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The Terms

Tickets (including media passes, official team jerseys distributed by The Florida Man Games staff, wristbands, or any other item that grants access) to The Florida Man Games (the “Games”) on February 24, 2024 at Franics Field in St. Augustine, Florida are revocable licenses only granting a one-time entry into the field for the Games (the “Event”).

A. The person seeking entry pursuant to such license, and any accompanying minors

(“Holder”), agrees that such license is subject to these terms (“Terms”) and by

purchase, acceptance and/or use of such license, Holder is deemed to have read

the Terms, understood them, and agreed to be bound by them.

a. Management has the right to modify these terms without notice to

Holder. The Holder has a duty to read and review these terms before

entering the field for the Event. www.thefloridamangames.com/terms

b. Failure to comply with the Terms, Field rules, any security measures, health

and safety policies/assessments, or any other rule or policy of Management,

shall result in forfeiture of the license and all rights arising under it without

refund and shall entitle the Games, the City of St. Augustine, and/or any

applicable third-party promoter (collectively, “Management”) to pursue

all legal remedies available.

c. ALL TICKET SALES ARE FINAL. NO REFUNDS FOR ANY REASON,

including but not limited to, if admission is refused or revoked, field capacity

limitations result in ticket cancellation, or the Event is canceled and not

rescheduled for any reason, or for any breach of the Terms. Admission may

be refused or revoked, and Holder may be ejected in Management’s sole

discretion.

d. HOLDER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS,

HAZARDS AND DANGERS incident to the Event and related events,

including the risk of personal injury (including death), exposure to

communicable diseases, viruses, bacteria or illnesses, or the causes thereof,

or lost, stolen or damaged property, whether occurring before, during, or after

the Event, however caused, and hereby waives all claims and potential claims

relating to such risks, hazards, and dangers.

 

B. The Event date and time (and gate opening) are subject to change at Management’s

sole discretion, and no such change shall entitle Holder to a refund or other remedy

at law or in equity if Holder cannot attend or for any other reason. In the event the

Holder has a selected seat, Holder may be relocated at Management’s sole

discretion, and no such relocation shall entitle Holder to a refund or other remedy if

Holder is relocated to a seat of comparable Face Value.

C. Management is not responsible for lost, stolen, destroyed, duplicated or counterfeit

tickets and may refuse to honor them. Tickets may not be used for, or in connection

with, any form of commercial purposes including, without limitation, advertising,

promotions, contests, sweepstakes, giveaways, gambling, or gaming, without the

express written consent of the Games. Use of tickets in violation of law is strictly

prohibited and will result in seizure, revocation and/or forfeiture of the license without

refund.

D. As the Holder, you agree, on behalf of yourself and on behalf of any other person for

whom you are obtaining this ticket, that you will not attend the Event if, under the

CDC’s guidelines in effect at the time of the Event, it is recommended that, as of the

date of the Event, you stay at home, quarantine and/or isolate (e.g., as a result of

your testing positive, developing symptoms, or having a direct exposure to someone

who has tested positive for COVID-19). For reference, the CDC’s current

recommendations are available here: https://www.cdc.gov/coronavirus/2019-

ncov/your-health/quarantineisolation.html. NOVEL CORONAVIRUS SARS-COV-2

AND ANY VARIATION THEREOF IS AN EXTREMELY CONTAGIOUS DISEASE

THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CDC ADVISES THAT

SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS

ARE ESPECIALLY VULNERABLE. AN INHERENT RISK OF EXPOSURE TO

COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. BY

ENTERING THE FIELD, HOLDER VOLUNTARILY ASSUMES ALL RISKS

RELATED TO EXPOSURE TO COVID-19.

E. Security Policy and Consent to Searches

a. Holder must comply with all Games and Event policies including without

limitation policies addressing security and fan conduct, health and safety, and

bags. Holder and Holder’s belongings may be searched and assessed.

