MAGIC OF LIGHTS VAIL
TERMS & CONDITIONS
|The following are the terms and conditions of admission to the Magic of Lights Vail experience. In consideration for the opportunity to attend Magic of Lights Vail, and by entering any premises associated with the experience (collectively, the “Premises”), each entrant agrees to such terms and conditions, which apply regardless of the form of any ticket or other invitation to the experience, or where or by whom such ticket or invitation is held, stored or displayed.
RULES, INSTRUCTIONS AND DIRECTIONS: The individual (“Attendee”) admitted to Magic of Lights Vail (“MOL”), and any minor(s) accompanying Attendee, must follow all rules and policies of MOL, and all posted and/or verbal directions and instructions of MOL staff, while present on the MOL premises. See magicoflightsvail.com for MOL policies. Failure to abide by MOL rules, policies, instructions and directions may result in removal from premises and revocation of any ticket or invitation without refund.
COVID-19 WARNING: COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. ATTENDEE ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING MINOR(S) AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH AND SAFETY POLICIES OF MOL.
MOUNTAIN AND EQUIPMENT WARNING: The Premises are located in a high alpine/mountainous area, in and around staged areas, and electrical lighting and equipment. Participation in MOL includes, without limitation, participating in physical activity in mountainous areas and terrain, in and around such staged areas, and electrical lighting and equipment, including exposure to uneven and varying surfaces, marked and unmarked obstacles, highly varied and rapidly changing weather and environmental conditions, and equipment risks and failures. By visiting the Premises, Attendee voluntarily assumes all risks related to the Premises and MOL, and staging and equipment related to MOL.
WAIVER AND RELEASE OF LIABILITY; INDEMNIFICATION: In exchange for admission the Premises or MOL, Attendee hereby forever and irrevocably releases and discharges Magic of Lights Vail, LLC (“MOL”); Fun Guys, LLC; VVF Events Holding Company, LLC; Vail Valley Foundation; The Betty Ford Alpine Gardens; the Gerald R. Ford Amphitheater; Gore Creek Concessions, LLC; Town of Vail; Colorado; Manor Vail Lodge; any individuals or entities associated in any capacity with MOL or any related activities (including, without limitation, staff, officials, volunteers, sponsors, advertisers, promotors, suppliers, vendors and contractors); the parents, subsidiaries and affiliates of each of the foregoing; other MOL attendees; and all of their respective owners, directors, officers, volunteers, employees, agents, contractors, representatives and insurers; and the successors and assigns of each of them (each a “Releasee” herein), to the fullest extent permitted by law, from any and all liabilities, claims, demands, losses, damages, injuries (including injury, illness or death), costs or expenses (including, without limitation, reasonable attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to Attendee’s (or any accompanying minor’s) attendance at the MOL Premises; attendance at, observation of and/or participation in any activity at the Premises; or any related activities; including, without limitation, Losses related in any manner to COVID-19 or the negligence of any Releasee. In further exchange for admission to the MOL Premises, Attendee (i) covenants not to sue (or assist any person in suing) any Releasee regarding any matter released above, and (ii) agrees to indemnify and hold harmless any and all Releasees from and against any and all Losses related to any of the foregoing, or any acts or omissions of Attendee (or any accompanying minor(s)).
PUBLICITY RELEASE: Activities associated with MOL may be photographed, filmed and/or recorded. By entering the Premises, Attendee hereby irrevocably grants to each of MLV and its designees and licensees the right to photograph, film, record or otherwise memorialize Attendee’s likeness and personal attributes in connection with MOL, and grants to each of them a perpetual, irrevocable, royalty-free, worldwide and transferable license to use, modify, display, perform and present same (or any portion thereof), in any manner and in any medium, and for any purpose, including without limitation, advertising, promotional, programmatic and other materials of MLV and its designees and licensees.
MINOR ATTENDEES: If Attendee is accompanied by any minor to the MOL premises, by allowing the minor(s) to accompany attendee, Attendee makes and agrees to all the foregoing assumptions, releases, indemnifications and agreements on behalf of such minor(s). If Attendee does not wish to or is not authorized to make such assumptions, releases, indemnifications and other agreements on behalf of the accompanied minor(s), Attendee should not allow the minor to enter the MOL premises.