All Ticket Holders acknowledge that by purchasing or by being provided tickets for Beer by the Bay "BBB", they have fully read this agreement, executed this agreement voluntarily, and that this agreement is to be binding upon all Ticket Holders, all members of Ticket Holder’s party attending BBB, and all Ticket Holder’s heirs, executors, administrators and representatives.

BBB Organizer: Islander Ladies Club

 

BBB Ticket Holder expressly agrees to the following terms and conditions:

• Each Ticket Holder and attendee must be 21+ in age. NO ONE under the age of 21, including children in strollers or carriers accompanying an adult, will be admitted to BBB. No exceptions.

• There are NO refunds on tickets for any reason. All sales are final.

• Each beverage sample is limited to a two (2) ounce pour.

• BBB organizers have no responsibility (financial or otherwise) for event cancellation, interruption or inconvenience due to inclement weather or other circumstances beyond their control. Ticket Holder is not eligible for any refund due to postponements or cancellation on account of such circumstances.

• Any container, purse, bag or other property in Ticket Holder’s possession is subject to inspection by BBB security while entering the event, during event or during department from event.

• Ticket Holder expressly grants BBB organizers the non-exclusive, irrevocable, transferrable, perpetual right and license to publish, print, display, record and use (by photograph, film, video, audio or any other method or device) Ticket Holder’s name, voice, image, and likeness while at BBB, and to use such recordings for any purpose and in any medium now know or hereafter devised. Ticket Holder releases BBB organizers from liability for any such uses, including claims for infringement of any privacy, publicity, or other rights and other claims of any kind.

• BBB will be contained within certain physical boundaries that will be clearly marked on the day of the festival (“the Grounds”). Ticket Holder is not permitted to consume any alcohol of any kind obtained at BBB outside of the Grounds. Ticket Holder is not permitted to bring any food or drink onto the Grounds.

• BBB and their representatives and agents reserve the right to remove Ticket Holder from the Grounds for conduct that they, in their sole discretion, deem inappropriate. Such conduct that may cause Ticket Holder to be removed from the festival includes, but is not limited to, offensive language, aggressive behavior, drunkenness, or the refusal to cooperate with BBB or their representative or agents in efforts to assure the safety and enjoyment of the other guests of BBB.

• BBB and its representatives and agents have the right to monitor and limit Ticket Holder's alcohol consumption; however, TICKET HOLDER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISK OF INJURY OR LOSS THAT MAY RESULT FROM CONSUMPTION OF ALCOHOL AT BBB.

• Ticket Holder agrees to arrange for transportation from the event and will not drive under the influence.

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DISCLAIMER AND INDEMNIFICATION

In return for Islander Ladies Club allowing Ticket Holder to voluntarily participate in Beer by the Bay (BBB), each Ticket Holder agrees:

1. TO ASSUME AND ACCEPT ALL RISK arising out of, associated with or related to Ticket Holder’s participation in BBB, even though such risks may have been caused by the negligence of the Islander Ladies Club, Beer by the Bay, any participating vendor and/or the Coronado Ferry Landing;

2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Ticket Holder might sustain participating in BBB, even though such injury, wrongful death, loss or damage may have been caused by the negligence of the Islander Ladies Club, Beer by the Bay, any participating vendor and/or the Coronado Ferry Landing;

3. TO HOLD HARMLESS AND INDEMNIFY the Islander Ladies Club, Beer by the Bay, any participating vendor and/or the Coronado Ferry Landing from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from Ticket Holder’s participation in BBB; and

4. TO INDEMNIFY AND HOLD HARMLESS Beer by the Bay, its organizers, directors, officers, employees, volunteers, members, charity and representatives from any and all claims, demands, actions, and costs which might arise out of Ticket Holder’s participation in the BBB, even though such claims, demands, actions, and costs may have been caused by the negligence of the Islander Ladies Club, Beer by the Bay, any participating vendor and/or the Coronado Ferry Landing

 

DESCRIPTION OF RISKS

In consideration of Ticket Holder’s voluntary participation in BBB and all activities related to the event, Ticket Holder acknowledges awareness of the possible RISKS, DANGERS AND HAZARDS associated with BBB, including but not limited to the following:

1. Intoxication and/or alcohol poisoning from the alcohol that Ticket Holder consumes whether voluntarily or through coercion;

2. The possibility of any type of bodily injury (broken bones, soft tissue damage, dental damages) from falling down, being knocked down or being involved in a physical confrontation whether caused by Ticket Holder or someone else;

3. The risks associated with returning to Ticket Holder’s residence or traveling to any destination after BBB, especially the risks of operating a motor vehicle after consuming alcohol.

In the event a court of competent jurisdiction shall hold any provision of this Agreement to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement is the product of negotiations between the Islander Ladies Club, Beer by the Bay and the voluntary participants (Ticket Holders). Ticket Holders hereto acknowledge that they have participated in the negotiation of this Agreement. Furthermore, this Agreement shall not be construed against either Party by reason of such Party having been or having been deemed to have structured, dictated, or drafted this Agreement. Ticket Holders acknowledge that their purchase of BBB tickets represents their voluntary act and evidences their agreement to the terms described herein, each intending to be bound by same.

 

APPLICABLE LAW JURISDICTION

This Agreement shall be construed and enforced under the laws of the State of California. Any legal action arising out of this Agreement shall be brought in the competent courts of San Diego County, California.