Terms & Conditions
TERMS & CONDITIONS
This Waiver and Release of Liability (hereinafter, the “Agreement”) is being entered into in consideration of the benefit of participating in events offered by Joyful Goodness, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, (hereinafter individually and collectively referred to as the “Participant”), hereby acknowledge, represent, warrant and agree as follows, with the knowledge that Joyful Goodness will rely on the warranties and obligations contained herein:
1. Voluntary Participation. Participant understands and confirms that participation in any event offered by Joyful Goodness (hereinafter, the “Events”) is voluntary. Participant hereby warrants that he or she is in good health and suffers from no physical or mental condition that would create a unreasonable risk of harm to himself or herself, or to any other participant of the Events.
2. Comprehension and Assumption of Risk. Participant understands and acknowledges that there are potential risks involved related to participation in the Events. Participant hereby assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with Participant’s participation in the Events. Participant accepts full responsibility for any liability, injury, loss, damage or death in any way connected with participation in the Events. Participant acknowledges that participation in the Events is at Participant’s sole risk.
3. Release of Claims. Participant hereby releases Joyful Goodness from any and all liability or claims which may arise from participation in the Events. This paragraph shall be inclusive of, but not limited to, any injury or death resulting from consumption/exposure to food or beverage allergies, food borne illnesses, theft of or damage to Participants’ property, transportation or commute, exposure to adverse weather conditions, or choking. Participant, on behalf of Participant and Participant’s successors, agents or assigns, hereby forever and unconditionally releases Joyful Goodness, its owners, officers, employees, agents, successors in interest and insurers (hereinafter referred to as the “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses, including, without limitation, attorney’s fees, in any way arising out of, or resulting from, Participant’s participation in the Events. Any liability found on the part of Joyful Goodness shall be limited to the cost of participation. Participant further acknowledges that Joyful Goodness is in no way liable for any injury to resulting from Participant’s own conduct or behavior or that of other guests.
4. Medical Expenses and Consent to Medical Treatment. Participant hereby accepts full financial responsibility for any personal medical expenses or treatment which may result from participation in the Events, and hereby releases the Joyful Goodness in full from any potential claim for such medical expenses. Further, Participant hereby authorizes Joyful Goodness to provide Participant with medical treatment, whether resulting from an emergency or otherwise, and hereby releases Joyful Goodness from any and actions in tort for the provision of such medical attention. Nothing in this Paragraph 4 shall be construed to create an actual or implied duty upon Welli to provide or seek such medical treatment for Participant.
5. Indemnification. Participant agrees to pay any and all costs, fees, expenses and charges arising from any act or conduct of Participant that results in damage or injury to any person, including, but not limited to, any third-party participant or vendor of the Events or employee of the Joyful Goodness. Participant further agrees to indemnify and hold Joyful Goodness harmless from and against any such act or conduct which results in damages of any kind.
6. Cancellation and Force Majeure. Joyful Goodness hereby reserves the right to cancel the Events for any reason. Additionally, in the instance that the Events have commenced, Welli may cancel the remainder of such Events if, in the opinion of any employee or agent of Joyful Goodness, there is sufficient reason to believe that the Participant may be in danger of injury or loss. This paragraph includes, but is not limited to, any act of God or unforeseeable event, such as natural disasters, riots, acts of governing authorities, or otherwise. In the event of cancellation of the Events, Joyful Goodness shall refund the monies paid by Participant for the ticket(s) within thirty (30) days of such cancellation.
7. Promotional Release. Participant hereby grants Joyful Goodness a worldwide, royalty-free irrevocable license to use Participant’s photographic, video, or digital likeness for promotional, educational, and/or commercial purposes. This Paragraph 7 shall, however, be limited to pictures, videos and descriptions of events which are which are captured in the course of the Events, or within a reasonable time thereof.
8. Consumption of Alcohol. Participants twenty-one (21) years of age and older are able to drink alcohol during designated stops on the Events should they choose to do so. However, alcohol consumption shall be at Participant’s own discretion, risk and liability. Participant will be required to produce government-issued photo identification prior to the commencement of the Events if he or she wishes to partake in any alcohol during the Events. The foregoing portion of this Paragraph 8 notwithstanding, Joyful Goodness reserves the right to excuse any Participant from the Events if said Participant becomes inebriated and misbehaves or has the potential to cause harm to him or herself or any other person or persons. If a Participant is excused from the Events pursuant to this paragraph, it shall be without any sort of reimbursement by Joyful Goodness. All Participants hereby assume all risk involved with the consumption of alcohol and unconditionally hold Joyful Goodness harmless.
9. Modification. The provisions of this Agreement can only be modified by a written instrument executed by an authorized agent of Joyful Goodness.
10. Entire Agreement. This Agreement constitutes the entire agreement and understanding between Participant and Joyful Goodness, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Agreement.
11. Severability. If any part of this Agreement is found to be void by a court of law, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void portions were deleted.
12. Governing Law and Mediation. The construction and meaning of the terms and provisions of this Agreement shall be interpreted in accordance with the laws of the State of Florida. Any action arising out of or relating to this Agreement, including without limitation, the validity, interpretation, performance, or breach thereof, shall be brought in state or Federal court sitting in Orange County, Florida, and any such court shall have exclusive jurisdiction over any such action. Mediation shall be a prerequisite before any action may be brought.
13. Binding Effect. Participant acknowledges that this Agreement shall be binding upon Participant’s heirs and assigns, personal representatives, beneficiaries and next of kin. Participant acknowledges that he or she has carefully read this Agreement and submits to all of the foregoing provisions. Further, Participant acknowledges that he or she enters into this Agreement under his or her own volition, and that Participant has been afforded the opportunity to review this Agreement with the attorney of his or her own choosing. Participant acknowledges that he or she is giving up substantial rights by agreeing to the provisions of this Agreement.