THE TICKET OR WRISTBAND (COLLECTIVELY, “TICKET”) USED FOR ADMISSION TO TACO TOPIA (“EVENT”) IS A REVOCABLE LICENSE. BY USING THE TICKET AND THE EVENT OR ANY PROPERTY AFFILIATED WITH THE EVENT (“PREMISES”), THE HOLDER, HIS/HER PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY MINOR ACCOMPANYING THE HOLDER (INDIVIDUALLY AND COLLECTIVELY, THE “HOLDER”) AGREES TO BE BOUND BY ALL OF THE TERMS OF THIS LICENSE, INCLUDING THE WAIVER, RELEASE OF CLAIMS, INDEMNITY AGREEMENT, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT.

 

MINORS & PARENTS/GUARDIANS OF MINORS: Any Holder under the age of 18 may only attend the Event accompanied by an adult and acknowledges that his/her parent or guardian has reviewed, understood and agreed to the terms below. Parents/Guardians of Holder acknowledge that they have reviewed, understood and agreed to the terms below (such terms being interpreted as if they applied both to them and their minor child/ward) and have the legal authority to enter into this License on behalf of their minor child/ward.

 

The Ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests or sweepstakes, without the express written permission of Zach Events LLC (“Producer”). Resale or attempted resale of the Ticket in violation of applicable law is grounds for seizure or cancellation without refund or other compensation. Breach of any of the terms of this License or failure to comply with Event rules shall automatically terminate any rights that the Holder may have hereunder and shall authorize Producer to withdraw the Ticket, refuse admission to the Event or eject the Holder from the Event.

 

The Holder and the Holder’s belongings may be searched upon entry into the Event or Premises, and the Holder consents to such searches and waives any related claims that may arise against the Releasees, as defined below. If the Holder elects not to consent to these searches, the Holder will be denied entry into the Event or Premises.

 

As used herein, the term “Releasees” is defined to include the following: (i) Producer, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns; (ii) Shawnee County Parks and Recreation, subsidiaries, affiliated companies, directors, officers, past and present employees, agents, representatives, successors and assigns; (iii) any Event workers or volunteers; and (iv) any Event or Premises sponsors, advertisers, Event or Premises inspectors, surveyors, insurers, underwriters, consultants or other persons or entities who give recommendations, instructions or engage in risk evaluation or loss control activities regarding the Event or Premises and each of their respective shareholders, directors, officers, past and present employees, agents, representatives, successors and assigns.

 

HOLDER UNDERSTANDS AND AGREES TO THE FOLLOWING:

1. I expressly acknowledge and agree that the activities of the Event involve the risk of serious injury and/or death and/or property damage. I expressly agree that this Release/Waiver/Indemnity Agreement is intended to be as broad and inclusive as permitted by the law of the state of Kansas, and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect.

2. I voluntarily, knowingly and freely assume all risks associated with attending the Event and/or entering the Premises, including, but not limited to, my own actions or inactions (or the actions/inactions of my minor child/ward), the actions or inactions of others (including Event attendees, staff or volunteers), injuries, illness, contact with others (including Event attendees, staff or volunteers), artists’ use of strobe lights, premises defects and the effects of weather, including heat and/or humidity.

3. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Producer through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely attend the Event.

4. I certify that I have no medical condition that would make my attendance at the Event more hazardous.

5. I agree that if I choose to consume alcoholic beverages, I will do so responsibly and only if I am over the age of twenty-one (21).

6. I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Producer, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

7. I understand and agree that I am expected to exhibit appropriate behavior and to obey all local, state and federal civil and criminal laws while attending the Event or on the Premises. This includes respect for other people, equipment, facilities or property. Producer may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, Premises or any person, facility or property. I also agree to indemnify the Releasees from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.

8. I understand and agree that Producer is not responsible for any personal item or property that is lost, damaged or stolen at the Event or on the Premises.

9. I understand and agree that pets are not permitted at the Event or on the Premises, except for service animals.

10. I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event advertising, marketing or promotion.

11. I understand and agree that I may not make any still, audio or video recordings, broadcasts or webcasts of live music performances at the Event without prior written approval. With respect to non-performance related still, audio or video recordings of the Event I may make (“Non-Performance Recordings”), I assign to Producer all rights, title, and interest in such Non-Performance Recordings. Producer grants to me a limited, non-exclusive right and license to use, for non-commercial purposes only, the Non-Performance Recordings.

12. I understand and agree that the sale of unauthorized merchandise is not permitted and I may be dismissed from the Event and the Premises for selling such merchandise.

13. I understand and agree that I may not bring weapons, fireworks or illegal substances to the Event or Premises.

14. I understand and agree that all ticket purchases are final and non-refundable.

15. I understand and agree that Producer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason in connection with the safety and security of Event attendees. In the event of such cancellation, there will be no ticket refund.

16. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my attendance at the Event or while on the Premises, whether or not caused by the negligence or gross negligence of the Releasees.

17. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am at the Event or on the Premises, whether or not caused by the negligence or gross negligence of the Releasees.

 

I release, waive, discharge and covenant not to sue the Releasees from all liability to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my child’s/ward’s) attendance at the Event or while on the Premises, whether or not caused by the negligence or gross negligence of the Releasees.