TOUCH-A-TRUCK RELEASE & WAIVER OF LIABILITY AGREEMENT
This Touch-A-Truck Release and Waiver of Liability Agreement (“Agreement”) is a binding legal agreement between the ticket purchaser and each attendee for whom tickets are purchased (collectively, “Participant”) and Constructural Dynamics, Inc. (“Company”). By checking the acceptance box during the online checkout process, Participant agrees to this Agreement as a condition of purchasing tickets for or attending the Touch-A-Truck event held at Warwick Farm Brewing (the “Event”), located at 800 Almshouse Road, Jamison, Pennsylvania 18929 (the “Premises”). Participant understands that the Event may include without limitation, entering, exiting, approaching, viewing, touching, sitting in, climbing on, standing near, posing with, or otherwise interacting with concrete mixer trucks and other commercial vehicles, heavy equipment, tools, components, displays, demonstrations, attractions, walkways, parking areas, loading areas, and other portions of the Premises (collectively, the “Event”). For purposes of this Agreement, “Company” includes Constructural Dynamics, Inc.; The Silvi Foundation; Sil-Kemp Concrete, Inc.; Penn Jersey Certified Concrete, Inc.; Silvi Concrete of Chester County, LLC; Silvi Concrete of Brick, Inc.; Sil-Crete, Inc.; Sil-Con, Inc.; ALTA Industrial Properties, Inc.; Sahara Sand, Inc.; Eagles Lake Reserve, Inc.; Gibraltar Rock, Inc.; and each of their current and future parent companies, subsidiaries, affiliates, related entities, predecessors, successors, assigns, officers, directors, owners, managers, members, employees, volunteers, insurers, agents, and representatives. “Released Parties” includes the Company and Warwick Farm Brewing, LLC, together with each of their respective affiliates, owners, officers, directors, members, managers, employees, volunteers, contractors, insurers, agents, representatives, successors, and assigns.
Voluntary Attendance: Participant understands that attendance at and participation in the Event are purely voluntary. Participant is not required to attend or participate in the Event. Participant understands that the Event is intended as an interactive public display event involving commercial trucks and related equipment, and not as a driving, operating, or hands-on instruction program for attendees.
Assumption of Risk: Participant understands and acknowledges that entering the Premises and attending or participating in the Event involves inherent and other risks and the acts or omissions of other attendees, children, parents, staff, volunteers, contractors, vendors, or third parties, both known and unknown, which may result in bodily injury, serious injury, illness, emotional distress, property damage, disability, or death. Participant further understands that some vehicles and equipment on display are large, elevated, industrial, and not designed for unrestricted public access. Participant voluntarily and knowingly assumes all risks arising out of or related to the Event, to the fullest extent permitted by law.
Release of Liability: To the fullest extent permitted by applicable law, Participant, on behalf of himself or herself and his or her heirs, estate, personal representatives, successors, and assigns, knowingly and voluntarily waives, releases, acquits, and forever discharges the Released Parties from and against any and all claims, demands, causes of action, suits, liabilities, damages, losses, costs, and expenses of every kind, whether known or unknown, including attorneys’ fees and court costs, arising out of or relating in any way to Participant’s purchase of tickets for, entry onto the Premises for, presence at, attendance at, observation of, or participation in the Event, including claims for personal injury, illness, death, emotional distress, property damage, economic loss, and claims alleged to arise in whole or in part from the negligence of any Released Party.
Covenant Not to Sue: To the fullest extent permitted by law, each Participant agrees not to file, commence, maintain, or participate in any lawsuit, arbitration, administrative action, or other proceeding against any Released Party for any matter released by that Participant under this Agreement.
Minor Attendees; Parent or Guardian Representations: If the purchaser is obtaining a ticket for, bringing, accompanying, or supervising a minor attendee, the purchaser represents and warrants that he or she is the minor’s legal parent or legal guardian, or has actual authority from the minor’s legal guardian to complete the purchase and accept this Agreement with respect to the minor’s attendance at the Event. The parent or legal guardian acknowledges and agrees that (a) the minor’s attendance at and participation in the Event are voluntary; (b) the minor will be exposed to risks as described in this Agreement; (c) the parent or legal guardian is solely responsible for supervising the minor at all times; (d) the minor must follow all rules and all instructions given by Company personnel, volunteers, drivers, operators, contractors, venue personnel, and Event staff; (e) the Released Parties may deny or revoke the minor’s access to any vehicle, equipment, display, attraction, or area at any time for safety, operational, or other legitimate reasons.
Indemnification: To the fullest extent permitted by law, Participant agrees to defend, indemnify and hold harmless Company and the Released Parties (“Indemnified Parties”) from any and all claims, demands, suits, actions, liabilities, judgments, damages, losses, fines, penalties, costs, and expenses of any kind, including reasonable attorney’s fees (collectively, “Claims”), arising out of or in connection with (a) the Event; (b) any minor’s conduct at the Event; (c) the Participant’s or minors failure to follow posted rules, warnings, restrictions, or instructions; and/or (d) any breach of this Agreement or misrepresentation of authority. This indemnification obligation includes, but is not limited to, claims for personal injury, death, or property damage, even for, and if caused in whole or in part by any act, omission, negligence or strict liability of the Indemnified Parties.
