SAN CLEMENTE OKTOBERFEST - DISCLAIMER, TERMS AND CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

All Ticket Holders acknowledge that by purchasing or by being provided tickets for San Clemente Oktoberfest, they have fully read this agreement, executed this agreement voluntarily, and that this agreement is to be binding upon all Ticket Holders, all members of Ticket Holder's party attending San Clemente Oktoberfest, and all Ticket Holder's heirs, executors, administrators and representatives of the “San Clemente Oktoberfest Organizers" including but not limited to: Fringe Enterprises LLC, San Clemente Junior Women's Club, and the City of San Clemente. San Clemente Oktoberfest Ticket Holder expressly agrees to the following terms and conditions:

1. Each Ticket Holder and attendee that will be drinking alcoholic beverages at the event must be 21+ in age. NO ONE under the age of 21 will be allowed to consume alcohol. If you are caught consuming alcohol as a minor, you will be cited and escorted out of the event and will not be allowed re-admittance. No exceptions.

2. There are NO refunds on tickets for any reason. All sales are final.

3. It is understood that some beer/wine selections may run out before the end of the event.

4. San Clemente Oktoberfest organizers have no responsibility (financial or otherwise) for event cancellation, interruption on inconvenience due to inclement weather or other circumstances beyond their control. Ticket Holder is not eligible for any refund due to postponements or cancellation on account of such circumstances.

5. Any container, purse, bag or other property in Ticket Holder's possession is subject to inspection by San Clemente Oktoberfest security while entering event, during event or during departure from event.

6. Ticket Holder expressly grants San Clemente Oktoberfest organizers the non-exclusive, irrevocable, transferable, perpetual right and license to publish, print, display, record and use (by photograph, film, video, audio or any other method or device) Ticket Holder's name, voice, image and likeness while at San Clemente Oktoberfest, and to use such recordings for any purpose and in any medium now known or hereafter devised. Ticket Holder releases San Clemente Oktoberfest Organizers from liability for any such uses, including claims for infringement of any privacy, publicity or other rights and other claims of any kind.

7. San Clemente Oktoberfest organizers encourage responsible consumption of alcoholic beverages at San Clemente Oktoberfest. If Ticket Holder has any reason to suspect that his/her driving ability may be impaired or will be unsafe, Ticket Holder agrees to arrange for alternate transportation.

DISCLAIMER AND INDEMNIFICATION

In return for San Clemente Oktoberfest Organizers allowing Ticket Holder to voluntarily participate in the San Clemente Oktoberfest, each Ticket Holder agrees:

1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to Ticket Holder's participating in San Clemente Oktoberfest, even though such risks may have been caused by the negligence of the “San Clemente Oktoberfest Organizers".

2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Ticket Holder might sustain participating in San Clemente Oktoberfest, even though such injury, wrongful death, loss or damage may have been caused by the negligence of the “San Clemente Oktoberfest Organizers".

3. TO HOLD HARMLESS AND INDEMNIFY “San Clemente Oktoberfest Organizers" from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from Ticket Holder's participation in San Clemente Oktoberfest.

4. TO INDEMNIFY AND HOLD HARMLESS the “San Clemente Oktoberfest Organizers", associates, directors, officers, employees, volunteers, members, charity and representatives from any and all claims, demands, actions and costs which might arise out of Ticket Holder's participating in San Clemente Oktoberfest, even though such claims, demands, actions and costs may have been caused by the negligence of the “San Clemente Oktoberfest Organizers".

DESCRIPTION OF RISKS

In consideration of Ticket Holder's voluntary participation in San Clemente Oktoberfest and all activities related to the event, Ticket Holder acknowledges awareness of the possible RISKS, DANGERS AND HAZARDS associated with San Clemente Oktoberfest, including the possible risk of severe or fatal injury to Ticket Holder or others. These risks include but are not limited to the following:

a) Intoxication and/or alcohol poisoning from the alcohol that Ticket Holder consumes whether voluntarily or through coercion

b) The possibility of any type of bodily injury (broken bones, soft tissue damage, dental damages) from falling down, being knocked down or being involved in a physical confrontation whether caused by Ticket Holder or someone else

c) The risks associated with returning to Ticket Holder's residence or traveling to any destination after San Clemente Oktoberfest, especially the risks of operating a motor vehicle after consuming alcohol.

In the event a court of competent jurisdiction shall hold any provision of this Agreement to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement is the product of negotiations between the “San Clemente Oktoberfest Organizers" and the voluntary participants (Ticket Holders). Ticket Holders hereto acknowledge that they have participated in the negotiation of this Agreement. Furthermore, this Agreement shall not be construed against either Party by reason of such Party having been or having been deemed to have structured, dictated, or drafted this Agreement. The Parties to this Agreement acknowledge that each of the Parties have been given an opportunity to review this Agreement with counsel and that their purchase of San Clemente Oktoberfest tickets represents their voluntary act and evidences their agreement to the terms described herein, each intending to be bound by same.

Conservatory of Performing Arts - Orange County