(a) Participant hereby irrevocably, unconditionally and forever assumes liability for, releases, waives, defends, covenants not to sue, holds harmless and indemnifies the Released Parties from and against any and all liabilities, actions, claims, debts, liens, demands, obligations, damages, losses, accidents, illnesses, injuries, deaths, delays, inconveniences, losses of employment or income, upsets, disappointments, distresses or frustrations (whether physical or mental), acts of God, sicknesses, thefts, labor disputes, mechanical break-downs, government actions, and/or expenses, including attorneys’ fees and costs, and/or other claims incurred at any time directly or indirectly, entirely or in part by Participant or its Related Parties in connection with the Event, the Materials, or the Released Parties (collectively, the “Released Matters”).
(b) The Released Parties shall not have any personal, recourse and/or deficiency liability in connection with the Released Matters. The Released Parties shall not have any liability for consequential, special, exemplary, punitive damages or other damages in addition to actual compensatory damages, as those actual compensatory damages may be further limited by contract or applicable law regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. If the Released Parties are ever deemed liable for any actual compensatory or other damages, those damages shall be limited to the amount that Promoter actually received from Participant for the Event. The Released Parties shall not have any liability to Participant or its Related Parties for any claim that is, or should have reasonably been covered by, Participant’s insurance.
(c) In the event that Participant ever has any complaint or brings any legal action in connection with the Released Parties, the Event or the Materials, Participant shall not include Damon Darnall in such complaint or legal action and Participant hereby irrevocably, unconditionally and forever releases Damon Darnall personally from any and all such liabilities, actions, and claims.
(d) With respect to all waivers in the Agreement, it is further understood and agreed that any and all rights under the provisions of Section 1542 of the California Civil Code are expressly waived by Participant. That Section provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
In the event that Participant has any claim, demand, offset, right or defense assertable against any Released Party in connection with any Released Matter, such claim shall be entirely barred, and fully released and waived, unless Promoter and the Released Party in question receive written notice of such claim within 14 days following the first occurrence of the event on which the claim is based and Participant commences legal proceedings respecting such claim within 6 months after the first occurrence of the event on which the claim is based. Legal proceedings shall be considered commenced only upon the filing of a complaint in a court of law having jurisdiction over the claim.
Arbitration. Except as provided in subsection (b) below, to the fullest extent permitted by applicable laws, any dispute, claim or disagreement of any kind by Participant in connection with the Agreement, the Event and/or the Released Parties or otherwise (collectively the “Dispute”) shall be resolved only by mutual agreement between the parties or by confidential binding arbitration (without right of appeal) in accordance with this provision. The arbitrator may grant injunctions or other relief in such dispute or controversy. Participant shall not have the right to resolve any Dispute by filing an action in any court of law. Participant shall only shall have the right to submit a Dispute for resolution by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Emergency Interim Relief Procedures. Any such arbitration shall be conducted at an office of the American Arbitration Association nearest to Promoter’s principal office. The cost of arbitration, including the fees of the arbitrator(s), shall initially be borne by Participant; provided, the prevailing party shall be entitled to recover the costs of arbitration, in addition to reasonable and actual attorneys’ fees and expenses, collection costs and other expenses incurred during the entire Dispute as reasonably determined by the arbitrator(s). Participant shall keep the results of any such arbitration entirely confidential and only disclose the same to the extent required to enforce or defend such results or as otherwise required by law. Participant waives all rights to a trial by jury to the extent allowed by applicable laws. Participant hereby waives the right to plead any statute of limitations as a defense to any obligation under the Agreement to the fullest extent permitted by law.
Equitable Remedies. Subject to the arbitration provisions in this Agreement, in the event of any default by Participant under the Agreement, Promoter may exercise all rights and remedies available at law and in equity and those rights and remedies shall be cumulative. Participant acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure or use of the proprietary concepts, Materials and intellectual property belonging to the Released Parties, and that the Released Parties shall be entitled, without waiving any other rights or remedies, to obtain injunctive relief, without bond, to restrain any breach or threatened breach or otherwise to specifically enforce such provisions of the Agreement, and to such additional relief as may be deemed proper by a court of competent jurisdiction. Participant hereby consents to the jurisdiction of the federal, state and other courts nearest to Promoter’s principal office.
CHECK THE BOX: Spouses may attend for the reduced price of $99. Click the check box above to add a spouse ticket to your order.