The following terms apply to all events with tickets purchased from this website.
ATTENDEE HEALTH PROMISE
Attendee acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Attendee and/or any Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Attendee agrees that neither Attendee nor any Accompanying Party will attend the Market if within ten (10) days preceding the Market, they have:
(1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
(2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease;
OR
(3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Attendee, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease at the Venue. By purchasing this Attendee ticket, Attendee is acknowledging and confirming, both now and in the future, that Attendee understands and expressly assumes the risk that Attendee and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Attendee expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Attendee further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Attendee or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Attendee’s decision to vend at the Market that cannot be eliminated.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
ATTENDEE, ON BEHALF OF ATTENDEE, ANY ACCOMPANYING PARTY AND ATTENDEE’S AND ANY ACCOMPANYING PARTY’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON ATTENDEE’S OR ANY ACCOMPANYING PARTY’S BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE CAPTAIN’S VINTAGE OR THE VENUE HOSTING THIS EVENT, EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATED AND RELATED ENTITIES, ANY ENTITY WHICH, NOW OR IN THE FUTURE, CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH THE VENUE OR THE MANAGEMENT AND THE OWNERS, GENERAL AND LIMITED PARTNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF THE FOREGOING ENTITIES (COLLECTIVELY, THE “RELEASED PARTIES”) WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR ARE RELATED IN ANY WAY TO, (A) USE OF THIS ATTENDEE TICKET, (B) PRESENCE AT THE BUILDING OR (C) PARTICIPATION IN THE MARKET OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BUILDING, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY.
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of this agreement shall not be affected thereby and shall remain valid and fully enforceable.
HOLD HARMLESS:
Attendee agrees to Hold "The Captain's Vintage" and any venue hosting this event harmless from any and all claims, loss or damage to their personal property, liabilities and costs, including attorney’s fees, as a result of their participation in this Event, including travel to and from the Event (including air travel) or any events incidental to this Event.
POSTPONEMENTS AND REFUNDS:
If event is postponed or rescheduled for any reason, refunds will not be issued. This ticket will be valid for the rescheduled date. There will be no Refunds issued. If this ticket is not redeemed for the event purchased there will be no refunds or credits issued.