White Claw® Pre-Game Day Palooza
Release of Liability
On behalf of myself, my heirs, executors, administrators and assigns and anyone else who may take by or through me, I hereby release and forever discharge Mark Anthony Brands Inc. (“MABI”), MABI’s parents, affiliates, officers, directors, employees, distributors and retailers, advertising and promotion agencies; subsidiaries, consultants, contractors, and legal, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers/web masters, and any person, persons, or corporations acting under their permission or authority (including but not limited to their officers, directors, employees, agents, shareholders or representatives), (“Released Parties”), from and against any and all liability, claims, or actions of any kind whatsoever for death, injury, damages, or losses to persons and property that may be sustained directly or indirectly as a result of my receipt, use, or ownership of any items, or while traveling to, preparing for, and/or participating in the Event or any activities related to the Event.
Publicity Release: I hereby grant to Mark Anthony Brands Inc. (“MABI”), throughout the universe and in perpetuity, the right, without reservation and freely assignable, to use and publish my name, voice, likeness, photograph, biographical and Event information, and other elements of my persona and identity, by any and all means, devices, processes and technology, and in all media, now known or hereafter invented, contemplated or devised, for advertising, promotional and/or other purposes related to the Party, as well as for all general marketing, advertising, promotional, commercial tie-in, merchandising, and other business purposes of MABI and MABI’s affiliates, without notice to me and without further compensation.
Breakaway and LineLeap
Release of Liability
Consent to Capture Likeness and Image Release
1. As a consideration for being allowed entry to and to participate in the Breakaway 360 Event (the “Event”) taking place at all venues on the (the “Venue”), provided and produced by Breakaway 360, LLC. and/or any of their respective affiliates (collectively, the “Organizer”), the person attending the Event (hereinafter the “Attendee”) acknowledges that the Event’s promoters, participants, performers, artists, ticketing services provider, advertising agencies, and sponsors, and/or all other persons or entities associated or involved with the Event, specifically including the operators of the venues in section 3 (collectively, “Management”) will be using film, video, and photographic cameras at the Event, and that the Attendee’s image, voice, likeness, and/or appearance (collectively, “Personal Likeness”) may be captured or embodied in a fixed medium of some fashion, including, but not limited to, photographs, film, video, recordings, audio tapes, digital images, digital audio, or other video or audio recordings taken or made of the Attendee during the Event (collectively, as the same may be modified, adapted, altered or the like, the “Event Materials”), that may subsequently be displayed or disseminated without the Attendee’s consent or payment of compensation to the Attendee, and the Attendee releases Organizer, Management, and their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, shareholders, insurers, agents, staff, employees volunteers, contractors, and representatives (collectively, the “Released Parties”) from any liability due to such capturing, display, or dissemination. By attending the Event, the Attendee consents to being filmed and or photographed and consents that the Attendee’s Personal Likeness and the Event Materials may be used by Organizer, Management, Released Parties, and/or by other participants or attendees, without compensation to the Attendee, for any purpose in any media (now known or hereafter devised) throughout the world in perpetuity, including but not limited to use in photographs, videotapes, CDs, DVDs, broadcast, telecast, live streams, podcast, webcast, recordings, motion pictures, commercial advertisement, promotional materials, and/or any other record of the Event. The Attendee understands that all copyright rights in the images shall be owned by Organizer in perpetuity and waives any inspection or approval rights.
2. The Attendee hereby grants the Released Parties an irrevocable, non-exclusive, royalty-free license to use the Event Materials and/or imagery obtained at the Event including still photographs and videos (hereinafter “Event Imagery”) taken by the Attendee in connection with the Event and/or any derivatives of, successors to and/or events, companies, productions and/or projects affiliated with the Event or the Organizer (collectively, “Event Projects”), in all media, whether now known or hereafter devised, throughout the universe, in perpetuity. Such rights include, without limitation, the right to use the Event Materials and/or the Event Imagery, in whole or in part, in and in connection with (a) the development, production and/or other exploitation of any Event Project, as well as all allied, ancillary, subsidiary, and derivative uses and versions of the Event and/or any Event Project, and (b) advertising, marketing, promotion and publicity in connection with the Organizer, Management, the Event, Event Projects, Event Materials and/or Event Imagery, and/or any or all allied, ancillary, subsidiary and derivative uses of the foregoing, in all media, whether now known or hereafter devised, throughout the universe, in perpetuity, at no additional cost. The Attendee irrevocably waives any right to inspect or to approve any Event Materials, whether or not any of the foregoing may be created using or includes or embodies the Attendee’s Personal Likeness, and waive any Claim with respect to the eventual use thereof. Furthermore, the Attendee hereby unconditionally and irrevocably releases, forever discharge and hold harmless the Released Parties from any and all Claims caused by, arising out of or in connection with such use including, without limitation, any and all Claims for invasion of privacy, infringement of the Attendee’s right of publicity, defamation (including libel and slander), and any other personal or property rights.
