You voluntarily assume all risks and dangers incidental to the event for which this ticket is issued and waive all claims against the ticket issuer, Vibez Lounge, event sponsors, and owner of the facility. You consent to reasonable examination and search to ensure compliance with laws and facility rules. Admission is subject to compliance with federal, state, and local laws and facility rules. Failure to comply may result in refusal of admission or removal from the facility. Management reserves the right to refuse admission or remove from the facility any person whose conduct is deemed to be objectionable and/or not following social distancing rules. Removal shall result in termination of this ticket and the removed attendee will not be entitled to a refund or any further recourse.
You are aware of the potential hazards of COVID-19 and of the general guidelines established by the Centers for Disease Control and Prevention ("CDC'') and the California Department of Public Health for the public to deal with such hazards. You acknowledge and agree that there are many potential hazards of COVID-19. You further agree and acknowledge that it is not yet fully understood how COVID-19 is transmitted and how said transmittal could affect different individuals. The CDC periodically modify and update the guidelines to reflect new developments. You acknowledge and agree that you accept full responsibility in remaining up to date on all such guidelines as they may be amended from time to time. You hereby represent and warrant that, during the fourteen (14) days prior to the date of the Event corresponding to the ticket(s), you have not been diagnosed with COVID-19 and you have not been in contact with any individual who has been diagnosed with COVID-19. You further represent and warrant that neither you nor any of the individuals you have been in contact with have shown any of the following symptoms within the last fourteen (14) days: cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headaches, sore throat, or a new loss of taste or smell. You further acknowledge and agree that, despite any efforts taken by the Promoter to reduce the risks to you in entering the facility, Promoter is expressly disclaiming any guaranty of their health and safety, the health and safety of any person who accompanies you when you visit the facility or attend an Event, or any person who you come into contact with thereafter. With a full understanding and appreciation of the known and unknown risks associated with COVID-19, you hereby knowingly and voluntarily choose to visit the facility and remain in the facility during the Event. You hereby expressly ASSUME ALL RISKS related to potentially contracting COVID-19 and/or any other infectious disease as a result of receiving the entering the facility and attending the Event date listed on your ticket(s) hosted by Promoter. You, together with your heirs, legatees, beneficiaries, spouse, children, parents, employees, representatives and agents hereby RELEASE, WAIVE, DISCHARGE, AND AGREE AND COVENANT NOT TO SUE Vibez Lounge or any its employees, subcontractors, representatives, heirs, legatees, beneficiaries and agents, (collectively hereinafter referred to as the “RELEASEES") if you contract COVID-19 or any other infectious disease in the facility or as a result of attending the Event. You, together with your heirs, legatees, beneficiaries, spouse, children, parents, employees, representatives and agents further agree to DEFEND, INDEMNIFY AND HOLD HARMLESS the RELEASEES from and against any and all claims, demands, lawsuits, proceedings, judgments, damages, losses or expenses of any kind or nature whatsoever if you contract COVID-19 or thereafter infect others as a result of entering the facility or attending the Event. This indemnification clause remains valid and enforceable even if you contract COVID-19 due to the RELEASEES’ negligence. You further understand that you are responsible for all attorneys’ fees and costs incurred by Vibez Lounge should any lawsuit or proceeding be instituted against Vibez Lounge by you or any third party.
You hereby consent to the exclusive jurisdiction of California State. Any dispute or controversy related to this Disclaimer or the enforcement thereof shall be settled by arbitration in California in accordance with the Commercial rules then obtaining of the American Arbitration Association.
This Disclaimer contains the entire agreement and understanding of the parties and this Disclaimer supersedes and replaces all prior agreements, negotiations or proposed agreements, written or oral. No modification, amendment or waiver of any provision of this Disclaimer shall be effective unless approved in writing by all parties.
The provisions of this Disclaimer are independent and separable from each other. In the event that this Disclaimer or any portion thereof is deemed unenforceable, all other portions of this Disclaimer remain valid and enforceable or shall be subject to Court modification in accordance with the intent of this Disclaimer.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR EXECUTION OF THIS DISCLAIMER IS A MATERIAL INDUCEMENT FOR VIBEZ LOUNGE TO SELL YOU THE TICKET(S) AND GRANT YOU ACCESS TO THE FACILITY AND EVENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HAD YOU NOT EXECUTED THIS DISCLAIMER, VIBEZ LOUNGE WOULD NOT HAVE SOLD THE TICKET(S) TO YOU OR GRANTED YOU ACCESS TO THE FACILITY OR EVENT, WHICH SEPARATELY CONSTITUTE FULL AND ADEQUATE CONSIDERATION FOR MY AGREEMENT.