SLATER’S 50/50 TAILGATE PACKAGE
TERMS AND CONDITIONS AGREEMENT
In consideration of SLATER’S 50/50, INC., a California corporation and its subsidiaries, affiliates, successors, and assigns (collectively, “Company”), agreement to allow the undersigned (“Participant”) to register, attend, and take part in Company’s tailgate package at Qualcomm Stadium located at 9449 Friars Road, San Diego, California 92108, including transportation to and from the tailgate (collectively, “Event”), Participant agrees to the following terms and conditions of this Slater’s 50/50 Tailgate Package Terms and Conditions Agreement (“Agreement”) as of the date indicated below:
1. ELECTRONIC AGREEMENT. THIS AGREEMENT IS AN ELECTRONIC CONTRACT THAT GOVERNS PARTICIPANT’S PARTICIPATION IN THE EVENT. BY CHECKING THE BOX “I AGREE” THAT APPEARS IMMEDIATELY BENEATH THE WORDING “PLEASE AGREE TO SLATER’S 50/50 TERMS AND CONDITIONS*”, PARTICIPANT ACKNOWLEDGES THAT HE/SHE UNDERSTANDS AND AGREES TO BE LEGALLY BOUND BY THIS AGREEMENT AND ITS TERMS, CONDITIONS, NOTICES, AND INCORPORATED POLICIES. CHECKING THE BOX CREATES AN ELECTRONIC SIGNATURE THAT HAS THE SAME LEGAL FORCE AND EFFECT AS A HANDWRITTEN SIGNATURE.
2. NO REFUNDS; NON-TRANSFERABLE; ADMITTANCE. Participant agrees that all payments submitted or paid by Participant to Company in consideration of Participant’s admission into the Event are NON-REFUNDABLE under any circumstances. Company reserves the right to cancel any tickets that have been resold. No exchange of tickets or event codes will be made under any circumstances and tickets and event codes are not transferable or resalable.
3. OTHER ATTENDEES. Participant agrees that if he/she is registering on behalf of another individual, it is Participant’s responsibility to ensure the person attending is aware of this Agreement and accepts it. By completing the registration on behalf of another individual, Participant is warranting that he/she has made the attendee or participant aware of the terms of this Agreement and that they have accepted the terms and conditions of this Agreement.
4. ALCOHOL, ILLEGAL DRUGS, WEAPONS. Alcohol consumption by persons under the age of 21 is strictly prohibited. Company and its agents reserve the right to check the identification of Participant at any time and for any purpose whatsoever. Company reserves the right to refuse service to persons that appear to be under the influence of drugs and/or unable to care for one’s self, or are objectionable to another participant or staff of the Company or its agents. All contraband and items considered “weapons” are strictly prohibited at the Event. Company reserves the right to inspect all belongings, including purses for weapons and contraband.
5. COMPLIANCE WITH LAWS AND CODE OF CONDUCT. Participant shall maintain decorum, comply with all laws, rules, and regulations of all government authorities, not suffer or permit the continuation of acts in breach of this Agreement, not create a nuisance or take any action that either diminishes liability insurance coverage for Company or increase the premium payable for such insurance. Participant shall be bound by and observe the terms and conditions of the San Diego Chargers’ Code of Conduct (http://www.chargers.com/tickets/stadium/fan-guide/code-of-conduct.html) and upon which the San Diego Charger’s game ticket is issued, including such terms which prohibit or restrict the right to resell such ticket, obscene, offensive, or abusive actions, fighting, or otherwise dangerous, abusive or profane behavior, or indecent exposure. Participant shall be responsible and pay for all fines/citations assessed by federal, state and/or local authorities as a result of the violation of any law by Participant. Participant agrees that any fines that Company is charged due to Participant’s actions will be charged to the credit card of Participant on file. These include, but are not limited to fines related to underage drinking, public urination, and littering.
