WHO WE ARE: For the purposes of this Agreement, the “Company” is The Swatch Group (U.S.) Inc., and includes the Company’s affiliates, parents, representatives, officers, managers, employees, owners, directors, agents, and its affiliates, contractors, affiliated companies or entities, successors, heirs, and assigns.
The Company is organizing and hosting Olympic and Paralympic Experience (the “Event”) July 27, 2024, through August 11, 2024, at Jungle Plaza, Miami Design District.
WHAT YOU AGREE TO: In consideration for being invited to the Event, I hereby agree to the following conditions:
I hereby grant to Company and their respective licensees, successors and assigns and to other such persons as Company may designate from time to time, (the “Licensed Parties”) the right and permission to: (a) interview, film, photograph, videotape and otherwise record me and to record my voice, conversations and sounds in and in connection with the Event (collectively the “Recordings”) and (b) use, publish and exhibit without restriction, limitation or further compensation to me the Recordings, including my name, likeness, image, appearance, and statements made or created in connection with the Event for any and all legal purposes whatsoever, including without limitation advertising, publicity and trade purposes, in perpetuity, in any and all media now known or hereafter developed throughout the world, without restriction as to frequency, in Company’s sole discretion
Assumption of Risk: I understand and agree for myself, and/or on behalf of my spouse, my domestic/civil union partner, minor child(ren)/ward(s) (the “Companions” and jointly referred to as “We” or “Our”) will be taking part in the Event offered by Company, and We do so voluntarily. I, on behalf of myself, and on behalf of my Companions, assume all risk involved with Our participation in the Event, including but not limited to all risk of physical injury, emotional injury, bodily injury, disability, or death that may result from participation in the Event, or any damage, loss, or theft of any personal property which may be incurred at the Event. We understand that the Event includes, activities such as the use of the facilities, equipment and activations on the premises. We understand that individuals with sensitivity or other nerve conditions sensitive to their surroundings such as light or sounds, or otherwise have a heard condition, or serious medical condition, are recommended to not partake in the Event. We understand that the use of interactive experiences, equipment related to the Event, experiences, and other recreational and sporting equipment and related activities have inherent risks, which include the risk of minor injuries, serious physical injury, emotional injury, bodily injury, disability, and death, or similar injuries to third parties caused by Our participation in the Event. I understand these risks and (if applicable) have explained them to my Companions.
Releases: To the fullest extent allowed by law, We expressly and voluntarily release and forever discharge and hold harmless Company, and Company’s affiliates, instructors, officers, directors, managers, agents, employees, designers, licensors, members, and suppliers, as well as the landlord property owner of the premises in which the Event takes place and other tenants of that premises
and the owners, suppliers, designers, manufacturers and installers of any equipment or furniture (collectively, including Company referred to as “Releasees”)from any and all liability, claims, demands, or causes of action whatsoever arising out of any damage, loss, physical injury, emotional injury, bodily injury, disability, or death to me or my Companions, arising out of or in relation to Our participation in the Event; including, without limitation, use of balls and interactive equipment, use of other recreational and sporting equipment, participation in other related activities, receiving instruction, strenuous bodily movement, and any other activities in and around the Event and on the premises. To the fullest extent allowed by law, this release is valid and effective whether the injury, damage, loss, disability or death is a result of any negligent act or omission on the part of any of the Releasees, any third parties on the premises or from any other cause. This waiver and release of liability includes, without limitation, injuries, or accidents, which may occur as a result of the: (i) use or misuse of the premises in any way by anyone, (ii) use or misuse of equipment at the Event, (iii) instruction or supervision, or (iv) slipping, tripping and/or falling while in the premises or on the surrounding premises, whether while engaged in the Event or otherwise.
Arbitration and Class Action Waiver: We further agree that any dispute, claim, or controversy arising out of or relating to this Agreement or any personal injury or death arising out of Our participation in the Event, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before one arbitrator. Any arbitration related to this Agreement shall take place solely within Miami-Dade, Florida . Judgment on the award may be entered in any court having jurisdiction. Company and I agree that any arbitration proceedings pursuant to this Agreement will be conducted on an individual basis only and that claims may only be brought in the party’s individual capacity and may not be brought as a class action or collective action, or on a representative basis, and may not be consolidated with other persons or entities. Accordingly, there shall be no right or authority for any claims to be brought, heard, or arbitrated as a class action, collective action, or representative action. The Parties understand and agree that the arbitration shall be instead of any civil litigation and that this means that they are waiving their respective rights to a jury trial as to all arbitrable claims.
To the extent such waiver is prohibited and either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action; and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
Governing Law and Venue. This Agreement shall be deemed made and entered into in the State of Florida and shall be governed and construed under and in accordance with the laws of the State of Florida. I acknowledge and agree that to the extent such Arbitration is prohibited, venue for any case or controversy related directly or indirectly to this Agreement shall be exclusively in the courts of competent jurisdiction in and for Miami- Dade County, Florida, the State of Florida.
Indemnification: I understand that the known and unknown risks may be caused in whole or in part by me or Companions own actions or inactions, the actions or inactions of others participating in the Event, or the acts, inaction or negligence of Company, and in consideration of being allowed, along with my Companions to participate in the Event, I hereby assume all responsibility and risk of damage, loss, personal injury, or death to myself, my Companions as a result of the participation in the Event in or about the facility or premises, including any such loss due to any negligence of Releasees and agree to indemnify and hold harmless Releasees from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Releasees as a result of any claims asserted by myself, my Companions.
Property Loss, Etc.: I hereby agree that I will be responsible for any damage, breakage, or theft of property as a result of any negligence on my behalf or of a minor who accompanies me at the Event and I agree to hold the Company harmless for any property loss caused due to my negligence at or in relation to the Event. The Company shall not be liable for any property loss, damage, breakage, or theft of property that I may bring to the Event.
Severability: I acknowledge that this Agreement is severable and that if any clause is found to be invalid, only the offending language will be struck out and the balance of the Agreement will remain in effect and will be enforceable.
Right to Refuse Entry: Entry will be based on capacity limitations and presentation of an e-mail confirmation to enter the Event. Accepting these terms and conditions does not guarantee entry into the Event at the scheduled time. An email confirmation may not be assigned.
Limitation of Liability: IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR COMPENSATORY DAMAGES. UNDER NO CIRCUMSTANCES SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE EVENT, IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, EXCEED $10 TO WHICH SUCH LIABILITY RELATES.
I have carefully read these terms and conditions in its entirety prior to registering for the Event. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
To request an accommodation or for questions about accessibility, please contact OmegaEvents@swatchgroup.com prior to arrival.
