THE NIGHT OWL PODCAST

ticket purchase waiver of liability

By my purchase of a ticket to an Enigmatic Pictures LLC DBA The Night Owl Podcast event (“Event”) and by my attendance at such Event, I understand, acknowledge, and agree to the following:

  1. In consideration for receiving permission to participate in the Event, I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ENIGMATIC PICTURES, LLC DBA THE NIGHT OWL PODCAST, THEIR OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES (“RELEASEES”) FROM OR FOR ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, PHYSICAL OR PSYCHOLOGICAL DAMAGE OR INJURY, INCLUDING DEATH THAT MAY BE SUSTAINED BY ME, OR ANY OF THE PROPERTY BELONGING TO ME, whether caused by the negligence or gross negligence of the Releasees or otherwise, while participating in the Event, or while in, on, or upon the premises where the activity is being conducted. 
     

  2. I am fully aware of the risks involved and hazards connected with this Event. I acknowledge that my safety is primarily dependent upon my taking proper care of myself. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be physically and/or psychologically hazardous to me and/or my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, physical, psychological, or otherwise, including death, that may be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such Event, whether caused by the negligence or gross negligence of Releasees or otherwise. 
     

  3. I acknowledge that events like this Event, held on the premises such as those where the Event is to be held, are not recommended and may not be safe for persons with certain medical or psychological conditions. It is my responsibility to consult with a physician prior to my participation in the Event. I affirm that I alone am responsible for deciding whether to participate in the Event. 
     

  4. I choose to voluntarily participate in the Event, knowing that participation may be hazardous to me or my property. I shall do so at my own risk and hold Releasees harmless from any and all loss, claim, injury, damage, liability, or cost, including court costs and attorney fees, that they may incur due to my participation in the Event, whether caused by negligence or gross negligence of Releasees or otherwise. 
     

  5. I acknowledge that by my participation in the Event, I am giving Releasees permission to capture my likeness in any medium and to use any and all photographs, videos, and recordings of me at the event in any manner, through any platform, anywhere in the world, for any purpose without further consent or approval.
     

  6. In the event of an emergency, I authorize the Releasees to secure from any licensed hospital, physician, or medical personnel any treatment deemed necessary for my immediate care. I agree that I will be responsible for payment of any and all medical services rendered.
     

  7. It is my express intent that this Waiver of Liability shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue the above mentioned Releasees. I hereby further agree that this Waiver of Liability shall be construed in accordance with the laws of the State of Texas.
     

  8. In signing this release, I acknowledge and represent that: 

    1. I have read the foregoing Waiver of Liability, that I understand it, and that I choose to attend the Event voluntarily as my own free act and deed; 

    2. If I have purchased a ticket to this Event on behalf of a group of people, I have ensured that each attendee has read the foregoing Waiver of Liability, that each attendee understands it, and that each attendee has chosen to attend the Event voluntarily as his or her own free act and deed;

    3. no oral representation, statements, or inducements, apart from the foregoing written agreement have been made; 

    4. this Waiver of Liability is intended to be as broad and inclusive as permitted under Texas laws so that if any portion is held invalid, the remaining terms shall continue in full force and legal effect.

    5. I am at least eighteen (18) years of age, and/or am the parent of legal guardian of the individual participating in the Event, am fully competent and I execute this Waiver of Liability for full, adequate and complete consideration fully intending to be bound by same.
       

If the attendee is a minor, the parent/guardian acknowledges and agrees to the above terms on behalf of the minor by the parent’s/guardian’s purchase of the minor’s ticket and by allowing the minor to attend the Event.

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© 2020 by The Night Owl Podcast.