Current Disclaimer
DAVE MATTHEWS BAND CARAVAN VOLUNTEER AGREEMENT AND RELEASE OF CLAIMS
By CLICKING THE SUBMIT BUTTON BELOW, YOU (the “Volunteer”) executes this Release of Claims (the “Agreement”) effective as of the date submitted and electronically submitted by the Volunteer.
RECITALS
A.Starr Hill Presents – Chicago, LLC, a Virginia limited liability company (“Starr Hill”) is producing the 2011 Dave Matthews Band Caravan Festival (the “Festival”) scheduled for June 24-26th, 2011 in Atlantic City, NJ. In this Agreement “Released Parties” means Starr Hill Presents – Chicago, LLC, and its respective officers, directors, employees, agents, trustees, shareholders, members, agents, contractors, representatives, sponsors volunteers, successors, and assigns. Starr Hill sought volunteers to work at the Festival and received applications to be volunteers. Volunteers receive several benefits, including passes to the Festival.
B.The Volunteer wishes to volunteer at the Festival and is aware of the potential dangers involved in large crowds. Starr Hill will not allow anyone to be a volunteer at the Festival unless that person has agreed to release the Released Parties from all liability for the Volunteer’s activities.
For and in consideration of the right to be a volunteer at the Festival, the Volunteer agrees as follows:
1.In consideration for being permitted to work at the Festival, and through such work (i) learn more about the music industry and (ii) receive free access to the Festival (which Volunteer hereby acknowledges as adequate consideration by Starr Hill), the Volunteer releases the Released Parties from any legal liabilities resulting from the Volunteer’s participation at the Festival, unless the liability is due to Starr Hill’s gross negligence or willful misconduct. (By SUMBITTING BELOW you show that you agree.)
2.The Volunteer, in attending and working at the Festival, is doing so at the Volunteer’s own risk. The Volunteer assumes full responsibility for any injuries or damages that may occur to the Volunteer in, on, or about the Festival and its premises and fully and forever releases and discharges the Released Parties from any and all claims, demands, damages, rights of action, or causes of action, resulting from or arising out of the Volunteer’s attending and working at the Festival. (By SUMBITTING BELOW you show that you agree.).
3.The Volunteer represents and warrants the following to Starr Hill:
(a)The Volunteer has voluntarily applied to work at the Festival. The Volunteer has read this Agreement and understands the terms of this Agreement.
(b)The Volunteer is at least 18 years of age. The Volunteer is in good health and has no physical defects that might harm him/her in working at the Festival.
(c)In executing this Agreement, the Volunteer relied wholly upon his or her own judgment, belief, and knowledge of the Festival and potential for injury.
(d)The Volunteer acknowledges that he or she is not covered nor eligible for any insurance coverage provided by the Released Parties, including, but not limited to, medical, property and liability insurance, and workers compensation benefits. (By SUMBITTING BELOW you show that you agree.)
4.This release extends and applies to all unknown, unforeseen, unanticipated, and unsuspected injuries, damages, loss, and liability, and the consequences of them, as well as those disclosed or known to exist. The Volunteer expressly waives all provisions of any state, federal, local, or territorial law or statute, providing in substance that releases will not extend to claims, demands, injuries, or damages that are unknown or unsuspected to exist at the time to the person executing the release. (By SUMBITTING BELOW you show that you agree.)
5.The Volunteer represents that he/she will: (i) obey all state and federal regulations; (ii) repair or pay for any property damage caused by the Volunteer; and (iii) abide by the Volunteer rules as communicated by Starr Hill (By SUMBITTING BELOW you show that you agree.)
6. Any credentials (such as a daily staff wristband) that the Volunteer receives as part of the volunteer program are Starr Hill’s property and can be revoked at any time. The Volunteer is responsible for the safe-keeping and security of the credentials and will not misuse such credential. Credentials are to be used only by the Volunteer to whom they were issued, and the Volunteer may not transfer or sell the credentials. The Volunteer’s participation in the Festival may be terminated at any time.(By SUMBITTING BELOW you show that you agree.)
7.This Agreement is legally binding upon the Volunteer and his/her heirs, estate, assigns, legal guardians, and personal representatives. (By SUMBITTING BELOW you show that you agree.)
8.BY ENTERING INTO THIS AGREEMENT, STARR HILL AND THE VOLUNTEER EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS THEY HAVE UNDER LAW TO A TRIAL BEFORE A JURY, AND AGREE TO MANDATORY BINDING ARBITRATION OF ALL DISPUTES OR CLAIMS ARISING OUT OF THIS AGREEMENT. (By SUMBITTING BELOW you show that you agree.)
9.The Volunteer, while working at the Festival, may have access to and become acquainted with proprietary or confidential information consisting of, without limitation, (i) revenue and income amounts, (ii) operational details and other information related to the Festival or any part there of, (iii) any private information about the artists performing at the Festival. The confidentiality of all such items is vital to Starr Hill and the Volunteer acknowledges that any publication or use by a third party of these confidential items or any other items which are the exclusive property of Starr Hill or the artist (who are express third party beneficiaries of this agreement), excepting those items that Starr Hill has made public, will cause irreparable harm to Starr Hill and that, accordingly, the Volunteer agrees that it will maintain the utmost confidentiality of the information, and in the event of the Volunteer’s breach or attempted breach, Starr Hill is expressly given the right to injunctive or other equitable relief without the necessity of posting bond or other security or proving actual damages for any such breach or attempted breach of confidentiality in addition to any other legal or equitable remedies that may be available to Starr Hill. Further, Volunteer agrees that all copyrightable works created by the Volunteer, including, with out limitation, any work that includes confidential information, or any image (picture, video or recording) of an artist of any kind, shall, to the extent permitted by law be “work made for hire” and, as between the Volunteer and Starr Hill, Starr Hill is deemed the sole author of all such works and such works are the sole property of Starr Hill. If it is determined by a court of competent jurisdiction that such works are not a “work made for hire”, then to the full extent of the Volunteer’s rights in the work, the Volunteer hereby irrevocably assigns all such rights therein (including, without limitation, all copyrights and renewals and extensions thereof) to Starr Hill.
THIS IS A RELEASE OF LIABILITY. DO NOT ELECTRONICALLY SIGN OR SUBMIT THIS RELEASE IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS. (By SUMBITTING BELOW you show that you agree.)
If any provision of this Agreement is for any reason held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other provision of this Agreement, and this Agreement will be construed as if such invalid or unenforceable provision were omitted.
By CLICKING THE SUBMIT BUTTON BELOW, The VOLUNTEER assigns his/her electronic signature, and the Volunteer agrees to and accept this Agreement.