6. EJECTION. Company has the right to eject and/or otherwise expel Participant from the Event and/or “Vehicle” transporting Participant to and from the Event for any unlawful conduct, fighting, form of abuse, underage alcohol consumption, behavior deemed inappropriate by Company, or breach of this Agreement without refund. In the event of misconduct or any other violation of this Agreement by Participant, or if any representative or agent of Company, including, but not limited to the “Driver” of the Vehicle feels threatened or otherwise deems Participant unruly or endangering the safe operation of the Vehicle or Event, Company reserves the right to: (a) terminate Participant’s rights and privileges under this Agreement without any refund; (b) not pick-up, drop-off or transport Participant to any location; and/or (c) drop Participant off at the nearest safe location. This is meant for the safety of Company, Participant, and other participants of the Event and/or passengers of the Vehicle.
7. LICENSE. Participant grants Company a perpetual, irrevocable, and unrestricted right to photograph and record visual and audio images (“Images”) of Participant while participating in the Event. The term Images shall include, but not be limited to recordings, photographs, digital images, video images, drawings, sound video records, and audio clips along with accompanying written descriptions. Participant further grants Company a perpetual, irrevocable, and unrestricted right to: (a) use, copy, exhibit, publish, reproduce, broadcast, or distribute all Images of Participant or any derivative work thereof, including Participant’s likeness as depicted therein, with or without Participant’s name and accompanying written description, throughout the world for editorial, trade, advertising, publicity, marketing, electronic/online media or social networking/media use (e.g., Facebook, Twitter, etc.), and for any other lawful purpose that Company deems proper; (b) alter Images of Participant without restriction; and (c) copyright Images of Participant. Participant waives any expectation of confidentiality, and releases and agrees to indemnify Company from all claims whatsoever in connection with Company’s use of Images of Participant. Participant also waives any right to inspect or approve the completed product using Images of Participant, including, but not limited to photographs, digital recordings, or electronic/online media. Participant acknowledges he/she will not receive any financial compensation (i.e., royalties) in connection with Company’s use of Images of Participant regardless of their realized or potential value. Participant unconditionally releases Company and its agents, from any and all claims, damages and liability whatsoever in connection with the use, alteration, and copyright of Images of Participant or names under this Agreement.
8. FORCE MAJURE. Company does not guarantee arrival at or departure from any point at a specific time due to circumstances beyond its control such as accidents, breakdowns, traffic and road conditions, storms, etc. and shall not be held liable for claims resulting in delays from such conditions. Company cannot be held responsible for delays or inconveniences due to unknown and/or unforeseen mechanical failures or situations deemed as “Acts of God.” Company shall not be liable for any claims resulting from Participant’s failure to promptly arrive at the stated scheduled departure time of the bus to and from Qualcomm Stadium.
9. ACKNOWLEDGMENT AND ASSUMPTION OF INJURY/DAMAGES. Participant acknowledges that he/she is aware of the possible risks, dangers and hazards associated with participating in the Event, including the risks of bodily injury or damage to property which may occur from known and unknown causes. Participant acknowledges that he/she is aware of the risks associated with consuming alcoholic beverages and with returning to Participant’s residence or any other destination or operating a motorized vehicle after consuming alcoholic beverages. Participant understands, accepts, and assumes all such hazards and risks. Company and its agents shall also NOT be liable for any personal property of Participant, which is/are misplaced, damaged, stolen, or left at the Event, Company’s restaurants, Qualcomm Stadium, or on the bus used to transport Participant to and from the Event.
10. RELEASE OF CLAIMS. Notwithstanding Section 1542 of the California Civil Code which provides that “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR,” Participant waives and releases Company, its agents, and Qualcomm Entities (collectively, “Releasees”) from any and all injuries, damages (including consequential damages), claims, or losses (including attorney fees) to Participant’s person and property, real or personal, whether known, unknown, foreseen, unforeseen, patent or latent, which Participant may have against Releasees as a result of the transportation of Participant to and from Qualcomm Stadium (or lack thereof) and/or Participant’s participation in the Event from whatever cause. Participant understands and acknowledges the significant and consequence of such specific waiver of Section 1542 of the California Civil Code and hereby assumes full responsibility for any injuries, damages, or losses that Participant may incur as a result of his/her participation in the normal or unusual acts of tailgating at the Event or transportation to and from Qualcomm Stadium.
