WAIVER AND RELEASE

 

1. I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, am aware that Caraboom is an interactive simulated car wash performance which may include the interaction of Caraboom performers with my or our vehicle, the touching of my or our vehicle by Caraboom performers, the attachment of soft contraptions to my or our vehicle, the attempted cleaning of my or our vehicle by the performers’ interaction with my or our vehicle, and the splashing of foam or water on persons or vehicles in attendance.

2. In consideration for receiving permission to participate in Caraboom and by agreeing to this Waiver and Release (“Waiver”), I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, hereby release, waive, discharge and covenant not to sue Caraboom LLC, NT ID Inc, John S. and James L. Knight Foundation, Live Arts Miami, Miami Light Project Inc., Miami Dade College, Circ X Inc., Banana Phone LLC , Sammich Family Investments LLC, GreenGear Supply Company Inc., their officers, agents, servants, or employees (hereinafter referred to as Releasees) from or for any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, that may be sustained by me or us, or any of the property belonging to me or us, including but not limited to the vehicle in which I enter Caraboom, whether caused by the negligence of the Releasees or otherwise, while participating in such activity, or while in, on, or upon the premises where the activity is being conducted.

3. I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, am aware of the risks involved and hazards connected with participating in Caraboom including but not limited to those mentioned herein.   I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to us and/or our property including but not limited to my or our vehicle. I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, voluntarily assume full responsibility for any risk of loss, property damage or personal injury that may be sustained by me or us, or any loss or damage of property owned by me or us, as a result of being engaged in such activity, whether caused by the negligence of Releasees or otherwise.

4. I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, further agree to indemnify and hold harmless the Releasees from any loss, liability, damage or costs, including court costs and attorneys’ fees, that they may incur due to my or our participation in said activity, whether caused by the negligence of Releasees or otherwise.

5. I understand and acknowledge that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Caraboom LLC (the “Producers”) have put in place preventative measures to reduce the spread of COVID-19; however, the Producers and Releasees cannot guarantee that you or anyone will not become infected with COVID-19. Further, attending could increase your risk of contracting COVID-19. 

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By purchasing this ticket, I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that we may be exposed to or infected by COVID-19 by attending Caraboom and that such exposure or infection may result in personal injury, illness, permanent disability, and death.  I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom understand that the risk of becoming exposed to or infected by COVID-19 at Caraboom may result from the actions, omissions, or negligence of myself and others, including, but not limited to, artists, production and theater employees, volunteers, and program participants and their families. 

 

I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to ourselves (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my associates may experience or incur in connection with my attendance at Caraboom or participation in Caraboom programming (“Claims”). I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, hereby release, covenant not to sue, discharge, and hold harmless the Producers, the Releasees, their  employees, agents, artists and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Producers, Releasees, artists, and their employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in Caraboom.

 

I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom certify that we are physically able to participate in Caraboom and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional. I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom certify that we have not knowingly been in contact with Covid-19 and we are not sick or exhibiting any symptoms of Covid-19 which include fever, headache, chills, diarrhea, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, loss of taste or smell and general malaise. I understand that I am responsible for any allergies or medical conditions that I may have and I will bring the requisite medications for such conditions. I agree to comply with any and all rules, regulations, terms and conditions of Caraboom, including but not limited to those set forth in this Waiver.

 

1. PLEASE BE AWARE THAT BY PURCHASING A TICKET TO THIS EVENT, YOU AND ALL PERSONS ENTERING CARABOOM WITH YOU OR FOR WHOM YOU HAVE PURCHASED TICKETS TO CARABOOM CONSENT TO YOUR OR THEIR VOICE, NAME, AND/OR LIKENESS BEING USED, WITHOUT COMPENSATION, IN PHOTOGRAPHS, FILMS AND VIDEOTAPES FOR EXPLOITATION IN ANY AND ALL MEDIA (COLLECTIVELY REFERRED TO AS “RECORDINGS"), WHETHER NOW KNOWN OR HEREAFTER DEVISED, FOR ETERNITY.

   1.  explicitly waive any rights I may have under the Family Educational Rights and Privacy Act (“FERPA”) and/or § 1002.22, Fla. Stat., or any other right to privacy as it relates to these Recordings. 

2. It is my or our express intent that this Waiver shall bind the members of my or our family and spouse, if I or we are alive, and my or our heirs, assigns and personal representative, if I am or we are deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue the above mentioned Releasees.

3. In signing this Waiver, I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, acknowledge and represent that I have read the foregoing Waiver, understand it and agree to it voluntarily as my own free act and deed; no oral representation, statements, or inducements, apart from the foregoing written agreement have been made; I am at least eighteen (18) years of age, and/or am the parent or legal guardian of the individual participating in the event, am fully competent and I execute this Waiver for full, adequate and complete consideration fully intending to be bound by same. 

4. I, on behalf of myself and all persons entering Caraboom with me or for whom I have purchased tickets to Caraboom, agree that that this Waiver shall be construed in accordance with the laws of the State of Florida and that any dispute concerning, relating or referring to this Waiver and my or our entry and participation in Caraboom hereby further agree shall be resolved exclusively by a court of competent jurisdiction in Miami-Dade County, Florida. 

5. BY AGREEING TO THESE TERMS AND CONDITIONS, BOTH PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

6. Please note that this Waiver will apply to all members of your party before they are allowed to enter the event and to any users of the tickets purchased by you.

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I have read this Waiver and Release Form, understood its contents, and agreed to it of my own free will.