You consent to The Rooted Affair's journalistic and internal use of any media image, audio or visual taken by, on behalf of, or for the use of The Rooted Affair during your participation in the event.
Assumption of Risk
By purchasing an event ticket you have chosen to voluntarily participate with the full knowledge that the activity may be hazardous to your person or property, as well as the person and property of others. By participating in the event you are representing and warranting that you know of no medical, physical reason why you should not participate in the activities.
Release and Waiver
YOU ASSUME ALL RISK AND DANGER INCIDENTAL TO THE EVENT WHETHER OCCURRING PRIOR TO, DURING, OR AFTER SAID EVENT. EACH PARTICIPANT KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES AND RELINQUISHSH THE ROOTED AFFAIRS OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES (COLLECTIVELY “THE RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS, INJURIES (INCLUDING DEATH), PROPERTY LOSS OR DAMAGES INCLUDING LEGAL FEES, COSTS, AND EXPENSES OF ANY KIND OR NATURE WHICH ARISE FROM OR RELATE TO PARTICIPANT'S TIME AND ACTIVITIES AT THE EVENT AS A RESULT OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASEES.
Limitation of Liability
THE ROOTED AFFAIR SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless The Rooted Affair from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including, but not limited to, attorney’s fees arising from any loss, injury or other damage resulting from your negligence or act resulting in harm to another patron attending the event.
You agree to submit to the exclusive jurisdiction of any state or federal court located in NJ or at any venue located in the United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference. In the event that the dispute, claim or controversy is not resolved through negotiation all claims and disputes are to be settled by binding arbitration in the State of New Jersey or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees.