ASSUMPTION OF RISK, WAIVER & LIMITATION OF LIABILITY.
ASSUMPTION OF RISK. You understand and agree that there are certain risks of personal or property injury, illness and/or death associated with attending the Event and/or entering the Venue, including, without limitation, risks related to crowds or individual attendees being inadequately monitored, managed, or controlled by event security, and exposure to drugs, alcohol, fighting or other reasonably foreseeable dangerous conditions or activities and risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”). You understand and agree (a) that the risk of exposure to COVID-19 cannot be fully eliminated and is increased by proximity to other people, (b) that an inherent and elevated risk of exposure to COVID-19 exists in any public place or place where people are gathered, (c) that attending the Event and/or entering the Venue may involve coming into close contact with other people, (d) that there is no guarantee, express or implied, that you will not be exposed to COVID-19 and (e) that exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death.
Despite these risks, you voluntarily assume ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the Event and/or Venue, including exposure to COVID-19. By entering into this Agreement and/or attempting to use the Ticket for the Event or entering the Venue, you expressly assume all risks and dangers arising from or incidental to the Event, whether such risks occur before, during, or after the Event and you agree that the Releasees (defined below) are not responsible for any such risks and dangers.
You forever release, waive, discharge and agree not to sue the following: Elevate Tickets; Anschutz Entertainment Group, Inc.; AEG Presents LLC; the Event owner(s); Event producer(s); Event promoter(s); Event performers, artists and their managers, agents, furnishing companies and representatives; the Event ticketing agency and/or ticketing services provider; and their respective parents, subsidiaries, affiliates, partners, owners, members, managers, officers, directors, past and present employees, volunteers, agents, representatives, successors, trustees, successors and assigns (collectively, the “Releasees”) from any known or unknown claims, losses, damages, liability, demands, actions, injury or death, including those relating to COVID-19 or any other illness or injury that you may sustain while at the Event or in the Venue or relating to this Agreement, regardless of whether caused by the negligence or other fault of the Releasees or any third party (collectively, “Claims” or, as used individually, a “Claim”).
For California residents: I understand that this Waiver applies to Claims which I may not know or suspect to exist and I knowingly and voluntarily waive such rights, including those under California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”
You further agree to indemnify, defend, and hold harmless Releasees from any and all claims, demands, liabilities and/or damages arising from all Claims and your conduct, acts or omissions during the Event and/or at the Venue.
LIMITATION OF LIABILITY.
To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to you or to any third party for, and you expressly waive all rights to seek any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to this Agreement, the Ticket, transactions made through us, and/or the Event (even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).