We are excited about the March 25, 2017 Rally Health Fest, with Kevin Hart, in San Francisco, CA (the “Event”), and look forward to seeing you there. Before we can have fun – and learn to live more healthily – at the Event, we have some terms and conditions (the “Terms”) that we want to share with you. By registering for or attending the Event, you acknowledge and agree to these Terms on behalf of yourself and any minor children or guests who accompany you to the Event.
2. PUBLICITY RIGHTS: Rally will have photographers and/or videographers photographing and/or recording the Event. By attending, you consent to be photographed and filmed by Rally or its agents. You agree that all rights and ownership of these recordings and photographs shall reside exclusively with Rally, and you agree that Rally may reproduce and publish in perpetuity, in all media now known or hereafter discovered, including but not limited to the Internet, without notice, review or approval and without compensation, any recordings or photographs from the Event for any purpose, including promotion, advertising or commercial purposes. If requested by Rally or Kevin Hart, you shall provide any requested consents.
3. HEALTH FEST REWARDS: At the Event, You may have an opportunity to participate in certain Event activities specified by Sponsor. For each specified activity in which you participate, you are eligible to be awarded one (1) Rewards Sticker (“Sticker(s)”). You may then redeem your Stickers for rewards, which may include, but are not limited to, T-shirts, water bottles, fitness accessories, or similar items (collectively, “Rewards”) in the designated Rewards area at the Event, while supplies last. Rewards are chosen by Rally and may be changed, substituted for other Rewards, or eliminated in whole or in part, in Rally’s sole discretion and without notice to you. Stickers have no purpose or value, other than as the exclusive means of redeeming Rewards in the designated Rewards area at the Event. Stickers have no cash value, are non-negotiable, non-transferable, and cannot be redeemed either in whole or in part for cash. Stickers may only be redeemed for Rewards on the day of the Event, in person, at the designated Rewards area. If you think you might be unable to participate in an Event activity for which Stickers are offered, you might qualify for an opportunity to earn the same number of Stickers by different means; if so, please speak with a member of Sponsor’s staff at the Event.
4. ASSUMPTION OF RISK: By registering for or attending the Event, you and your minor children or guests will have the opportunity to participate in Event activities, including activities involving exercise or physical movement or exertion. You acknowledge and are fully aware that participation in the Event may involve physical activity, contact with unidentified persons, and inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. These may result from your own actions or inactions, as well as the actions or inactions of others, and the condition of the facilities and equipment. Further, there may be other risks not known and not reasonably foreseeable at this time. Attendance at the Event, and Participation in any Event activity, is strictly voluntarily. If you choose to attend or participate, you assume all risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for your attendance at the Event and participation in Event activities. Further, you represent that you have no knowledge or reason to know of any personal physical or mental limitation, condition or other restriction which would make any activities or participation inadvisable with respect to the Event, and specifically any injury or illness that you may suffer. You consent to treatment in the event of an emergency or other incident in which, in the judgment of the on-site personnel, you require medical care. You further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties (as defined below) from any costs or claims arising from such medical care.
5. RELEASE AND INDEMNIFICATION: By registering for or attending the Event, you, on behalf of yourself, and on behalf of your heirs, executors, and administrators, agree: (a) to be bound by these Terms and Conditions and by all applicable laws and decisions of Rally Health, which shall be binding and final; (b) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST SPONSOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AFFILIATES, AGENTS, CONTRACTORS, AND PARTNERS AND KEVIN HART AND HIS AGENTS, EMPLOYEES, CONTRACTORS, AND PARTNERS (COLLECTIVELY, “RELEASED PARTIES”) IN CONNECTION WITH THE EVENT OR ARISING OUT OF YOUR ATTENDANCE AT THE EVENT; AND (C) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEYS’ FEES) THAT MAY ARISE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR ATTENDANCE AT THE EVENT, YOUR PARTICIPATION IN ANY ACTIVITY AT THE EVENT, OR ANY OTHER COMPONENT THEREOF. BY PARTICIPATING IN THE EVENT YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ANY EVENT ATTENDEE OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE EVENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you in such jurisdictions.
6. Activities, Goods, and Services: By registering for or attending the Event, you may have access to participate in certain activities, or to obtain goods or services at no cost to you. You acknowledge and agree that space in such activities or services, and supplies of such goods, are limited. As a result, Event activities, goods, and services are available only while supplies last, and on a first-come, first-served basis.
7. Governing Law: You agree that any dispute arising out of or in connection with the Event shall be governed by the laws of the District of Columbia. By attending the Event, you consent to the exclusive jurisdiction and venue of the courts of the District of Columbia.
8. Entire Agreement, Severability, Headings, and Waiver: These Terms constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable as a matter of law, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You acknowledge that we have the right hereunder to seek, at your expense, an injunction to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms, shown in boldface type, are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.