Effective Date: February 16th, 2024

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1. Introduction

This Waiver is entered into as of February 16th, 2024, by and among the following parties: Austin NNN, LLC, South Austin EDF, LLC, James Stinson, Karthik Angamuthu, and South Austin Art Project, collectively referred to as the “Organizers,” in connection with the organization and conduct of the South Austin Mural Initiative (SAMi). This Waiver outlines the terms and conditions under which participants ("Participants") engage in SAMi, a unique and adventurous event combining art viewing with social activities in an urban setting.

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2. Voluntary Participation and Understanding of Event Nature
 

You voluntarily choose to participate in the South Austin Mural Initiative (SAMi), fully understanding that it's a unique, adventurous event. SAMi combines art viewing with a social bar-hopping experience in an urban setting, which might include interactions with the public, exposure to varying weather conditions, and navigation through diverse environments. You accept the responsibility to assess your personal risk tolerance and ensure your ability to safely participate in this dynamic event.

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3. Assumption of Specific Risks
 

By attending SAMi, you acknowledge and assume all risks associated with the event, which may include but are not limited to: potential injuries from moving in urban spaces, risks from consuming alcohol (if of legal drinking age and choosing to drink), possibilities of personal property damage or loss, and the unpredictability of crowded venues. This assumption of risk includes understanding the inherent risks of an urban environment and the responsibility for your own well-being amidst these conditions. In addition to the previously stated risks, you acknowledge your responsibility for maintaining safe and responsible behavior, especially in relation to alcohol consumption and social interactions during SAMi. You understand that engaging in risky or irresponsible behavior may lead to removal from the event and potential legal consequences.

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4. Transportation and Safety

By acknowledging this section, you confirm your understanding of and agreement to take full responsibility for your transportation choices during the SAMi event, ensuring a safe and enjoyable experience for yourself and others:
 

• Primary Responsibility for Transportation: You understand that as a SAMi attendee, navigating between multiple event venues is primarily your responsibility. The event involves movement across various urban locations, and you are expected to plan your transportation accordingly.

• Limited Availability of Pedicabs: While the event organizers may provide pedicabs, please note that their availability is not guaranteed. The use of pedicabs may be subject to certain limitations, including but not limited to their capacity, operating hours, and designated pick-up and drop-off locations.

• Alternative Transportation Options: In cases where sidewalks or pedestrian pathways do not connect venues are difficult or unsafe, we strongly advise against walking. For such routes — specifically from Armadillo Den to Moontowner Saloon to Luster Pearl - South, from The Hive to Stinson Yard, and from Pickle Pub to Stinson Expo — we recommend using rideshare services, public transportation, or a designated driver for your safety.

• Understanding and Mitigating Risks: You acknowledge the inherent risks of navigating urban environments, especially in an event like SAMi. These risks include, but are not limited to, road traffic, inadequate pedestrian infrastructure, and the potential hazards of night navigation.

• Personal Safety and Legal Compliance: You agree to take full responsibility for your transportation decisions and ensure your safety while traveling to, from, and between SAMi venues. This includes committing to not operating vehicles under the influence of alcohol and adhering to all local traffic laws and safety guidelines.

• Proactive Safety Measures: We encourage you to be proactive in your safety measures, especially when choosing to move between venues that are not easily accessible on foot. Opting for safer modes of transportation in these instances is crucial for your well-being and the overall safety of the event.


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5. Alcohol Consumption

You acknowledge that alcohol may be served at certain venues during the South Austin Mural Initiative (SAMi). If you choose to consume alcohol, you agree to do so responsibly and in accordance with Texas state laws. You affirm that you are of legal drinking age, which is 21 years or older in Texas, and understand that age verification may be required at venues. You accept full responsibility for any consequences related to your alcohol consumption, including but not limited to, personal health effects, behavioral changes, and legal issues. We employ stringent age verification methods at all venues to ensure compliance with Texas law. Your cooperation with these measures is required and appreciated. You also agree not to operate any form of transportation while under the influence of alcohol, understanding the risks to yourself and others, and the legal implications. Furthermore, you release the South Austin Arts Project, its partners, sponsors, and the venues from any liability related to incidents or accidents arising from or related to alcohol consumption during SAMi.

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6. Photography and Recording Consent

By participating in the South Austin Mural Initiative (SAMi), you understand and agree that photography, audio recording, and video recording may occur during the event. You hereby grant the South Austin Arts Project, its affiliates, and authorized media outlets the right to capture your likeness, voice, and any performances in photographs, audio recordings, and video recordings. This consent includes the use of your image, voice, and likeness for promotional, marketing, documentary, journalistic, or educational purposes, without any compensation to you. These materials may be used in various media formats, including but not limited to print, online, and video platforms. You acknowledge that you have no right to review or approve the materials before they are used by the organizers and waive any right to royalties or other compensation arising from or related to the use of these materials. You also understand that this consent is perpetual and cannot be revoked. However, you retain the right to request the cessation of the use of your image or voice in future materials where reasonably possible.

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7. Event Cancellation or Modification

You acknowledge that the South Austin Arts Project reserves the right to cancel, modify, or reschedule the SAMi event due to various reasons, including but not limited to safety concerns, severe weather conditions, public health issues, or other unforeseen circumstances, including Force Majeure events such as natural disasters, pandemics, acts of God, war, terrorism, or government restrictions. In the event of any such cancellation, modification, or rescheduling, your ticket purchase will be considered a non-refundable donation towards the fundraising efforts to pay and support artists. This policy reflects our commitment to compensating artists involved in the event, regardless of changes to the event’s schedule or format. We appreciate your understanding and support, which is crucial for the sustainability of the artistic community we serve. This combined approach ensures you are well-informed about potential event changes and the associated ticket refund policy.

