COVID-19 Release and Waiver of Liability Agreement
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
THIS COVID-19 RELEASE AND WAIVER OF LIABILITY AGREEMENT (THIS “AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to purchase a ticket (the “Ticket”) to an event (an “NYLFF Event”) presented by New York Latino Film Festival (“NYLFF”), and/or enter and remain at each theater owned, operated, or under the control of NYLFF and its affiliates (each, an “NYLFF Venue”), each Holder (as defined in this Agreement) hereby irrevocably agrees to the terms of this Agreement.
A ticket to an NYLFF Event (a “Ticket”) is a revocable license that grants one-time entry into the NYLFF Venue where the NYLFF Event is being held and to a seat for the NYLFF Event. By purchasing a Ticket or entering an NYLFF Venue, each Holder agrees to be bound to all terms and conditions applicable to the ticket or the NYLFF Venue, including without limitation the COVID-19 Terms and Conditions, and each Holder further acknowledges and agrees to the terms set forth in this Agreement.
For the purposes of this Agreement, “Holder” means each of (a) any individual who purchases a Ticket, (b) a holder of a Ticket entering an NYLFF Venue, seeking admission to an NYLFF Venue, or spends any time in or on the premises of an NYLFF Venue; (c) a holder of a Ticket who, for any reason, does not enter an NYLFF Venue; (d) any individual to whom a Ticket is transferred by the original purchaser; and/or (e) any individual to whom a Ticket is issued (regardless of whether such transfer is made for consideration).
For the purposes of this Agreement, “Related Persons” of a Holder any individual attending an NYLFF Event with such Holder, as well as such Holder’s heirs, assigns, administrators, and executors. Each Holder represents and warrants that the Holder has been authorized by each and every one of the relevant Related Persons to act on such Related Person’s behalf with respect to the representations, waivers, and releases set forth in this Agreement.
- ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS
Each Holder fully understands that COVID-19 is a highly contagious disease that can lead to severe illness and/or death, and that there is an inherent and unavoidable danger and risk of exposure to COVID-19 in any place where individuals gather; (b) no health or safety procedures, precautions and/or protocols may will be implemented by NYLFF; the venue where the NYLFF Event is being held; federal, state and local governments; or any other third party (collectively, the “COVID Protocols”), can eliminate the presence of, or the risk of exposure to, COVID-19. Each Holder further fully understands that the risk of severe illness or death resulting from contracting COVID-19 increases with age and in the presence of preexisitng conditions such as, for example, diabetes, obesity, or a compromised immune system.
- WAIVER OF LIABILITY
EACH HOLDER, ON BEHALF OF ITSELF AND EACH OF ITS RELATED PERSONS, KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, REGARDLESS OF HOW CAUSED, RELATED TO ENTRY A PURCHASE OF A TICKET AND/OR ENTRY INTO AN NYLFF VENUE. HOLDER ACKNOWLEDGES AND AGREES THAT SUCH RISKS MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COVID-19 AND OTHER COMMUNICABLE DISEASES, VIRUSES, OR BACTERIA WHICH MAY CAUSE SICKNESS, DEATH, PERSONAL INJURY, DISABILITY, AND WHICH RISKS MAY OCCUR AS A RESULT OF THE ACTION OR INACTION OF HOLDER, HOLDER’S RELATED PERSONS, THE RELEASED PARTIES OR ANY OF THEM, OR ANY THIRD PARTY. HOLDER FURTHER ASSUMES, ON ITS OWN BEHALF AND ON BEHALF OF ITS RELATED PERSONS, SOLE AND COMPLETE RESPONSIBILITY FOR ANY CLAIMS AND POTENTIAL CLAIMS RELATING TO OR ARISING FROM THE RISKS DESCRIBED IN THIS AGREEMENT.
EACH HOLDER, ON BEHALF OF ITSELF AND ITS RELATED PERSONS, KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES (AS DEFINED IN THIS AGREEMENT) WITH RESPECT TO ANY AND ALL CLAIMS, DEMANDS, DAMAGES, OR CAUSES OF ACTION, WHETHER AT LAW OR IN EQUITY, THAT SUCH HOLDER OR ANY OF SUCH HOLDER’S RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE), AGAINST ONE OR MORE OF THE RELEASED PARTIES, THAT ARISE FROM OR OUT OF, OR RELATE IN ANY WAY TO ANY OF THE RISKS DESCRIBED IN THIS AGREEMENT (COLLECTIVELY, THE “CLAIMS”). THE FOREGOING APPLIES REGARDLESS OF WHETHER ANY OF THE CLAIMS WERE CAUSED BY ANY ACTION OR INACTION OF ANY RELEASED PARTY OR OTHERWISE.
FOR THE PURPOSES OF THIS AGREEMENT, “RELEASED PARTIES” ARE DEFINED AS EACH OF NYLFF, THE EVENT PRODUCER, EVENT PARTICIPANTS, AND PERFORMERS, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OWNERS, VENDORS, CONTRACTORS, AND ASSIGNS.
Each Holder additionally agrees that any Claims made by such Holder, or by any of their Related Persons, against any of the Released Parties must be arbitrated on an individual basis only; each Holder further waives any right to litigate, arbitrate, or otherwise resolve any Claim as a class action, collective action, representative action or class arbitration against any one or more of the Released Parties.
Each Holder and their Related Persons agree to indemnify and defend the Released Parties against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from the purchase of a Ticket, presence at an NYLFF Venue or NYLFF Event, or otherwise from the Risks described in this Agreement.
- APPLICABLE LAW
Any legal or equitable claim that may arise with respect to this Agreement above shall be resolved under New York law. Each Holder and their Related Persons hereby irrevocably consent to the personal jurisdiction of the state and federal courts seated in New York.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- DISPUTE RESOLUTION
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
- GOVERNING LAW; JURISDICTION
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and any judgment may be entered upon it by any court having proper jurisdiction.