Prohibited items may be confiscated and Holder’s admission may be denied

or revoked at Management’s sole discretion. An exception will be made for

medically necessary items after proper inspection at a designated gate.

b. Holder consents to such searches and assessments and waives all related

claims. If Holder does not consent, Holder acknowledges Management has

the right to deny or revoke Holder’s admission without refund. Management

reserves the right to deny or revoke the admission of any person who it

determines, in its sole discretion, poses a risk to the health or safety of

other attendees or whose conduct violates these Terms, any Event

policies, or is otherwise disorderly (or complicit therein) without refund.

 

F. Consent to Publicity and Games’ Privacy Policy

a. Holder acknowledges no expectation of privacy attending the Event.

b. Holder grants irrevocable permission to the Games, to license, use,

publish, distribute and/or modify Holder’s name, image, likeness, voice,

actions, and statements in any medium including, without limitation, audio,

video, or images of the Event for any commercial or non-commercial purpose

without further authorization or compensation, and waives all claims and

potential claims relating to such use unless prohibited by law.

 

G. Data

a. Any collection, use, and/or disclosure of Holder data in connection with

Holder’s use of the ticket license, attendance at the Event, or use of the

websites, mobile applications, and other online or offline services of the

Games, including without limitation use of the any Wi-Fi network, (the

“Services”), are subject to the Games’ Privacy Policy.

 

H. Copyright

a. Holder agrees not to use any recordings from event to create, transmit,

display, distribute, exploit, misappropriate or sell (or aid in such activity):

i. in any form, any description or account (whether text, data or visual)

of the Event or related events (collectively, “Descriptive Data”) for any

commercial or non-commercial purpose.

ii. any images, videos, audio or other form of display or public

performance or reproduction of any portion of the Event or related

events (“Works”) for any commercial or non-personal purpose; or

iii. livestreams of any portion of the Event or related events

(“Livestreams”).

 

b. Holder agrees that by admission into the Event, Holder shall be deemed to

have signed the ticket and granted an exclusive worldwide, irrevocable,

perpetual, sub-licensable, royalty-free full assignment without reservation, of

any Works, Livestreams, and Descriptive Data.

 

I. Trademarks

a. The following marks used as source indicators for Games’ products and

services are owned, controlled, and marketed exclusively by the Games: THE

FLORIDA MAN GAMES™, Logo, THE WILDEST COMPETITION

SPORTING EVENTS ON EARTH™, WEAPONIZED POOL NOODLE MUD

DUEL™, EVADING ARREST OBSTACLE COURSE™, CATEGORY 5 CASH

GRAB™, A CATALYTIC CONVERTER, 2 BIKES, AND A HANDFUL OF

COPPER PIPES RACE AGAINST TIME™, 911 FIGHT NIGHT BRAWL OF

THE BADGES™. Holder’s unlicensed use of these marks is strictly

prohibited.

b. All marks displayed or used as source indicators not owned by the Games

are lawfully displayed or used under non-exclusive revocable licenses by their

respective owners or authorized licensors and Management. Holder’s

unlicensed use of these marks is strictly prohibited.

J. RELEASE, WAIVER & COVENANT NOT TO SUE

a. HOLDER UNDERSTANDS THAT THEY ARE RELEASING AND WAIVING

CERTAIN POTENTIAL RIGHTS HELD BY HOLDER.

b. “Released Parties” means:

i. The Florida Man Games, LLC, City of St. Augustine, and each of

their respective direct and indirect affiliates, administrators,

designees, licensees, agents, owners, officers, directors, employees,

contractors (and their employees) and other personnel.

ii. The direct and indirect owners, lessees and sublessees of Francis

Field and related grounds (including, without limitation, parking areas

and entry gates) (“Field”).

iii. All third parties performing services at the Field.

iv. Any parents, subsidiaries, affiliated and related companies and

officers, directors, owners, members, managers, partners,

employers, employees, agents, contractors, subcontractors, insurers,

representatives, successors and/or assigns of each of the foregoing

entities and persons, whether past, present, or future and whether in

their institutional or personal capacities.