901 – Los Angeles, CA
Assembly Hall – Austin, TX
Champs – State College, PA
Cool Beans – Knoxville, TN
Cricket’s – Lubbock, TX
Elray’s – Iowa City, IA
Fred’s – Baton Rouge, LA
Gallettes – Tuscaloosa, AL
Garage – Ann Arbor, MI
Gentle Ben’s – Tucson, AZ
Kilroy’s – Bloomington, IN
Kollege Klub – Minneapolis, MN
Lucky’s – Madison, WI
Midway – Columbus, OH
Paloma Park – Athens, GA
Southeastern – Auburn, AL
I hereby grant to Line Services, Inc. dba LineLeap (“Agency”) (on behalf of Client) and Mark Anthony Brands, Inc. (“Client”) and its affiliates, any person authorized by or on behalf of Client and each of their respective successors and assigns (collectively, the “Permitted Parties”) the right, but not the obligation, to: (a) interview, film, and photograph me; (b) create from any such interviewing, filming and photographing, or from the product of my services, materials (collectively, the “Materials”); (c) reproduce, publish, display, exhibit, digitize, broadcast, distribute or otherwise use the Materials, as well as: (i) my name, picture, image, performance, social media handle, profile picture, avatar, biographical information or other likeness (collectively, “Likeness”), (ii) any comments, endorsements, testimonials and/or statements made by me (collectively, the “Statements”), and (iii) any proceeds of my services, in any and all media now known or hereinafter devised, throughout the universe, in perpetuity. I agree that, notwithstanding anything herein to the contrary, subject to the Permitted Parties’ usage rights hereunder, (a) Client shall have all right, title and interest in and to the Materials; and (b) the product of my services hereunder shall be a work-made-for-hire for Client for copyright purposes, or if for any reason held not to be work-made-for-hire, I hereby assign to Client all right, title, and interest in and to such product.
Release and Waiver of Liability for Participation in the Event
1. As a consideration for being allowed entry to and to participate in the Event, the Attendee must sign and agree to the terms of this Release and Waiver of Liability (hereinafter the “Release”).
2. Attendee expressly assumes all risk and danger arising from or incidental to the Event, whether such risk or danger occurs prior to, during, or subsequent to the actual Event and assumes full responsibility and liability for their attendance at and participation in the Event.
3. Attendee acknowledges, understands and agrees that that the Event is an interactive event and that, as an attendee and participant therein, Attendee may engage in activities that involve a substantial risk of personal injury, property loss and/or economic loss. These risks may include, but are not limited to, those caused by, arising out of or in connection with: (a) the actions or inactions of Attendee and others; (b) conditions of the Venue, premises or equipment used; (c) conditions of other attendees, participants, performers, and artists; (d) fire and flame effects; (e) staging; (f) vehicular traffic; and/or (g) infection by COVID-19 or any other communicable disease or illness, or a bacteria, virus, or other pathogen. Attendee further acknowledges and fully understands that there may also be other risks that are presently unknown or unforeseeable.
4. Attendee expressly hereby forever releases and discharges, and agrees not to sue the Released Parties with respect to any and all claims, liabilities, suits, or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown (including attorneys’ fees and costs) (collectively “Claims”) that Attendee has or may have that arise from or are incidental to the Event, including without limitation any Claims for any injury, damage, death, or other loss in any way connected with: the risks listed herein or attendance at or participation in the Event, including without limitation use of any event facility, venue or premise (including, without limitation, the Venue), or travel to and from the Event, howsoever caused; negligence, whether passive or active, of the Released Parties; any breach by the Released Parties of statutory duty; any failure of another attendee of the Event to conform to these rules; personal injury or property damage of any nature whatsoever, whether arising in contract or in tort, resulting from your attendance at the Event; any errors, mistakes, inaccuracies or omissions in any content; and/or any lost, stolen or damaged tickets, or failure of Management, or event staff, employees, representatives, contractors, or security to honor your ticket. Attendee understands that you hereby agree to waive all Claims you may have against the Released Parties and agree that neither you, nor your estate, heirs, assigns, beneficiaries, spouse or partner, family members, nor anyone else acting on your behalf, will make a Claim against the Released Parties for any injury, damage, death, or other loss you may suffer. In no event will the Released Parties be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, exemplary, incidental, special, punitive or consequential damages or lost profits, revenues or business opportunities, or other damages of any type, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with the Event or any product or service purchased at the Event, even if the Released Parties have been advised of the possibility of such damages, and regardless of whether the Claim is based upon any contract, tort, or other legal or equitable theory.
5. This Release includes, but is not limited to: third party Claims, Claims for personal injury or wrongful death (including Claims related to emergency, medical, drug, and/or health issues, response, assessment, or treatment), loss of consortium, breach of contract, or any other Claim, including Claims resulting from the negligence of Released Parties, whether passive or active, related to the Event.
6. Attendee’s sole and exclusive remedy for dissatisfaction with the event is to leave the Event. The limitations in this section will apply even if any limited remedy fails its essential purpose. The allocation of risk between us is an essential element of the basis of the bargain between us. Some jurisdictions do not allow the exclusion or limitation of damages, so these may not apply to you. In such cases, the Released Parties’ liability will be limited to the fullest extent permitted by applicable law. In no event will attorneys’ fees be awarded or recoverable by you.