11. GOVERNING LAW; ARBITRATION. Participant agrees this Agreement shall be governed by the laws of the State of California. Participant also agrees that all disputes and claims relating in any way to the Event (including any dispute concerning the construction or enforceability of this Agreement) shall be submitted to and resolved by means of confidential and binding arbitration conducted in the State of California, County of San Diego. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (AAA) by a single arbitrator mutually agreed upon by Participant and Company. Partcipant and Company may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Participant agrees that final and binding arbitration is the exclusive means for resolving any dispute in law or equity arising between the parties to this Agreement. This agreement is a waiver of all rights that Participant may have to a civil court action on any dispute. Thus, only an arbitrator, not a judge or jury, will decide the dispute, although the arbitrator has the authority to award any type of relief that could otherwise be awarded by a judge or jury. Participant is advised and encouraged to first review this provision with an attorney of their choosing before executing this Agreement.
12. LIMITATION OF STATUTE OF LIMITATIONS. Any dispute, right or claim of Participant which is based upon, or arises in connection with the Event or transportation of Participant to and from Qualcomm Stadium, shall be barred unless he/she commences arbitration thereon within six (6) months after the date of such occurrence, event or action upon which the claim or dispute relates, whichever applies. Participant agrees this provision shortening the statute of limitations to six months is not in itself unreasonable or is not so unreasonable as to show imposition of undue advantage.
13. WARRANTIES DISCLAIMER. THE EVENT IS BEING PROVIDED “AS IS.” COMPANY MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO PARTICIPANT OR ANY OTHER PERSON RELATING IN ANY WAY TO THE EVENT. COMPANY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL: (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES RELATING TO DELAYS OR INTERRUPTIONS IN THE EVENT; AND (C) WARRANTIES RELATING TO THE PERFORMANCE OF THE EVENT MEETING PARTICIPANT’S SATISFACTION.
14. LIMITATION OF LIABILITY. IN NO EVENT WILL RELEASEES BE LIABLE TO PARTICIPANT, AND PARTICIPANT KNOWINGLY WAIVES ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, PARTICIPANT AGREES THAT RELEASEES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (A) ANY FAILURE OF ANOTHER PARTICIPANT BREACH OF THIS AGREEMENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM PARTICIPANT’S PARTICIPATION IN THE EVENT; (C) PARTICIPANT’S DISSATISFACTION WITH THE EVENT; OR (E) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN RELEASEES AND PARTICIPANT IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN. THE MAXIMUM LIABILITY OF RELEASEES, AND PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES AND LOSSES SUFFERED BY PARTICIPANT, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY PARTICIPANT TO ATTEND AND OTHERWISE PARTICIPATE IN THE EVENT. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
15. MISCELLANEOUS. This Agreement sets forth the entire agreement and understanding between Company and Participant relating to the subject matter herein and merges all prior discussions between the parties. This Agreement or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the Agreement or portion hereof. This Agreement may not be modified by either party except by a written contract signed by both Participant and Company. The provisions of this Agreement are divisible; if any provision is deemed invalid or unenforceable, that provision shall be deemed limited to the extent necessary to render it valid and enforceable and the remaining provisions of this Agreement shall continue in full force and effect without being invalidated in any way.
16. COPY OF AGREEMENT. Participant has the right to receive the Agreement in non-electronic form. Participant may request a non-electronic copy of the Agreement either before or after he or she electronically signs it. To receive a non-electronic copy of the Agreement, please send an e-mail to firstname.lastname@example.org or a letter and self-addressed stamped envelope to: Slater’s 50/50, Inc., 960 Canterbury Place, Suite 110, Escondido, California 92025.
I HAVE HAD SUFFICIENT TIME TO REVIEW AND SEEK EXPLANATION OF THE PROVISIONS CONTAINED ABOVE AND, HAVE CAREFULLY READ THEM, UNDERSTAND THEM FULLY, AND AGREE TO BE BOUND BY THEM. AFTER CAREFUL DELIBERATION, I VOLUNTARILY CONSENT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. I FURTHER REPRESENT THAT I AM AT LEAST 21 YEARS OLD.