Dailey & Vincent's Flagler Jam

Waiver & Release for Flagler Jam 2021


WAIVER AND RELEASE

This waiver and release (“Wavier and Release”) is made and entered into effective as of August 4, 2021 (the “Effective Date”) by and between (“Attendee”), whose address is and Dailey & Vincent, Inc. (“D&V”), whose address is 1600 Division Street, Suite 225, Nashville, TN 37203.

In consideration of the mutual promises between the parties and other good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:

  1. As used in this Waiver and Release (i) the term “D&V” refers collectively to Dailey & Vincent, Inc., (including without limitation D&V and its shareholders, employees, agents, officers, members and directors (ii) the term “D&V Entities” shall collectively refer to D&V, the individual members of the D&V; its management; and their related companies, and the owners, directors, officers, members, stockholders, partners, employees, agents and representatives of each of them.

 

  1. Attendee acknowledges that there are inherent risks associated with attending public gatherings such as concert performances, including, without limitation, the performance by the musical group professionally known as Dailey & Vincent scheduled for October 10, 2020, at Flagler Point in Gainesboro, TN (the “Activities”) and knowingly and willingly accepts and assumes such risks. Such risks are enhanced in light of the current COVID-19 (coronavirus) pandemic.  Attendee agrees to follow all guidance and instructions issued by D&V and/or event staff in connection with the Activities regarding safety precautions and protocols, including, without limitation, use of personal protective equipment and social distancing. Attendee agrees that he/she will not to attend the Activities if Attendee has a fever, cough, sore throat or any other symptoms commonly associated with COVID-19 within 48 hours of the Activities or if Attendee has been in direct contact with any individual that has tested positive for COVID-19 (unless Attendee subsequently receives a negative test result for a COVID-19 test). Attendee further acknowledges and agrees that the presence of the D&V Entities, and representatives at and/or during the Activities does not in any way restrict or limit the scope of this release or Attendee’s assumption of the risk.

 

  1. As a condition precedent to Attendee being permitted to purchase a ticket to the Activities, and in consideration of the ability to purchase a ticket to the Activities, Attendee hereby releases and waives any and all claims, liabilities and actions of any kind, whether for personal injury, death, damage to personal property or otherwise, and however caused related to COVID-19 (the “Released Claims”), that he/she may have against any D&V Entity arising out of or in connection with his/her attendance at the Activities. Notwithstanding the forgoing, in no event shall the D&V Entities be liable to Attendee (or any person or entity claiming rights derived from Attendee) with respect to the Released Claims for indirect, special, incidental, punitive, exemplary or consequential damages, including loss of anticipated revenues, lost profits, loss of business or other economic damage, injury to person (including pain and suffering), and/or injury to property in connection with, arising out of, or as a result of the Activities and/or the Released Claims.  Such limitations shall apply regardless of whether the D&V and/or D&V Entities allegedly liable were advised, had reason to know, or in fact knew of the possibility of such damages. 

 

  1. This Waiver and Release shall be interpreted, construed and enforced in accordance with the laws of the State of Tennessee as executed and performed in that state without regard to or for conflicts of laws principles. Attendee agrees to the exclusive jurisdiction of the state and federal courts sitting in Nashville or Davidson County for the resolution of any disputes arising from or related to this Waiver and Release.

 

  1. Should either party be required to bring legal action (including arbitration) to enforce its rights under this Waiver and Release, the prevailing party in such action shall be entitled to recover from the losing party its reasonable attorney’s fees and costs in addition to any other relief to which it is entitled.

 

  1. If any part of this Waiver and Release is held by a court of competent of jurisdiction to be invalid or unenforceable, that part of the Waiver and Release will be enforced to the maximum extent permitted by law, and the remainder of this Waiver and Release will remain fully in force.

 

  1. This Waiver and Release shall take precedence over any other documents that may be in conflict with it and shall not be modified or amended except in writing signed by the parties and specifically referring to this Waiver and Release.

 

  1. By signing this Waiver and Release, Attendee acknowledges that he/she is of legal age and is legally able to enter into this waiver and release. Further, the undersigned acknowledges that he/she has read and understands the provisions of this waiver and release and voluntarily consents to the terms set forth herein.

 

THIS IS A LEGAL DOCUMENT.  PLEASE READ CAREFULLY BEFORE SIGNING.

 

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Dailey & Vincent's Flagler Jam https://flaglerjam.com
Signature Certificate
Document name: Waiver & Release for Flagler Jam 2021
Unique Document ID: f4a30df7934dd5ba796b4b8e73f623077eb20be9
Timestamp Audit
April 23, 2021 9:26 am CDTWaiver & Release for Flagler Jam 2021 Uploaded by Bobby Davenport - esign@flaglerjam.com IP 50.200.115.2