTION OF RISK. My choice to participate in the Event is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Event involves inherent risks and dangers of accidents, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.

  2. RELEASE FROM LIABILITY. I fully and forever release and discharge Company and its respective affiliates, directors, officers, managers, shareholders, members, employees, agents, and insurers, and all others involved in the Event (collectively referred to in this Release and Waiver as “Company”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Event, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of Company. This waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other liabilities that California law does not permit to be released by agreement.

I understand that by purchasing a ticket, I agree to this release, and I am waiving any and all claims of any kind directly or indirectly arising out of or in connection with my participation in the Event, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

  1. INDEMNITY. I will defend, indemnify, hold harmless, and reimburse Company from and for all damages, losses, costs, or expenses (including legal fees) incurred by Company or paid by them to any person (including me or my insurers in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise connected with my participation in the Event, including without limitation any claim related to my own negligence or the ordinary negligence of Company. I will reimburse Company if anyone makes a claim against Company in connection with my participation in the Event, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties, or property however caused, whether by my own negligence, the ordinary negligence of Company, or otherwise.

  2. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Company, or join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Event, and I waive any right I may have to do so. This means that I cannot sue to hold Company responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Event, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of Company.

  3. COVENANTS. I will comply with all Applicable Laws while participating in the Event.

  4. PUBLICITY. I hereby grant Company, without limitation, the right to use my name and likeness in connection with the Event for any publicity without further compensation or permission.

BY PURCHASING A TICKET, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.


Date Updated: Jan 20, 2025