WAIVER & DISCLAIMER
1.All sales are final. No refunds or exchanges. Ticket valid for event date only.
2.Tickets are sold in sections with designated parking spots.
3.Anyone under the age of 17 must be accompanied by a parent or legal guardian who is responsible for them, to a limit of 5 underage individuals per adult. Promoter reserves the right to ask for proof of age.
4.Promoter assumes no liability for any loss, theft, damage, or injury to property or persons, including death, arising out of or relating to your consumption of alcohol at any event hosted by Promoter.
5.Prohibited Items: grills, fireworks, umbrellas, tents, pets, drones, glass, alcohol, outside food or drinks, weapons, or drugs.
6.Facial coverings are required when you are outside of your vehicle at all times.
7.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, Promoter, 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.
8.By attending any event hosted by Promoter, you consent to your voice, name, and/or likeness being used, without compensation, in films, photography, tapes, and any other media of Promoter or event sponsors’ choosing for promotion and exploitation, whether now known or hereafter devised, for eternity. You release Promoter, event sponsors, and their successors, assigns, and licensees from any liability whosoever of any nature.
9.Promoter assumes no liability for any loss, theft, damage, or injury to property or persons, including death, whether arising in contract, negligence, equity, tort or otherwise.
10.You are aware of the potential hazards of COVID-19 and all laws, rules, regulations, and general guidelines established by the Centers for Disease Control and Prevention (“CDC”) and the Michigan Department of Health and Human Services (MDHHS) 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 and MDHHS 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 Promoter, event sponsors, or any of their 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 Promoter should any lawsuit or proceeding be instituted against Promoter by you or any third party.
11.You hereby consent to the exclusive jurisdiction of any state or federal court where Promoter is located.
12.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.
13.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.
14.All Parties hereby acknowledge that they are entitled to and have had the opportunity to have the terms of this Disclaimer reviewed by counsel of their choice and understand this Disclaimer upon purchase. Accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Disclaimer.
15.YOU FURTHER HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING OUT OF THIS DISCLAIMER.
16.YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR EXECUTION OF THIS DISCLAIMER IS A MATERIAL INDUCEMENT FOR PROMOTER 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, THE CROFOOT AND/OR ONE OF ITS AFFILIATES 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 TO AND COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS DISCLAIMER.
IN WITNESS WHEREOF, I HEREBY ACKNOWLEDGE, REPRESENT, WARRANT AND AGREE that I have read the foregoing Agreement, understand it and am signing it voluntarily; that I am at least (17) years of age and am fully competent to execute this Disclaimer; and that I have received full, adequate and complete consideration with the intent to be forever legally bound hereby.