1. By purchasing tickets for and participating in the “Riverwest Pub Crawl” offered by the Kiwanis Club of Metropolitan Milwaukee Nights (the "Company"), and in consideration for my being allowed to participate in the Riverwest Pub Crawl, the receipt and sufficiency of which is hereby acknowledged, I am 21 or older, (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights ("Waiver") : 1. Release of Liability; Limitation of Damages. I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively "Released Entities"), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney's fees) for death, injury, loss or damage of property, (collectively "Claims") in any way arising out of my participation in the Riverwest Pub Crawl, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company's liability to me will be limited to actual damages arising from Released Entities' gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Riverwest Pub Crawl apart of the Kiwanis Club of Metropolitan Milwaukee Nights be greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Riverwest Pub Crawl is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof. 2. Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Riverwest Pub Crawl. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Riverwest Pub Crawl. 3. Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Riverwest Pub Crawl including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Riverwest Pub Crawl takes place in public venues under conditions largely beyond Company's control. 4. Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns. 5. Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Riverwest Pub Crawl. 6. Voluntary Participation. I understand and confirm that my participation in the Riverwest Pub Crawl provided by the Company is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Riverwest Pub Crawl. I acknowledge that by assisting to the Riverwest Pub Crawl, the Company is not responsible for the foods or beverages consumed on the Riverwest Pub Crawl. I understand that the Company acts solely as an agent in arranging pub crawl venue visits & other services and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any other company, organization or person engaged in conducting the pub crawl venue, rendering service, or carrying out arrangements for the Riverwest Pub Crawl or by the act of default of any restaurant or shop or its employees. 7. Governing Law and Venue. This Waiver shall be governed in all respects by the laws of Wisconsin State without regard to conflict of law principles. Venue shall be in Milwaukee County. 8. Consent to Medical Treatment. I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services. 9. Promotional Release. I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Riverwest Pub Crawl, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the "Material"). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the "Works'). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. 10. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly. 11. Alcohol consumption. All persons 21 and older are able to drink alcohol freely at their own risk and will be asked for photo identification in conjunction with Wisconsin State Laws. Persons who buy tickets to the Riverwest Pub Crawl and consume alcohol due so knowingly at their own discretion, risk and liability. Persons who buy tickets assume all risks associated with drinking, eating or anything else associated, in any possible way, with the Company and cannot hold the Company liable for any injury whatsoever. Persons who are negligent do so at their own risk and risk causing serious harm to themselves and others and the Company will not be responsible in any way because of participants awareness before hand, prior to purchasing tickets to go on the Riverwest Pub Crawl. Any rudeness, or misbehavior, causing harm to self or others, or any other act unbecoming of a polite well mannered person, will not be tolerated. Any person will be subject, at the discretion of Company members, to be removed from the Riverwest Pub Crawl without reimbursement and law enforcement may be contacted. All participants ASSUME THE RISK for their alcohol consumption and HOLD HARMLESS Kiwanis Club of Metropolitan Milwaukee Nights.
THIS IS A WAIVER AND RELEASE OF LIABILITY. By agreeing to participate in the Riverwest Pub Crawl, I HAVE READ this entire document. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY Agreeing to its provisions. By continuing to participate in the Riverwest Pub Crawl I am indicating my voluntary agreement to the provisions of this WAIVER AND RELEASE OF LIABILITY. Participation in the Riverwest Pub Crawl by a person who is not yet 21 years old indicates that they are unlawfully attending, and are subject to Wisconsin State and Milwaukee County Laws and assume the ramifications of such decisions of falsifying their age.