Event Terms
SDCFM, INC. d/b/a FARMERS CUP
TERMS AND CONDITIONS
YOUR EVENT TICKET IS A REVOCABLE LICENSE
NO RE-ENTRY UPON EXIT
NO REFUNDS
NO EXCHANGES
By using this ticket and providing access to the SDCFM, Inc. d/b/a Farmers Cup (“Farmers Cup”) event premises, ticket holder (“Ticket Holder”) hereby agrees to the following Terms and Conditions identified herein. Ticket Holder is solely responsible for reading and understanding these Terms and Conditions. By entering the Farmers Cup event premises, Ticket Holder acknowledges and represents that they are at least 21 years of age.
Use of Premises.
Ticket Holder understands and agrees that they may only use the Farmers Cup event premises (“Premises”) for the purposes set forth in this Release and Waiver of Liability Agreement during the date(s), times and location identified on their Ticket. Ticket Holder further agrees that they are responsible for the proper use and care of the Premises and any of the Farmers Cup or owner’s property thereon, and that Ticket Holder will be liable for the replacement cost of any owner property or Farmers Cup property which is damaged, destroyed or lost. Ticket Holder also agrees to clean up and restore the Premises after they are done using the Premises as permitted in this agreement and to restore the Premises to the same condition in which it was provided to them.
Use of Ticket.
Ticket Holder must retain possession of this ticket until the event occurs. This ticket cannot be replaced if lost, stolen or destroyed. This ticket is good only for the particular event identified on the front of the ticket and no part of the purchase price will be refunded because of the failure of Ticket Holder to use it for this event. If the event does not occur and at the sole discretion of the Farmers Cup, this ticket will admit Ticket Holder on the date or dates that the event is rescheduled. No part of the purchase price shall be refunded because of Ticket Holder’s failure to use this ticket on such rescheduled or resumed date or dates.
Assumption of Risk.
Ticket Holder understands and acknowledges that the activities that take place on the Premises may be dangerous and may involve the risk that Ticket Holder may sustain injury, serious injury, temporary or permanent disability, death, and/or property damage. Ticket Holder understands that the activities that take place on the Premises may not be supervised and that the owner of the Premises may not provide medical services. Ticket Holder further acknowledges that any injury that Ticket Holder may sustain while on the Premises may be compounded by negligent or delayed medical service(s). Ticket Holder further understands and acknowledges that the activities that take place on the Premises may take place outside and could result in adverse weather conditions.
Ticket Holder further understands and acknowledges that the activities that take place on the Premises may involve the possession and consumption of cannabis. Cannabis is a Schedule I Controlled Substance. Cannabis shall be kept out of reach of children and animals. Cannabis may only be possessed or consumed by persons 21 years of age or older unless the person is a qualified patient under California law. Cannabis use while pregnant or breastfeeding may be harmful. The intoxicating effects of cannabis products may be delayed up to two hours. Consumption of cannabis products impairs your ability to drive and operate machinery. Ticket Holder is advised to use extreme caution while using cannabis or cannabis products. TICKET HOLDER VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO TICKET HOLDER’S USE OF AND PARTICPATION OF ACTIVITIES ON THE PREMISES, INCLUDING BUT NOT LIMITED TO: THE RISK OF INJURY, DEATH, PROPERTY DAMAGE, OR ADVERSE WEATHER CONDITIONS.
Release from Liability.
Ticket Holder hereby agrees, on behalf of myself, my heirs, and personal representatives, to fully and forever discharge and release the property owner, the Farmers Cup, and each of its affiliates, and their respective shareholders, directors, officers, partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims Ticket Holder may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Ticket Holder’s entry upon and use of the Premises, whether caused by the negligence of the Farmers Cup, the property owner, or any of the Released Parties or by any other reason. Ticket Holder acknowledges and agrees that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Ticket Holder while on or using the Premises.
Covenant Not to Sue.
Ticket Holder agrees, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Ticket Holder or my heirs may have as a result of any personal injury, death or property damage Ticket Holder may sustain while on or using the Premises.
Indemnification.
Ticket Holder hereby agrees to defend, indemnify and hold harmless the Farmers Cup, the property owner, and the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.
Responsibility for Personal Property.
Ticket Holder acknowledges and agrees that Ticket Holder is fully and solely responsible for any of my property and personal belongings that Ticket Holder brings onto the Premises and that the Farmers Cup and the property owner will not be responsible for or provide any security for my property and personal belongings.
No Representations by Farmers Cup.
Ticket Holder acknowledges that Farmers Cup makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. Ticket Holder accepts and shall use the Premises in its “AS IS” condition. Ticket Holder acknowledges and agrees that Ticket Holder is not relying upon any representation or statement by the Farmers Cup or the Farmers Cup’s employees, agents, or representatives regarding this agreement or the Premises, except to the extent such representations are expressly set forth in this agreement.
Governing Law and Venue.
This Release and Waiver of Liability agreement shall be governed by and interpreted in accordance with the laws of the State of California without giving effect to the principles of conflicts of law of such state. Ticket Holder agrees that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state court located in California, San Diego County.
Waiver.
No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
Survival.
Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
Compliance with Laws.
In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
Cannabis Disclosure.
Although the California Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and associated regulations allow certain qualified persons to cultivate, manufacture, sell, possess, and consume cannabis. However, the sale, cultivation, manufacturing, distribution, sale, use, and possession of cannabis is illegal under federal law. You are therefore advised that participating in any cannabis-related business event and the possession, use, and/or cultivation of cannabis could subject you to federal criminal prosecution, penalties, fines, and jail time, including mandatory minimum sentences.
Severability.
If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
Entire Agreement; Modification; Binding Effect.
This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
NOTICE OF VIDEO, AUDIO, &/OR PHOTOGRAPHY
By entering the Farmers Cup event you are entering an area where video recording, audio recording and/or photography will occur.
By entering the event premises, you hereby consent to allow SDCFM, Inc. d/b/a Farmers Cup (“Farmers Cup”) and its agents, representatives, or affiliates the absolute right and permission to use your likeness and/or voice in any images, photographs, video, audio recordings, or other digital media embodied in any recordings taken by or made on behalf of the Farmers Cup. Such images, photos, video and/or digital media may be used to promote similar Farmers Cup events in the future. You waive any right to inspect or approve any photo, video, audio recording or other digital media taken by the Farmers Cup and its agents, representatives, or affiliates. You further agree and acknowledge that you will not receive, nor are you entitled to, any compensation for the use of your images, recordings, likenesses, or narratives.
You hereby agree to hold harmless, release and forever discharge the Farmers Cup and its agents, representatives, or affiliates from any and all claims, demands, and liabilities, including, but not limited to: any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation, which may arise out of or in connection with the use of your likeness and voice in any images, photographs, videos, audio recordings, or other digital media embodied in any recordings, and this release shall be binding upon you, your heirs, legal representatives, and assigns.
This Notice is made and entered into under the laws of the State of California and shall be governed and interpreted in accordance with California law.
