EVENTSPROUT AGREEMENT AND LIABILITY WAIVER
PLEASE READ THE FOLLOWING EVENTSPROUT AGREEMENT AND WAIVER (“AGREEMENT AND WAIVER”) CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS AS WELL AS THOSE OF ANYONE ELSE YOU REGISTER FOR THE EVENT. BY PROCEEDING WITH REGISTRATION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE AGREEMENT AND WAIVER AND AGREE TO ALL OF THE TERMS SET FORTH BELOW.
In consideration of being permitted to register and/or participate in, including, without limitation, by observing, the activities for which you are registering (the “Event”), on behalf of yourself and any personal representatives, assigns, heirs, executors, successors and next of kin, you understand, agree, warrant and covenant as follows:
1. Authority to Register and/or to Act as an Agent. You represent and warrant to Red Frog Events LLC and its owners, managers, members, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively, “RFE”) that you have full legal authority to complete this Event registration (“Event Registration”) on behalf of yourself and/or any other person on whose behalf you are registering (“Registrant(s)”), including authority to make use of the credit or debit card to which the Event Registration(s) will be charged. If you are registering a minor under the age of eighteen (18) or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that person and have the legal authority to enter into this Agreement and Waiver on their behalf. By proceeding with this registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registrants. By registering a child under 13, you agree and consent to the collection of that child’s information that you provide for the purposes of registration.
2. Assumption of Risk. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE EVENT, YOU AGREE THAT YOU ARE AWARE OF AND ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY INJURY OR ACCIDENT THAT MAY OCCUR DURING THE EVENT, WHILE YOU ARE ON THE PREMISES OF THE EVENT, OR WHILE YOU ARE TRAVELING TO OR FROM THE EVENT. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT MAY BE HAZARDOUS AND THAT YOU SHOULD NOT ENTER OR PARTICIPATE UNLESS YOU ARE PHYSICALLY OR MENTALLY ABLE TO DO SO. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE EVENT CARRIES WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR INJURIES TO CATASTROPHIC INJURIES, INCLUDING PERMANENT DISABILITY AND DEATH.
3. Release and Waiver of Liability. In consideration of being permitted to register for and participate in the Event, you and any registered party and hereby waive, release, covenant not to sue and forever discharge RFE for any and all liabilities, claims, costs, actions, demands, or damages (“Claims”) that you may have arising out of or in any way connected with your Event Registration and/or participation in the Event, including Claims caused by RFE’s negligence.
4. Indemnification. You agree to indemnify and hold RFE harmless from and against any and all Claims, including reasonable attorneys’ fees, made by any third party due to, or arising from, or in any way connected to your use of EventSprout or the violation of any term of this Agreement and Waiver and/or the Terms of Service set forth at www.eventsprout.com.
5. Disclaimer of Warranties. You expressly agree that use of EventSprout is at your own risk, on an “as is” and “as available” basis and RFE makes no warranty that its site or services will be uninterrupted, secure or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of EventSprout is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data. RFE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RFE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE EventSprout WEBSITE. RFE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
6. Limitation of Liability. RFE shall not be liable for any direct, indirect, incidental, special or consequential damages, including, but not limited to, damages for lost profits, goodwill, use, data or other intangible losses (even if RFE has been advised of the possibility of such damages), resulting from: (a) the use of or inability to use EventSprout; (b) any transactions made or goods or services purchased through EventSprout; (c) unauthorized access to or alteration of any transmissions or data; (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from EventSprout; (e) your participation in any promotion or program coordinated by RFE; (f) personal injury caused by the active or passive negligence of RFE; (g) statements or conduct of RFE or any third party on the EventSprout website; (i) any other matter relating to the EventSprout website, products or services; or (j) your participation in the Event. You agree that RFE’s maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of money received by RFE from you.
7. Applicable Law and Consent to Jurisdiction. You understand that EventSprout is controlled by RFE from its offices in the State of Illinois, United States of America. By completing this Event Registration, you agree that the statutes and laws of the State of Illinois, without regard to conflict of laws principles, will apply to all matters relating to this registration and Agreement. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any dispute or claim with RFE.
8. Severability. You expressly agree that the Agreement and Waiver is intended to be as broad and inclusive as permitted by the law of the State of Illinois, and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.