EVENT AGREEMENT

This Event Agreement (“Agreement”) is entered into by and between you and The Gibler Brands, LLC (“Gibler Brands”) and governs your participation in a Gibler Brands-hosted event (“Event”). 

Please read this Agreement carefully before purchasing a ticket to the Event.  By purchasing a ticket to the Event, you accept and agree to be bound by the terms of this Agreement.  If you do not wish to be bound by the terms of this Agreement, please do not purchase a ticket to the Event.  

1.   Purchases.  In order to attend the Event, you must first purchase a ticket.  By providing Gibler Brands with your payment information, you are authorizing Gibler Brands to process your payment for your ticket purchase as well as any other fees or charges (i.e. taxes) which may be due in connection with your purchase.  
2.   Refund Policy.  Before purchasing your ticket, it is your responsibility to carefully review all aspects of the Event including but not limited to the Event date, time, location, and any Event restrictions.  Once purchased, all ticket sales are final and Gibler Brands will not issue any refunds or exchanges.  
3.   No Transfer.  Ticket purchases are personal to you and may not be transferred without the express written permission of Gibler Brands.  
4.   Media Content.  By participating in the Event, you are granting Gibler Brands unrestricted permission to use your name, image, likeness, and any statements recorded or photographed during the Event (“Media Content”) for any lawful purpose, whether commercial or non-commercial, as may be disclosed to you from time to time.  

5. Waiver.  By granting Gibler Brands rights in your Media Content, you agree to release, discharge, and hold harmless Gibler Brands and Gibler Brands’ affiliates, officers, directors, employees, agents, successors, and assigns from 

and against any and all claims, actions, and demands, including not limited to any claims of libel, slander, invasion of privacy, or infringement of copyright or publicity rights, arising out of or in connection with Gibler Brands’ use of your Media Content

6.   Disclaimer.  THE EVENT IS PROVIDED “AS IS'' WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIBLER BRANDS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN CONNECTION WITH EVENT INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY OTHER IMPLIED WARRANTIES ARISING BY OPERATION OR LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE.  
7.   Indemnification. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO  INDEMNIFY, DEFEND, AND HOLD HARMLESS GIBLER BRANDS AND GIBLER BRANDS’ AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES AND LOSSES ARISING OUT OF OR IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, LOSSES, ACTION OF PROCEEDING ARISING OUT OR RELATING TO THIS AGREEMENT OR YOUR PARTICIPATION IN THE EVENT. 

YOU UNDERSTAND AND AGREE THAT YOUR INDEMNIFICATION OBLIGATIONS APPLY EVEN IF SUCH THIRD PARTY-CLAIM CLAIM, ACTION, LIABILITY,  OR LOSS ARISES FROM THE GROSS NEGLIGENCE, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT OR WRONGDOING OF GIBLER BRANDS OR GIBLER BRANDS’ AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS.  

NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION THAT WOULD RENDER OR MAKE THIS SECTION, IN WHOLE OR IN 

PART, VOID OR UNENFORCEABLE UNDER APPLICABLE LAW.  

8.   Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIBLER BRANDS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE EVENT WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF GIBLER BRANDS HAS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.  

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL GIBLER BRANDS’ LIABILITY TO YOU EXCEED FIFTY UNITED STATES DOLLARS ($50.00) IN THE AGGREGATE, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  

9.   General Provisions. 

(a) Independent Contractors. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement creates any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party has authority to contract for or bind the other party in any manner whatsoever.

(b) No Third-Party Beneficiaries. Except for the right of an indemnified parties to enforce their indemnification rights hereunder, this Agreement solely benefits the parties and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 

(c) Amendment; Waiver. No amendment to this Agreement will be effective unless it is in writing and signed by both parties. No waiver by any party of any of the provisions hereof will be 

effective unless explicitly set forth in writing and signed by the waiving party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

(d) Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

(e) Governing Law. This Agreement, and all matters arising out of or relating to this Agreement, will be governed by, and construed in accordance with, the laws of the State of Texas, United States of America and the Parties irrevocably consent to the non-exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Austin, Texas for the purposes of adjudicating any action of proceeding to enforce the terms of this Agreement.  

(f) Entire Agreement. This Agreement constitutes the sole and entire agreement of Gibler Brands and you with respect to the Event and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.