RELEASE OF LIABILITY AND WAIVER OF RIGHTS
BY PURCHASING TICKETS, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TREUER LAUGHS, LLC, a COLORADO LIMITED LIABILITY COMPANY ("Sponsor").
Activity: “Of the Comics”
Location: The Stand Up Comedy Club
Date of Activity: Feb 11, 2023
I desire to participate in the activity described above (the "Activity"), including, without limitation, to enter any area where the Activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity. For the intangible value I will gain by participating in the Activity and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, and in recognition of the Sponsor's reliance hereon, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (this "Release and Waiver"), including all the Covenants and Agreements listed in this Release and Waiver ("Covenants and Agreements").
Further, I hereby irrevocably permit, authorize, and license Sponsor and any of its assigns, licensees, successors, or affiliates to use and distribute, and permit others to use and distribute, my name, likeness, appearance, voice, and other personal characteristics and all materials created by or on behalf of Sponsor that incorporate any of the foregoing ("Materials"), in connection with the Activity and advertising and promotion of the Activity and advertising, publicity, and promotion of the Sponsor and its affiliates and their businesses, products, and services, on a perpetual basis throughout the world, in any medium or format whatsoever whether now existing or hereafter created, including without limitation internet streaming and downloading, websites, other digital transmission methods, mobile applications, television broadcast, cablecast, satellite, home video, video on demand, pay television, pay-per-view, radio, and print publications, on any platform whatsoever whether now existing or hereafter created, including without limitation televisions, computers, and mobile devices, and display, point-of-sale, direct mail, and other advertising and promotional platforms and methods, without further consent from or any royalty, payment, or other compensation to me.
I agree that Sponsor is and will be the sole and exclusive owner of all right, title, and interest in and to the Activity any recording thereof (the "Recording") (including all film, photographs, and other recordings, including outtakes and behind-the-scenes footage), and the Materials, including all copyrights and other intellectual property rights therein, in perpetuity throughout the universe. In furtherance of the foregoing, I agree that the results and proceeds of my services in connection with the Activity, Recording and the Work are works made for hire for Company as defined in Section 101 of the Copyright Act of 1976. To the extent the Activity, Recording, the Materials, or any part of either does not qualify as, or otherwise fails to be, work made for hire, I shall, and hereby do, (a) assign, transfer, and otherwise convey to Sponsor, irrevocably and in perpetuity, throughout the universe, all of my right, title, and interest, if any, in and to the Activity, Recording and the Materials, including all copyright and other intellectual property rights, including all registration, renewal, and reversion rights, and the right to register and sue to enforce such copyrights against infringers and alleged infringers; and (b) irrevocably waive any and all claims I may now or hereafter have in any jurisdiction to so-called "moral rights" or rights of droit moral in the Recording and the Materials.
This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations ("Applicable Law"). If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Sponsor and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under Applicable Law.
I HAVE READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING, AND HAVE AGREED TO THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.
I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF SPONSOR IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY.
COVENANTS AND AGREEMENTS
I hereby irrevocably and unconditionally agree for myself, my personal representatives, spouse, successors and assigns, heirs, and next of kin, as follows:
- ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or vehicles. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
- RELEASE FROM LIABILITY. I fully and forever release and discharge Sponsor and its respective affiliates, officers, managers, members, employees, agents, and insurers, and all others involved in the Activity (collectively referred to in this Release and Waiver as "Sponsor") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of Sponsor.
- INDEMNITY. I will defend, indemnify, hold harmless, and reimburse Sponsor from and for all damages, losses, costs, or expenses (including legal fees) incurred by Sponsor or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse Sponsor if anyone makes a claim against Sponsor in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
- COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Sponsor, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Sponsor responsible for any injury, loss, or damage sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of Sponsor.
- REPRESENTATIONS. I am over 18 years of age. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
- COVENANTS. I will follow any and all instructions, recommendations, and cautions of Sponsor at all times during the Activity, including, without limitation, in respect of my operation of any vehicle at the Activity or other participation in the Activity. I will comply with all Applicable Laws while participating in the Activity. I will operate all vehicles at the Activity in a safe manner and will observe all traffic laws. I will not operate or be a passenger in any vehicle at the Activity while under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug which could impair my ability to operate or ride in a vehicle.
- PUBLICITY. I hereby grant Sponsor, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE SPONSOR.