ALL TICKET SALES ARE NON-REFUNDABLE AND ARE CONSIDERED A DONATION TO THE EMPTY STOCKING GALA. IN THE EVENT THE EMPTY STOCKING GALA IS CANCELLED DUE TO COVID-19 OR ANY OTHER COMMUNICABLE DISEASE, ALL PROCEEDS FROM TICKET SALES AND SPONSORSHIPS WILL REMAIN THE PROPERTY OF THE EMPTY STOCKING GALA AND WILL BE USED BY THE EMPTY STOCKING GALA COMMITTEE AS AGREED UPON.
By acceptance and/or use of a ticket, or any electronic form thereof, (collectively, the “Ticket”) for the Empty Stocking Gala (“Event”), the Ticket holder (“Holder”), on behalf of (i) himself/herself and/or (ii) any other accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable Ticket terms), agrees to the terms stated herein, also available at https://www.emptystocking.net/disclaimer/ Terms of the Agreement are below. In the event of a conflict, the Agreement controls.
WARNING: Holder acknowledges and assumes all risks and dangers associated with the Event or any other promotions/activities before, during, or after the Event (“Event Activities”), acknowledges that attendance is voluntary, and further agrees that the Empty Stocking Gala, and all related entities and affiliates, together with their respective officers, directors, employees, agents, licensees, sponsors, and vendors (collectively, the “Released Parties”), will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered in connection with the Event/Event Activities, the negligence of any of the Released Parties or any other incidents caused by crowds of people. By attending the Event/Event Activities, Holder is deemed to have given a full release of liability to the Released Parties to the fullest extent permitted by law from any and all claims which Holder, and/or any Accompanying Party, has or may have for causes of action arising out of attendance at, observation of and/or participation in the Event/Event Activities. If Holder does not wish to or is not authorized to grant such rights, releases, and waivers on behalf of an Accompanying Party, Holder should immediately leave the Gala with each Accompanying Party.
COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to COVID-19 exists in any public place regardless of precautions that may be taken. Holder, on his/her behalf and on behalf of any Accompanying Party, agrees to (1) assume all risks associated with COVID-19 and other communicable diseases; and (2) comply with all related health and safety policies of the Empty Stocking Gala.
The revocable license granted by the Ticket will be terminated, and ejection, detention, or arrest may result for violating any law or any Gala policy. Holder consents to health and security searches and/or screening and waives all related claims, and also consents to health-related conditions for attendance, including any requirements pertaining to the wearing of masks and/or social distancing.
Each Ticket to the Event is a limited, revocable license (the “Revocable License”) granted by the Gala Committee to attend the Event listed on the applicable Ticket. The Gala Committee reserves the right to terminate the Revocable License granted by the Ticket and/or those of any Accompanying Party prior to the time the Event actually takes place by tendering to Holder the purchase price printed on the Ticket(s). Further, the Gala Committee reserves the right, in its sole discretion and without refund of any portion of the purchase price, to revoke the Revocable License granted and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by it to be improper, disorderly or unbecoming; (d) who uses vulgar, derogatory or abusive language; (e) who, in the sole judgment of the Gala Committee, is engaging in activity or causing a disturbance prohibiting attendees at the Event from enjoying the Event; (f) who refuses to comply with any Health-related Conditions; and/or (g) whose condition or conduct jeopardizes the safety of attendees at the Event.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR LOST, STOLEN, OR DUPLICATED TICKETS.
IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF ILLNESS AND/OR INJURY
ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY
HOLDER RECOGNIZES THAT ATTENDANCE OF HOLDER AND ANY ACCOMPANYING PARTY AT THE EVENT IS VOLUNTARY AND MAY RESULT IN PERSONAL INJURY (INCLUDING DEATH) AND AGREES TO STAY ALERT AND REMAIN AWARE OF HIS/HER SURROUNDINGS AND THE SURROUNDINGS OF ANY ACCOMPANYING PARTY. BY USING THE TICKET OR BY ATTENDING, OBSERVING, OR PARTICIPATING IN THE EVENT, HOLDER, ON BEHALF OF HOLDER AND ANY ACCOMPANYING PARTY, ACKNOWLEDGES AND ASSUMES ALL RISKS, HAZARDS, AND/OR DANGERS ASSOCIATED WITH HOLDER AND/OR ANY ACCOMPANYING PARTY ATTENDING THE EVENT.
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF (“RELATED PERSONS”), AGREES THAT (A) THE EMPTY STOCKING GALA COMMITTEE (INCLUDING, BUT NOT LIMITED TO THE COMMITTEE), (B) THE PRESENT OR FUTURE LICENSEES, SPONSORS, AND VENDORS, AND ALL OF THEIR SUCCESSORS AND ASSIGNS, (C) ANY LOCAL OR STATE GOVERNMENTAL BODY ASSOCIATED WITH THE EVEN, (D) THE TICKET MANUFACTURER AND/OR PROVIDER, AND (E) ALL PAST, PRESENT AND FUTURE AFFILIATES, SUCCESSORS, ASSIGNS, PARTNERS, MEMBERS, DIRECTORS, OFFICERS, OWNERS, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF SUCH ENTITIES (SUBSECTIONS (A) THROUGH (E), COLLECTIVELY, THE “RELEASED PARTIES”), WILL NOT BE RESPONSIBLE FOR AND FURTHER WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO THE FOLLOWING “RELEASED CLAIMS”: ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE EMPTY STOCKING GALA OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF OR RELATE TO:
(1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES;
(2) THE INHERENT RISKS ASSOCIATED WITH ATTENDING THE GALA, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY; AND
(3) INVASION OF PRIVACY, DEFAMATION, VIOLATION OF ANY RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER CAUSE OF ACTION ARISING OUT OF THE PRODUCTION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, PUBLICATION, PUBLIC PERFORMANCE, BROADCAST OR EXHIBITION OF ADVERTISEMENTS, PROMOTIONS, CONTENT, PROGRAMS AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OF HOLDER OR ANY ACCOMPANYING PARTY MINOR(S) FROM THE EVENT APPEAR.
HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (I) ANY ACCOMPANYING PARTY AS AN AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (A) HOLDER SHOULD IMMEDIATELY LEAVE THE GALA AND/OR (B) ANY OTHER ACCOMPANYING PARTY, THEN THE ACCOMPANYING PARTY IS NOT AUTHORIZED TO ATTEND THE EVENT WITHOUT SEPARATELY PURCHASING A TICKET TO THE EVENT.
The acknowledgments and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (a “Communicable Disease”). If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.
Holder agrees to indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder’s and/or Accompanying Party’s attendance at, observation of, and/or participation in the Event, (ii) Holder’s and/or Accompanying Party’s acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.
COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA, OR ILLNESSES
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE GALA.
In addition to the assumptions of risk and releases stated herein, Holder, on behalf of Holder, any Accompanying Party and their Related Persons, further acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease at the Gala. By using this Ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this Ticket that cannot be eliminated.
TICKET HOLDER HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, Holder and/or any Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that neither Holder nor any Accompanying Parties will attend the Event if within fourteen (14) days preceding the Event, they have:
1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.