 

c. “Related Persons” means:

i. Holder’s heirs, assigns, executors, administrators, next of kin,

anyone attending the Event with Holder (which persons Holder

represents have authorized Holder to act on their behalf for purposes

of the release herein), and other persons acting or purporting to act

on Holder’s or their behalf.

 

d. On behalf of Holder and Holder’s Related Persons, Holder knowingly and

voluntarily releases and covenants not to sue each of the Released Parties

with respect to any and all claims that Holder or any of Holder’s “Related

Persons” may have or hereafter accrue, against any of the Released Parties,

that relate to any of the risks, hazards and dangers described herein,

including without limitation any and all claims that arise out of or relate in any

way to Holder’s entry into, or presence within or around, the Event (including

all risks related thereto, including without limitation in parking areas or entry

gates, or associated with locations near the Field) or compliance with any

rules, regulations, or protocols applicable to the Event, interaction with any

personnel of any of the Released Parties at the Event, or exposure to COVID-

19, in each case whether caused by any action, inaction or negligence of any

Released Party or otherwise.

K. Holder agrees to indemnify and hold harmless the Games, Management, the City of

St. Augustine, and any applicable third-party promoter and each of their respective

subsidiaries, affiliates, owners, members, managers, employees, directors, officers,

agents, and partners from and against all liabilities, claims, damages, losses, costs,

and expenses (including reasonable professional and/or attorneys’ fees and costs)

relating to or arising out of your use of the ticket.

L. THE HOLDER SHALL NOT BE ENTITLED TO ANY SPECIAL, CONSEQUENTIAL,

INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING,

WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR

THE TICKET.

a. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO

THE TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY,

CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN ST. JOHNS

COUNTY, FLORIDA REGARDLESS OF WHERE HOLDER RESIDES OR

FROM WHERE HOLDER PURCHASED THEIR TICKET.

b. HOLDER AND MANAGEMENT AGREE THAT ALL DISPUTES SHALL BE

ARBITRATED ON AN INDIVIDUAL BASIS.

 

M. HOLDER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THEY ARE

WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO

LITIGATE OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION,

REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT

CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE

STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

N. If any Term of this revocable license is determined to be invalid, illegal, or

unenforceable, it shall be deemed severed and not affect the enforceability of any

other provisions, which shall be enforced as if the revocable license did not contain

the invalid, illegal, or unenforceable provision.

O. No course of dealing and no delay on the part of Games in exercising any remedy

shall operate as a waiver thereof or otherwise prejudice its rights or remedies, and

no right, power or remedy conferred hereby shall be exclusive of any other right,

power or remedy referred to herein or now hereafter available at law, in equity, by

statute or otherwise, the parties having agreed that all remedies are cumulative.

P. The waiver of any breach of any covenant herein by Games shall not be construed

as a waiver of any subsequent breach of such covenant or any other covenant.

Q. All disputes arising from this Event not subject to mandatory, confidential, final, and

binding arbitration in St. Johns County, Florida, pursuant to these Terms, shall be

brought in the 7 th Judicial Circuit in and for St. Johns County, Florida, and/or the

Middle District of Florida, Jacksonville Division.

To see the complete set of Terms, visit the Florida Man Games at

www.thefloridamangames.com/terms.

R. PAYOUTS. Competitors who earn monetary prizes will be paid promptly in the exact amount of any and all winnings. Individuals should cash any checks within 30 days of receiving. Payouts are intended to be split evenly between all members of your team/group, however we retain no control or responsibility over how winnings are divided once payments are accepted/processed. The Florida Man Games LLC is not responsible for lost or stolen checks, however if check is lost or stolen in the mail, The Florida Man Games LLC will make efforts to void lost/stolen check and reissue. Accepting and/or processing payment signifies that you and your team/group have read, understood, and agreed to these Terms.

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