Medical Treatment Release: If Participant or any minor under Participant’s supervision becomes injured, ill, or otherwise requires assistance during the Event, Participant authorizes Company and its designees to seek, obtain, or arrange emergency medical care, transportation, rescue, or other assistance deemed appropriate in their sole discretion. Participant understands that the Released Parties do not assume any duty to provide medical care, first aid, rescue services, supervision, or security, and that any action or inaction regarding medical assistance shall not create liability to the fullest extent permitted by law. Participant agrees to be solely responsible for all medical, transport, hospital, physician, medication, rehabilitation, and related costs incurred.
Responsibility of Personal Property: Participant acknowledges sole responsibility for any personal belongings brought to the Premises and waives any claim against the Company for loss or damage to personal property.
Rules & Safety Instructions: Participant agrees to follow all posted rules and all verbal instructions given by Company personnel, volunteers, vehicle operators, and Event staff. Participant understands that the Released Parties may deny or revoke access to any vehicle, equipment, or area of the Event at any time for safety or operational reasons.
Multimedia; Publicity: Participant grants to Company and its designees the unrestricted right to photograph, film, videotape, record, and otherwise capture Participant’s and any accompanying minor’s name, image, likeness, appearance, and voice in connection with the Event, and to use, reproduce, publish, display, distribute, edit, adapt, and otherwise exploit the same in any medium now known or later developed for promotional, marketing, fundraising, advertising, archival, documentary, social media, public relations, and other lawful business purposes, without compensation, notice, or further approval.
No Representations: Participant acknowledges and agrees that the Premises, Event areas, vehicles, equipment, displays, attractions, walkways, and all related property are accepted in their existing “AS IS,” “WHERE IS,” and “WITH ALL FAULTS” condition. To the fullest extent permitted by law, the Released Parties disclaim any representations or warranties, express or implied, regarding condition, safety, suitability, accessibility, merchantability, fitness for a particular purpose, or non-hazardous condition.
Governing Law & Venue: This Agreement is governed by the laws of Pennsylvania without regard to conflicts of laws principles. Any legal action arising of this Agreement must be filed exclusively in a court of competent jurisdiction located in Bucks County, Pennsylvania. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTICIPANT AND EACH PARENT OR LEGAL GUARDIAN AGREEING TO THIS AGREEMENT WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE EVENT.
Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter addressed herein and supersedes all prior or contemporaneous oral or written statements, discussions, negotiations, or understandings relating to that subject matter.
Severability; Survival: If any provision of this Agreement is held invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. If a court determines that any provision is overly broad, that provision shall be modified and enforced to the maximum extent permitted by law rather than declared entirely unenforceable, if such modification is allowed. All provisions that by their nature should survive the Event or completion of the ticket purchase shall survive, including without limitation the release, waiver, indemnification, venue, jury-waiver, and evidentiary-record provisions.
Electronic Signature; Records: Participant agrees that checking the acceptance box during the online checkout process constitutes Participant’s electronic signature and an intentional manifestation of assent to this Agreement. Participant agrees that electronically stored records of acceptance maintained by Company or its ticketing platform, including the accepted version of this Agreement, the purchaser’s name, the order number, the date and time stamp, and related transaction or session data, may be used as evidence of assent and shall have the same force and effect as an original handwritten signature.
BY CHECKING THE BOX AND COMPLETING THE TICKET PURCHASE, I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO REVIEW THIS AGREEMENT IN FULL, THAT I HAVE READ AND UNDERSTAND IT, AND THAT I AGREE TO IT FREELY AND VOLUNTARILY.
I UNDERSTAND THAT, FOR PARTICIPANTS, THIS AGREEMENT INCLUDES AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY, A COVENANT NOT TO SUE, A FORUM-SELECTION CLAUSE, AND A JURY-TRIAL WAIVER.
IF I AM PURCHASING TICKETS FOR OR ACCOMPANYING A MINOR, I REPRESENT THAT I AM THE MINOR’S PARENT OR LEGAL GUARDIAN OR AM OTHERWISE AUTHORIZED TO COMPLETE THE PURCHASE, AND I AGREE TO THE PARENT/GUARDIAN PROVISIONS OF THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
For Employees:
If I am an employee of the Company, I understand and agree that my participation in the Activity is purely voluntary, is not a required part of my job duties, and is not being performed in the course and scope of my employment. I further understand that injuries sustained during the Activity may not be covered by workers’ compensation insurance. I acknowledge that I have been given the opportunity to consult with my own advisor or legal counsel regarding this matter before agreeing to this Agreement.