PLEASE READ THE FOLLOWING VERY CAREFULLY, AS IT AFFECTS YOUR RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS
This RELEASE OF LIABILITY, ASSUMPTION OF THE RISK, AND INDEMNIFICATION AGREEMENT (this “Release”) is entered into, as of the date of my registration to the Event (as defined below), by and between Myself (as defined below) and Mode Miami LLC, a Florida limited liability company with principal place of business at 117 NE 1st Ave, Miami FL 33132 (“Mode Miami”)(each a “Party” and collectively, the “Parties”).
I understand that Mode Miami is involved in putting on the Miami Bar Crawls-branded bar crawl events. I understand that my agreeing to this Release is a condition of being allowed to participate in the Event, is integral in allowing Mode Miami to render their service in general and at reasonable rates, and that if I do not agree to the terms herein I should not proceed with registration and/or participate in the Event.
In exchange for being allowed to participate in the Event, and for other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, I hereby freely and voluntarily agree to the following:
- Definitions.
1.1. “Bar Crawl” shall mean an event in which people travel from one bar location to one or more other bar locations over the course of the event, usually while enjoying one or more alcoholic beverages;
1.2 “Event” shall mean the actual ‘Miami Bar Crawls’ bar crawl that I am currently signing up for, and would like to participate in;
1.3 “I”, “Myself” shall mean me, the person who is currently signing up for the Event, who would like to participate in the Event, and whose identifying information is reflected in the online form that is used to register for the Event;
1.4 “Losses” shall mean any and all losses (economic and non-economic), demands, damages (including direct, indirect, incidental, special and/or consequential), liabilities of any kind, deficiencies, claims, actions, causes of action of any kind or any nature), judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees.
- Assumption of the Risk. I understand that participation in Bar Crawls, as defined in Section 1 above, is, by its very nature, associated with certain inherent dangers and risks, that have the potential for serious bodily injury, permanent disability, paralysis, emotional distress, death, and property damage or loss, each of which cannot be eliminated, regardless of the care taken to avoid such injuries. I acknowledge and recognize that in addition to the inherent risks associated with merely participating at an event that is open to the public and that involves travel from one bar location to another, often at nighttime, such risks are heightened due to the consumption of alcohol during the Event, which might impair the judgment and/or motor skills of Myself and of others. The inherent risks associated with my participation in the Event, include but are not limited to: car accidents, getting hit by a vehicle, alcohol poisoning, falls, fights, assaults, criminal acts, loss or theft of personal property, damage to personal property, personal injury or death to Myself, personal injury or death to friends and/or loved ones. I further acknowledge that these risks include risks that may be the result of negligent acts, omissions, and/or carelessness on the part of the agents of Mode Miami.
I hereby affirm that I fully understand and appreciate the above risks, and hereby freely and knowingly assume the above risks, as well as other risks associated with my participation in the Event that are not above listed, and agree to assume the risk of any harm, injury or Losses that may occur to my body, to my mind, or to my personal property as a result of my participation in the Event (or during any transportation to or from the Event), including any injury or Losses caused by the negligence of Mode Miami, its successors in interest, licensees, sponsors, and assigns, and its present and future officers, directors, shareholders, interest holders, members, managers, partners, attorneys, agents, contractors, employees, and representatives.
- Release of Liability. I hereby release and forever discharge, Mode Miami, its successors in interest, licensees, sponsors, and assigns, and its present and future officers, directors, shareholders, interest holders, members, managers, partners, attorneys, agents, contractors, employees, representatives, from any and all Losses which I have, or may have in the future, that may arise out of my participation in the Event (including travel to and from the Event), and including but not limited to any claims of (1) damage to, or loss of, my personal property, (2) death or bodily injury to Myself, in each case even if caused by the negligence of Mode Miami, its successors in interest, licensees, sponsors, and assigns, and its present and future officers, directors, shareholders, interest holders, members, managers, partners, attorneys, agents, contractors, employees, representatives.
- Covenant Not to Sue. I hereby covenant never to institute, participate in, or maintain any proceeding, suit or action, at law or in equity, against Mode Miami, its successors in interest, licensees, sponsors, and assigns, and its present and future officers, directors, shareholders, interest holders, members, managers, partners, attorneys, agents, contractors, employees, representatives, by reason of any claim released in this Release.
- Waiver. I hereby forever waive any and all rights, Losses, or causes of action, of any kind whatsoever, that I may have, now or in the future, against Mode Miami, its successors in interest, licensees, sponsors, and assigns, and its present and future officers, directors, shareholders, interest holders, members, managers, partners, attorneys, agents, contractors, employees, representatives, arising out of my participation in the Event.
- Indemnification. I hereby agree to defend, indemnify, and hold harmless Mode Miami, its successors in interest, licensees, sponsors, and assigns and its present and future officers, directors, shareholders, interest holders, members, managers, partners, attorneys, agents, contractors, employees, and representatives, from any Losses sustained by Mode Miami (including claims made by Myself or third parties) arising out of, or in connection with, my participation in the Event (and travel to and from the Event), including but not limited to, Losses stemming from my own negligence which causes (1) death or bodily injury or (2) loss of or damage to real and/or personal property.
- Disclaimer. In the unlikely event that the Event is canceled or postponed for any reason, Mode Miami shall not be responsible for any Losses I may have incurred in relation to the canceled or postponed event.
- Acknowledgement. In the event that that I should require medical care or treatment, I agree to be financially responsible for any costs or Losses incurred as a result of such treatment.
- Representations. I represent that I am 18 years of age or older, that I am entering into this Release in my individual capacity, and that I have full rights to enter into this Release; I represent that I have read the above Release fully and in its entirety, fully understand its contents, and agree to be fully bound thereby.
- Miscellaneous. This Release shall be binding upon myself, and upon my spouse, heirs, executors, personal representatives, executors, administrators, legal representatives, successors, and assigns. If any provision of this Release shall be deemed unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Release and shall not affect the validity and enforceability of the remaining provisions, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision. This Release shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Florida, without regards to its conflict of laws principles. The Parties agree to submit all of their disputes arising out of or in connection with this Release to the exclusive jurisdiction of the state and federal courts located in Miami, Florida.
I UNDERSTAND THAT AGREEING TO ALL OF THE TERMS OF THIS RELEASE IS A CONDITION OF BEING ALLOWED TO PARTICIPATE IN THE EVENT. BY PROCEEDING WITH REGISTRATION, I EXPRESS MY AGREEMENT WITH ALL OF THE ABOVE TERMS.
IF YOU DO NOT AGREE TO THE ABOVE, DO NOT PROCEED WITH REGISTRATION AND/OR PROCEED TO PARTICIPATE IN THE EVENT.