Signed in as:
Signed in as:
By purchasing a ticket and/or attending the Texclipse Music Festival located at FM-2169, Junction, TX 76849— attendee is to exempt, waive, and release Released Parties from any and all liability for wrongful death, personal injury, and property damage, including, but not limited to liability arising from the negligence of Released Parties; and transfer the risk of loss arising out of the participation in the Activities to the Participant or person executing this Agreement.
“Released Parties” mean Texclipse Music Festival, LLC, Hill Country Fair Association, 501c3 and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers, vendors and agents, as well as any Activity sponsors and equipment manufacturers and distributors.
“Activity” and “Activities” mean engaging in any activity for the Texclipse Music Festival on site, located at FM-2169, Junction, TX 76849; participation in any other events or activity offered by Released Parties or their sponsors; and/or using for any purpose the Released Parties’ permit area, rented areas, property, grounds, trails, facilities, buildings, features, amenities, parking lots, sidewalks, or equipment, including, but not limited to bathrooms, rented buses, event transportation, vendor booths, sponsor booths and/or rental equipment.
“Me”, “Myself”, and “I”, means the adult, being at least 18 years old, who is accepting these terms on behalf of Myself and, if applicable as a result of my purchase of frequency or pass products, tickets, admissions, on behalf of a minor and/or other adult. “Minor” means the minor Participant. The person actually taking part in the activity is referred to as “Participant”.
In consideration of being allowed to participate in the Activities, on behalf of Myself and all other Participants, I agree as follows:
1. Dangers and Risks: Participating in the Activity is hazardous and involves the risk of physical injury or death. The dangers and risks of the Activities include, but are not limited to: falling; slick or uneven surfaces; variations in terrain; design and condition of man-made facilities, rocks and debris; local wildlife, holes from the golf course, ponds, marked and unmarked obstacles; adverse weather; and limited access to and/or delay of medical attention. I acknowledge that the description of the dangers and risks listed above is not complete and that participating in the Texclipse Event may be dangerous and may include other risks, including, but not limited to the acts, omissions, representations, carelessness, and negligence of Released Parties.
2. Release and Indemnification: By purchasing a ticket to the Texclipse Event, I, on my own behalf and, if applicable, on behalf of Minor and adult Participant(s), acknowledge the risks and dangers associated with the Activities and agree to (1) assume any and all risks of injury or death to Participant resulting from participation in any Activity; (2) waive, release, and not sue or file any actions or claims against Released Parties that are based on, arise or result from, in whole or in part, participation in any Activities and/or the purchase of passes, tickets, or other products or services, including, but not limited to negligence, premises liability or breach of contract claims; and (3) indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity and/or the purchase of passes, tickets, or other products or services.
3. Media Release: I give Released Parties permission to take and use photographs or recordings of Participant taken during an Activity and use and sublicense such material for any purpose in print, advertisements, films or videos and on line and broadcast presentations of any sort.
4. Medical Care: I authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. I agree to pay all costs associated with such medical care and related transportation.
5. Acknowledgment: By accepting this Agreement and purchasing a ticket on behalf of any Participants other than Myself, I am representing under penalty of fraud that I am entitled to execute this Agreement as either the parent or legal guardian of the Participant or that I have been given the express authority and permission from the other adult Participants to accept the terms of this Agreement on each of their behalf, and that by doing so, I am agreeing to be personally responsible for any claims brought by any other Participant, should they refuse to accept the terms of this Agreement.
6. Non-Transferable/Confiscation/Access: All passes and tickets are not transferrable. PASSES AND TICKETS DO NOT GUARANTEE ACCESS. RELEASED PARTIES RESERVE THE RIGHT TO REFUSE OR DENY ENTRY OR PARTICIPATION IN THE ACTIVITIES AT THEIR SOLE DISCRETION FOR HEALTH, SAFETY OR OTHER REASONS. No passes or tickets may be resold. Passes and tickets may be confiscated and not re-issued if, in the sole judgment of the Released Parties the Participant: a) acts in a manner that could endanger the safety of any person; b) violates the law;
or c) engages in fraud or misconduct or creates a nuisance. Re-issued passes may be subject to a replacement fee. I agree to immediately notify the Texclipse Music Festival and/or authorities if the pass is lost or stolen and that failure to do so may result in loss of event admittance. I also understand and acknowledge that this pass is non-refundable.
7. Miscellaneous: This Agreement will apply for every day a Participant engages in any Activity in relation to the Texclipse Music Festival without requiring Me or Participant to sign an additional Agreement for each day, until a new release of liability and waiver of legal rights is executed by or on behalf of Me or Participant, or I revoke it in writing and that writing is accepted in writing, signed by the Released Parties’ authorized representative. All claims arising from or related to any Activity by Participant, including for injury to person or property and/or death shall be governed by Texas law, without regard to conflicts of law principles, and that exclusive jurisdiction shall be in the State District Court, Kimble County, Texas. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable to the full extent permitted by law. This Agreement shall be binding upon my assignees, suborders, distributors, heirs, next of kin, executors and personal representatives.
BY PURCHASING A TICKET AND/OR PASS FOR THE TEXCLIPSE MUSIC FESTIVAL, I ACKNOWLEDGE THAT I CAREFULLY READ THE FULL PAGES OF THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND ACCEPT IT, ON BEHALF OF MYSELF AND PARTICIPANT, AND I ACCEPT FULL RESPONSIBILITY FOR MY SAFETY AND THE SAFETY OF PARTICIPANT AND ASSUME AND UNDERSTAND ALL RISKS.