Tumbleweeds January 24

8835 Wheat Cross Drive,Houston TX 77095

24 January, 2021

Description

Tumbleweeds Ticket Sales ONE DAY PASS TEXAS TORNADOS EVENT GATE ADMISSION TERMS AND CONDITIONS ALL ATTENDEES ACCEPT RISK OF INJURY By accepting admission to the Event, the “Attendee”, on his/her own behalf and on behalf of any accompanying minor(s) (collectively, the “Attendee”) agrees to the following terms and conditions and all other terms and conditions which related to the License hereby granted. Any violation of this Agreement shall give the Licensor the right to immediately revoke this License. 1. Event Admission Rights: Any and all rights attendant thereto are owned by Tornados Volleyball Camps, Inc. DBA Texas Tornados Training Facility (TTTF). All rights granted to the event admission purchaser (“you” or the “Attendee”) constitute a revocable license to attend the TTTF Event for which the Gate Admission is purchased. 2. Non-Transferability: Event Gate Admission and all rights attendant thereto are non-transferable. 3. Disputes: The resolution of all disputes regarding Event Gate Admission shall be made by TTTF in its sole discretion. To the fullest extent permitted by law, all such decisions by TTTF will be final and binding. Breach of any of the terms of this license shall also subject the ticket holder to all legal remedies available to TTTF. 4. LIMITATION OF LIABILITY: THE LIABILITY OF THE TTTF AND ITS AFFILIATES FOR DAMAGES OF ANY KIND ARISING OUT OF THE PURCHASE OF THE EVENT ADMISSION, INCLUDING BREACH OF CONTRACT, IS LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE EVENT GATE ADMISSION. THIS REMEDY IS EXCLUSIVE. IN NO EVENT SHALL TTTF OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 5. WAIVER OF LIABILITY FOR PERSONAL INJURY: THE ATTENDEE VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH) AND ALL HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT FOR WHICH THE EVENT GATE ADMISSION IS ISSUED, WHETHER OCCURRING PRIOR TO, DURING, OR AFTER THE EVENT, HOWSOEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE. 6. Image Rights: The Attendee grants permission to the TTTF (and its designees and agents) to utilize the Attendee’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event in any medium, whether now known or hereinafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. 7. Policies and Procedures: The Attendee and the Attendee’s belongings may be searched upon entry into the Event facility, and the Attendee consents to such searches and waives any related claims that might arise against TTTF. If the Attendee elects not to consent to these searches, the Attendee may be denied entry into the arena, at the sole discretion of TTTF. TTTF reserves the right to modify from time to time any of its respective policies and procedures. 8. Covid-19. The novel coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely dangerous and is believed to be spread 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. The state of Indiana and local governments have determined that under limited circumstances, using strictly followed health guidelines, certain businesses may re-open operations at this time. This is not to be seen as any medical or health care determination that COVID-19 is no longer a threat to the lives and health of citizens of Indiana and surrounding areas. a. TTTF and the Facility have put in place preventative measures to reduce the spread of COVID-19, however TTTF cannot guarantee that you or your children will not become infected with COVID-19. Further, your physical presence at the TTTF Event could increase your risk or your children's risk of contracting COVID-19. All references below to “I” shall include the Attendee and shall be made on behalf of any accompanying minor(s). b. By agreeing to this statement, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my children and I may be exposed to or infected by COVID-19 by attending TTTF Events and that such exposure or infection may result in personal injury, illness, permanent disability or death. I understand that the risk of becoming exposed to or infected by COVID-19 in attending a TTTF Event may result from the actions, omissions, or negligence of myself and others, including but not limited to, the owners, officers, employees, contractors, and agents of TTTF and the Facility hosting the Event. c. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my children and myself (including, but not limited to, personal injury, disability or death), illness, damage, monetary loss, claim, liability, or expense of any kind, that I or my children may experience or incur in connection with my children's participation at the TTTF or USAV AND AAU activities (collectively referred to as "Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge and hold harmless the owners, officers, employees, contractors, and agents of TTTF and the Facility hosting the Event, 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 that this release includes any Claims based on the actions, omissions, or negligence of the owners, officers, employees, contractors, and agents of TTTF and the Facility hosting the Event, whether a COVID-19 infection occurs before, during or after attendance at the TTTF Event. d. I agree to protect, defend, indemnify and hold harmless the TTTF (as well as its owners, officers, employees, contractors, and agents and the Facility hosting the Event) regarding any of the Claims, and shall be liable to pay attorneys' fees and costs incurred by the TTTF or any of the foregoing persons mentioned in this paragraph in the event that I or any person on my behalf bring a Claim that has been otherwise waived by this agreement.