GENERAL WAIVER
There are risks involved in any Event. By going to the Event, you assume all risks incidental to the Event and release Tunnel to Towers Foundation (“T2T” or “Foundation”) and their respective affiliates from all claims related to or arising out of the Event or your presence at the Event.
The ticket you hold is subject to all applicable policies of the Management of the Event. This ticket is a revocable license to enter the Event at the date and time listed on the front. What that means is that Management reserves the right, without paying a refund of any costs claimed to be related to attendance, to refuse entry or eject you if you are not complying with all Management policies applicable to the Event.
The Event date and time is subject to change. Performing artists and times are subject to change. Resale and/or transfer of the ticket may be prohibited by Management’s policies, and if so, any such resale and/or transfer is void to the maximum extent allowed by applicable laws. Any such unauthorized resale and/or transfer may result in refusal of entry without refund of any costs claimed to be related to attendance. Tickets not obtained directly from Management may be lost, stolen, counterfeit or invalid, in which case they will not be honored.
Participant grants the Foundation their consent and full right to use their name, photograph, likeness, image, voice, and biography in any and all media, including, but not limited to, any forms of social media, publications, advertising, and publicity in connection with their participation hereunder. Participant waives any rights, claims or interest which they, their heirs or assigns may have to control the use of their identity or likeness in whatever form of media used. Additionally, Participant releases and forever discharges the Foundation and Foundation Entities from any and all claims or liabilities of any kind which may arise from the use of their name, photograph, likeness, image, voice and biography. Participant acknowledges and agrees that they will not receive any compensation in connection with any use of their name, photograph, likeness, image, voice, or biography.
This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Foundation, including negligent rescue operations, and is intended to be as broad and inclusive as is permitted by law.
Participant expressly agrees that this Release and Waiver is intended to be as broad and inclusive as permitted by the laws of the State of New York and shall be governed by and interpreted in accordance with the laws of the State of New York.
Participant agrees that if any provision of this Release and Waiver is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect any other provision of this Release and Waiver, and the remaining portions shall remain in full force.
I hereby acknowledge the contagious nature of COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that the Foundation has put in place preventative measures to reduce the spread of COVID-19. I further acknowledge that T2T cannot guarantee that I will not become infected with COVID-19. I understand that the risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, T2T staff/volunteers, and other T2T Event participants. I voluntarily seek to participate in a T2T Event. I acknowledge that I must comply with all set procedures to reduce the spread while attending the Event. I attest that: I am not experiencing, and have not experienced in the last ten (10) days, any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell; I do not believe I have been exposed to someone with a suspected and/or confirmed case of COVID-19; I have not been diagnosed with COVID-19 but not yet cleared as non-contagious by state or local public health authorities; and I am following all CDC recommended guidelines as much as possible and limiting my exposure to COVID-19. I, for myself and to the maximum extent allowed by law on behalf of my minor child(ren) participating in the Event, hereby release and agree to hold T2T harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any negligence, act, or failure to act of T2T, or that may otherwise arise in any way in connection with any services received from T2T or my participation in the T2T Event. I understand that this release discharges T2T from any liability or claim that I, my heirs, or any personal representatives may have against T2T with respect to any bodily injury, illness including contracting COVID-19, death, medical treatment, or property damage that may arise from, or in connection to, any participation with the T2T Event. This liability waiver and release extends to T2T together with all owners, officers, directors, board members, partners, employees, and volunteers. This waiver shall be interpreted and construed according to the laws of the State of New York. I am at least 18 years of age and otherwise legally competent to sign this document. I have carefully read this Waiver and Release, understand it, voluntarily sign same, and attest that no oral representations apart from the foregoing have been made.
I REPRESENT THAT I AM AT LEAST 18 YEARS OF AGE AND COMPETENT TO EXECUTE THIS RELEASE AND WAIVER. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
BY CLICKING “AGREE” ON THE DIGITAL VERSION OF THIS DOCUMENT, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND AGREE TO THE TERMS OF THIS WAIVER AND MY ELECTRONIC AGREEMENT SHALL HAVE THE SAME EFFECT AS AFFIXING MY SIGNATURE THERETO.