Touch-A-Truck Terms and Conditions

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TOUCH-A-TRUCK TERMS AND CONDITIONS: 2015

RELEASE OF LIABILITY

Effective as of the date of ticket purchase, whether purchased at the door or prior to the event as tracked and maintained by Touch-A-Truck and/or Austin Children’s  Services and/or  the parent organization to Austin Children’s Services of 4800 Manor Rd., Austin, Texas, 78723, The SAFE Alliance– including any and all of its subsidiaries, licensees, successors, assignees, and any and all other individuals, agencies, corporations, organizations etc. acting on behalf of The SAFE Alliance, including but not limited to Austin Children’s Services (whether by this or any other name and/or designation), and Touch-A-Truck (henceforth referred to solely as ‘The SAFE Alliance’), I — on behalf of myself and of any and all legal adults and/or minors and/or legal dependents  I am purchasing a ticket for, regardless of under whose care they may be either now or in the future and indeterminate of under whose supervision/charge/care they may be under during the event (henceforth referred to as ‘All Others’)—and  in exchange for participation in the activity of Touch-A-Truck organized by ‘The SAFE Alliance’ and/or use of the property, facilities and services of ‘The SAFE Alliance’ and/or the event site of Camp Mabry of 2200 W 35th St, Austin, TX 78703, hereby agree to the following:

  1. I agree and acknowledge that only the legal representative of an individual—whether that be the legal adult, or the legal parent or guardian of a minor and/or dependent–may relinquish the rights of said minor or dependent or legal adult, and by purchase of tickets for Touch-A-Truck, I agree to assume full legal responsibility for myself, and/or ‘All Others’.
  2. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by ‘The SAFE Alliance’ the employees, representatives or agents of the above.
  3. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and ‘All Others’, and further release and discharge ‘The SAFE Alliance’ for injury, loss or damage arising out of my own and/or ‘All Others’ use of or presence upon the facilities of Touch-A-Truck, whether caused by the fault of myself and/or ‘All Others’, Campy Mabry, ‘The SAFE Alliance’, and/or all other third parties.
  4. I agree to indemnify and defend ‘The SAFE Alliance’ and Camp Mabry against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my own and/or ‘All Others’ use of or presence upon the facilities of Touch-A-Truck.
  5. I agree to pay for all damages to the facilities of Touch-A-Truck, Camp Mabry, and/or ‘The SAFE Alliance’ whether caused by my own and/or ‘All Others’ negligent, reckless, or willful actions.
  6. In the event of an injury either to myself or ‘All Others’ during the above described activities, I give permission to Touch-A-Truck, Camp Mabry, and/or  ‘The SAFE Alliance’ to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on May 09, 20 15 and will remain in effect until terminated in writing by the undersigned or May 10, 2015, whichever occurs first. Touch-A-Truck, Camp Mabry, and/or ‘The SAFEThe SAFE
  7. Alliance’ shall have the following powers:
    1. The power to seek appropriate medical treatment or attention on behalf of myself and/or  ‘All Others’ as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
    2. The power to authorize medical treatment or medical procedures in an emergency situation; and
    3. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
  8. This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
  9. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
  10. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.
  11. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  12. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further acknowledge and agree that by purchase of these tickets, I am assuming full legal responsibility for myself and/or ‘All Others’.
  13. I — on behalf of myself and of ‘All Others’– agree to the terms and conditions of the Agreement.

 

CONSENT AND RELEASE FOR USE OF LIKENESS

Effective as of the date of ticket purchase, whether purchased at the door or prior to the event as tracked and maintained by Touch-A-Truck and/or Austin Children’s  Services and/or  the parent organization to Austin Children’s Services of 4800 Manor Rd., Austin, Texas, 78723,The SAFE Alliance– including any and all of its subsidiaries, licensees, successors, assignees, and any and all other individuals, agencies, corporations, organizations etc. acting on behalf ofThe SAFE Alliance, including but not limited to Austin Children’s Services (whether by this or any other name and/or designation), and Touch-A-Truck (henceforth referred to solely as ‘The SAFE Alliance’), I — on behalf of myself and of any and all legal adults and/or minors and/or legal dependents  I am purchasing a ticket for, regardless of under whose care they may be either now or in the future and indeterminate of under whose supervision/charge/care they may be under during the event (henceforth referred to as ‘All Others’)—hereby grant permission toThe SAFE Alliance to obtain and use the voice, image, photograph, likeness, and/or video (henceforth collectively referred to as Likeness) of myself and/or ‘All Others’  by any medium (including but not limited to video, audio, and photo or other image, natural or altered in any state by any manner).  Permission extends into perpetuity.

I agree and acknowledge that only the legal representative of an individual—whether that be the legal adult, or the legal parent or guardian of a minor and/or dependent–may relinquish the rights of said minor or dependent or legal adult, and by purchase of tickets for Touch-A-Truck, I agree to assume full legal responsibility for myself, and/or ‘All Others’.

For a valuable consideration, receipt of which is hereby acknowledged, I –on behalf of myself and ‘All Others’–hereby grants the Released Party all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish the Likeness of myself and/or ‘All Others’ which has been (or is being) obtained pursuant to this Consent and Release. The Likeness may be copyrighted, used and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication. I –on behalf of myself and ‘All Others’– represent and warrant that no other party has been granted an exclusive license with respect to the Likeness, and (ii) no other party’s authorization or consent is required with respect to the granted to the Released Party under this Consent and Release.

I –on behalf of myself and ‘All Others’– waive any right that I and/or ‘All Others’, and/or any party related to the Photographed Party may have to inspect or approve the Released Party’s copyright, use or publication of the Likeness, or the advertising copy or printed matter that may be used in connection with the copyright, use and/or publication of the Likeness. Furthermore, I –on behalf of myself and ‘All Others’—agree and acknowledge that neither myself nor ‘All  Others’ nor any party related to myself and/or ‘All Others’ will receive any form of compensation for the use of Likeness.

I –on behalf of myself and ‘All Others’ and/or  any other parties related to myself and/or ‘All Others’–  release the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to Use of Likeness (collectively, “Claims”). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Likeness.

I — on behalf of myself and of ‘All Others’—agree and acknowledge that this Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

I — on behalf of myself and of ‘All Others’—agree and acknowledge that the invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

I — on behalf of myself and of ‘All Others’—agree and acknowledge that any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.

I — on behalf of myself and of ‘All Others’—agree and acknowledge that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

I — on behalf of myself and of ‘All Others’—agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.

I further agree and acknowledge that by purchase of these tickets, I am assuming full legal responsibility for myself and/or ‘All Others’.

I ACKNOWLEDGE AND AGREE THAT BY PURCHASING A TICKET FOR EITHER MYSELF OR ‘ALL OTHERS’ AND/OR ATTENDING THE EVENT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS,  ASSUME FULL LEGAL RESPONSIBILITY FOR ‘ALL OTHERS’,  WARRANT THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND IT FULLY  AND AGREE TO ALL THE TERMS AND CONDITIONS OF TOUCH-A-TRUCK AS OULTINED IN THIS DOCUMENT.

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