Please read the full document below.
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY TYPING YOUR NAME AND CLICKING "I AGREE," YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
This Waiver is entered into between the undersigned guest ("Participant") and Aztec 1926 LLC d/b/a IceBar ("Alamo IceBar"), and its owners, officers, employees, agents, contractors, and affiliated entities (collectively, "Released Parties"), in exchange for being permitted to enter and use the Alamo IceBar premises located at 200 River Walk Street, Suite 120, San Antonio, Texas 78205 (the "Venue").
1. ACKNOWLEDGMENT OF RISKS
PARTICIPANT ACKNOWLEDGES THAT THE VENUE IS MAINTAINED AT BELOW-FREEZING TEMPERATURES AND CONTAINS WALLS, BAR SURFACES, FURNITURE, GLASSWARE, AND ART SCULPTED FROM ICE. PARTICIPANT EXPRESSLY UNDERSTANDS AND ASSUMES ALL RISKS, KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, ARISING OUT OF OR RELATED TO ENTRY, INCLUDING WITHOUT LIMITATION: HYPOTHERMIA, FROSTBITE, COLD-INDUCED RESPIRATORY OR CARDIAC EVENTS, SLIPS AND FALLS ON ICE OR WET SURFACES, LACERATIONS FROM ICE OR BROKEN GLASSWARE, COLLISIONS WITH OTHER GUESTS, FALLING OR COLLAPSING ICE STRUCTURES, AGGRAVATION OF PRE-EXISTING MEDICAL CONDITIONS, INTOXICATION-RELATED INJURIES, PROPERTY DAMAGE, SERIOUS BODILY INJURY, AND DEATH.
2. RELEASE AND WAIVER OF LIABILITY
PARTICIPANT HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, SUSTAINED BY PARTICIPANT WHILE AT THE VENUE OR PARTICIPATING IN ANY ACTIVITY THEREIN, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED NEGLIGENCE OF THE RELEASED PARTIES OR ANY OF THEIR OFFICERS, AGENTS, OR EMPLOYEES.
3. INDEMNIFICATION
PARTICIPANT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LOSS, LIABILITY, DAMAGE, OR COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND LITIGATION EXPENSES, THEY MAY INCUR DUE TO PARTICIPANT'S PRESENCE AT THE VENUE, WHETHER CAUSED BY THE NEGLIGENCE OF PARTICIPANT, OF THE RELEASED PARTIES, OR OF ANY THIRD PARTY.
4. RESPONSIBILITY FOR DAMAGE TO VENUE PROPERTY
PARTICIPANT ACKNOWLEDGES THAT THE ICE FIXTURES, SCULPTURES, FURNITURE, AND GLASSWARE AT THE VENUE ARE FRAGILE AND IRREPLACEABLE. IF PARTICIPANT DAMAGES, DEFACES, OR DESTROYS VENUE PROPERTY THROUGH PARTICIPANT'S ACTS OR OMISSIONS, PARTICIPANT AGREES TO PAY THE FULL REPLACEMENT COST OF SUCH PROPERTY UPON DEMAND.
5. ALCOHOL ACKNOWLEDGMENT
Participant certifies that, if Participant consumes alcoholic beverages at the Venue, Participant is at least 21 years of age, will produce valid government-issued photo identification on request, and assumes full responsibility for Participant's own consumption and resulting conduct. Participant agrees not to hold the Released Parties liable for any injury, loss, or claim arising from Participant's voluntary intoxication, to the fullest extent permitted under the Texas Alcoholic Beverage Code and Texas Dram Shop Act (Tex. Alc. Bev. Code §2.02).
6. PHOTO AND MEDIA RELEASE
Participant grants the Released Parties the irrevocable right to photograph, record, broadcast, and otherwise use Participant's image, likeness, and voice captured at the Venue in any and all media, in perpetuity, without compensation. If Participant does not consent, Participant must notify staff in writing prior to entry.
7. MEDICAL ACKNOWLEDGMENT
Participant represents that Participant is not pregnant, does not have a heart condition, Raynaud's phenomenon, asthma triggered by cold air, uncontrolled high blood pressure, or any other medical condition that could be aggravated by prolonged cold exposure — OR, has consulted a physician and voluntarily accepts the risk of entering.
8. MINORS UNDER 18 (FAMILY HOURS — 11AM TO 5PM)
If Participant is bringing one or more guests under the age of 18 to the Venue, Participant represents that Participant is the parent or legal guardian of each such minor and is authorized to consent to the minor's participation. Participant acknowledges and assumes, on Participant's own behalf, all risks set forth in Section 1 as they relate to each accompanied minor, and agrees to supervise each minor at all times. Each accompanied minor must be listed by name and age on this form.
9. ELECTRONIC SIGNATURE CONSENT
Participant consents to conduct this transaction by electronic means under the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ch. 322). Participant agrees that typing Participant's full legal name and clicking "I AGREE" constitutes Participant's legally binding signature, equivalent to a handwritten signature.
10. SEVERABILITY, GOVERNING LAW, AND VENUE
This Waiver is governed by the laws of the State of Texas. Venue for any dispute lies exclusively in Bexar County, Texas. If any provision is held unenforceable, the remainder shall remain in full force and effect. This Waiver binds Participant's heirs, assigns, and personal representatives.