A. Dam Halloween Bash

Liability Waiver

 

  1. Dam Halloween Bash/Allatoona Dam Food Truck Park & Beer Garden, LLC DISCLAIMER, TERMS AND CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS,ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.

 

All Ticket Holders acknowledge that by purchasing or by being provided tickets for A. Dam Halloween Bash, they

have fully read this agreement, executed this agreement voluntarily, and that this agreement is to be

binding upon all Ticket Holders, all members of Ticket Holder's party attending A. Dam Halloween Bash, and all

Ticket Holder's heirs, executors, administrators and representatives.

 

  1. Dam Halloween Bash Organizers: Allatoona Dam Food Truck Park & Beer Garden, LLC
 (A. Dam Halloween Bash) Ticket

Holder expressly agrees to the following terms and conditions:
• Children under the age of 10 admitted

for free and must be accompanied by parent or guardian at all times. - NO PETS of any kind allowed.

ADA registered service animals are permitted. Therapy/ comfort dogs not recognized by the ADA will

not be allowed to enter.
• There are NO refunds on tickets for any reason. All sales are final.
• A. Dam

Halloween Bash organizers have no responsibility (financial or otherwise) for event cancellation, interruption on

inconvenience due to inclement weather or other circumstances beyond their control. Ticket Holder is

not eligible for any refund due to postponements or cancellation on account of such circumstances.
•

Any container, purse, bag or other property in Ticket Holder's possession is subject to inspection by A.

Dam Halloween Bash security while entering event, during event or during departure from event.
• Ticket

Holder expressly grants A. Dam Halloween Bash organizers the non-exclusive, irrevocable, transferable,

perpetual right and license to publish, print, display, record and use (by photograph, film, video, audio

or any other method or device) Ticket Holder's name, voice, image and likeness while at A. Dam Halloween Bash,

and to use such recordings for any purpose and in any medium now known or hereafter devised. Ticket

Holder releases A. Dam Halloween Bash organizers from liability for any such uses, including claims for

infringement of any privacy, publicity or other rights and other claims of any kind. 
• A. Dam Halloween Bash

organizers encourage responsible consumption of alcoholic beverages at A. Dam Halloween Bash If Ticket Holder

has any reason to suspect that his/her driving ability may be impaired or will be unsafe, Ticket Holder

agrees to arrange for alternate transportation or to speak with an A. Dam Halloween Bash representative, who

will arrange for alternate transportation back to Ticket Holder's destination point (at Ticket Holder's

expense).

 

DISCLAIMER AND INDEMNIFICATION
In return for Allatoona Dam Food Truck Park & Beer Garden, LLC,

allowing Ticket Holder to voluntarily participate in A. Dam Halloween Bash each Ticket Holder agrees:


  1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to Ticket Holder's participating in A. Dam Halloween Bash even though such risks may have been caused by the negligence.

of Allatoona Dam Food Truck Park & Beer Garden, LLC.

  1. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Ticket Holder might sustain participating in A. Dam Halloween Bash even though such injury, wrongful death, loss or damage may have been caused by the negligence of Allatoona Dam Food Truck & Beer Garden, LLC.
  2. TO HOLD HARMLESS Allatoona Dam Food Truck Park & Beer Garden, LLC from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from Ticket Holder's participation in A. Dam Halloween Bash.
  3. TO INDEMNIFY AND HOLDHARMLESS Allatoona Dam Food Truck Park & Beer Garden, LLC, its organizers, associates, directors, officers, employees, volunteers, members, charity and representatives from any and all claims,

demands, actions and costs which might arise out of Ticket Holder's participating in A. Dam Halloween Bash,

even though such claims, demands, actions and costs may have been caused by the negligence of

Allatoona Dam Food Truck Park & Beer Garden, LLC.


 

DESCRIPTION OF RISKS 
in consideration of Ticket Holder's voluntary participation in A. Dam Halloween Bash and all activities related to the event, Ticket Holder acknowledges awareness of the possible RISKS, DANGERS AND HAZARDS associated with A. Dam Halloween Bash, including the possible risk of severe or fatal injury to Ticket Holder or others. These risks include but are not limited to the following:


  1. a) intoxication and/or alcohol poisoning from the alcohol that Ticket Holder consumes whether voluntarily or through coercion.

  2. b) the possibility of any type of bodily injury (broken bones, soft tissue damage, dental damages) from falling down, being knocked down or being involved in a physical confrontation whether caused by Ticket Holder or someone else.
  3. c) the risks associated with returning to Ticket Holder's residence or traveling to any destination after A. Dam

Halloween Bash, especially the risks of operating a motor vehicle after consuming alcohol.

 

ASSUMPTION OF THE RISK. I acknowledge and understand the following:

  1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.
  2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties.
  3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties. In the event a court of competent jurisdiction shall hold any provision of this Agreement to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 

 

This Agreement is the product of negotiations between Allatoona Dam Food Truck Park & Beer Garden, LLC and the voluntary participants (Ticket Holders). Ticket Holders hereto acknowledge that they have participated in the negotiation of this Agreement. Furthermore, this Agreement shall not be construed against either Party by reason of such Party having been or having been deemed to have structured, dictated, or drafted this Agreement. The Parties to this Agreement acknowledge that each of the Parties have been given an opportunity to review this Agreement with counsel and that their purchase of A. Dam Halloween Bash tickets represents their voluntary act and evidences their agreement to the terms described herein, each intending to be bound by same.

By clicking the "I ACCEPT" box, you agree to, and will be bound by, the above terms and conditions. *
By clicking 'I ACCEPT', you acknowledge that a legal photo ID is required to be presented at the time of event before ticket will be given. *
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