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8. Release of Claims

You hereby release and forever discharge the South Austin Arts Project, its affiliates, partners, sponsors, volunteers, and any other entities associated with SAMi from any and all claims, demands, actions, and causes of action of every kind and nature, whether known or unknown, arising out of or in any way connected with your participation in SAMi. This release covers, but is not limited to, personal injury, illness, property damage, and any loss that you may suffer as a result of participating in the event, except those caused by willful misconduct or gross negligence of the released parties.

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9. Indemnification

You agree to indemnify, defend, and hold harmless the event organizers, partners, sponsors, volunteers, and other participants from and against any and all liabilities, claims, demands, losses, damages, costs, and expenses (including reasonable attorney's fees) that arise from your actions, omissions, or conduct during SAMi. This indemnification covers any claims made by third parties as a result of your behavior, including but not limited to injuries to others, damage to property, or violations of law or the event's code of conduct.

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10. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes or claims arising out of or in connection with this Agreement shall be exclusively resolved in the state or federal courts located in Travis County, Texas. The parties hereby consent to and waive any objection to the jurisdiction and venue of such courts.
 

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11. Emergency Medical Treatment Clause

In the event you suffer an injury or medical emergency during the South Austin Mural Initiative (SAMi), you hereby consent to receive medical treatment deemed necessary by event staff, emergency medical professionals, or other qualified individuals. You understand and agree that you are solely responsible for all costs associated with such medical care and treatment, including transportation to a medical facility if required. Furthermore, you release the South Austin Arts Project and its partners from any liability relating to the medical treatment received and the outcomes thereof. While not obligatory, you are encouraged to inform event staff of any pre-existing medical conditions that may be relevant in an emergency. This information will assist in providing appropriate care should a medical situation arise.

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12. Minors and Age Restrictions

Attendees under the age of 18 must be accompanied by a parent or legal guardian at all times during the event. Proof of age may be required for certain activities within SAMi, especially those involving the consumption of alcohol. Attendees must be 21 years or older to consume alcohol in compliance with Texas state laws. Parents or guardians are responsible for monitoring the activities and ensuring the safety of their minor attendees.

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13. Dispute Resolution

In the event of a dispute arising out of or related to your participation in SAMi, you agree to first attempt to resolve the issue through informal negotiation with the event organizers. If the dispute cannot be resolved informally, you agree to engage in mediation with a neutral third-party mediator. Should mediation fail to resolve the dispute, the matter will be resolved through binding arbitration in accordance with the rules of a mutually agreed upon arbitration institution. The decision of the arbitrator will be final and binding, and any award may be entered as a judgment in a court of competent jurisdiction

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14. Code of Conduct

By participating in SAMi, you agree to adhere to the event's code of conduct, which is designed to ensure a respectful, safe, and enjoyable experience for all participants. This includes but is not limited to respecting fellow attendees, staff, and the community, abstaining from disruptive or dangerous behavior, and complying with all local laws and event policies. Violation of the code of conduct may result in removal from the event without a refund and potential legal action, as applicable.
 

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15. COVID-19/Health-Related Acknowledgement

You acknowledge the ongoing risks associated with communicable diseases, notably COVID-19, and agree to adhere to all health and safety guidelines implemented by the event organizers. This includes but is not limited to wearing masks, practicing social distancing, and following sanitation protocols as directed. You understand that despite these measures, there is still a risk of contracting such diseases, and you agree to assume all responsibility for any health-related consequences

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16. Limitation of Liability

To the fullest extent permitted by law, you agree that the liability of the South Austin Arts Project, its affiliates, sponsors, artists, performers, partners, and venue operators in connection with SAMi is limited. This limitation includes any claims for personal injury, illness, death, property damage, or any other losses arising out of or in connection with your participation in the event, except in cases of gross negligence or willful misconduct by the aforementioned parties.

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17. Privacy Policy Acknowledgment

You acknowledge and agree that by participating in the South Austin Mural Initiative (SAMi), certain personal information, including but not limited to your name, contact details, and photographs or video footage taken during the event, may be collected and used by the South Austin Arts Project. This use is in accordance with SAMi's privacy policy, which outlines how this information will be handled, stored, and possibly shared. You understand your rights regarding your personal data, including the right to access, correct, or delete your information, subject to any legal or operational constraints. By participating in SAMi, you consent to the collection and use of your personal data in line with our privacy policy, available at www.southaustinartproject.com/privacy-policy. We encourage you to review this policy for a comprehensive understanding of how we handle your data.

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18. Compliance with Event Rules

By attending SAMi, you agree to strictly adhere to all event rules, guidelines, and instructions as provided by the event organizers or indicated in event materials. This compliance includes but is not limited to rules regarding safety, conduct, alcohol consumption, venue access, and interactions with artwork and other attendees. Failure to comply with these rules may result in your removal from the event without a refund and could lead to further legal action.

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19. Acknowledgment

By completing the purchase of your SAMi ticket, you affirm that you have thoroughly read, understood, and agree to all terms and conditions outlined in this waiver, including but not limited to clauses on liability, safety, alcohol consumption, and data privacy. You recognize that this agreement forms a binding contract between you and the South Austin Arts Project and Organizers et al., and you agree to comply with all provisions detailed herein.

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20. Contact Us

We understand you might have questions or need clarification regarding the SAMi Event Participation Waiver and Terms of Service. For questions or concerns about this Privacy Policy, please contact us at ari.newman@southaustinartproject.com.