Tampa Luxe Luxury Transportation & Event Release Form

TAMPA LUXE PARTY BUS AND EVENT RELEASE FORM

I, and my guests, desire to engage and participate in the Tampa Luxe Party Bus or Sprinter to Tampa Luxe Vehicle / Vessels / Events / Activations operated by Tampa Luxe, LLC (“Tampa Luxe”), Gauge Social Inc, and TMO Solutions, and their members, managers, affiliates, subsidiaries, shareholders, directors, officers, agents, representatives, contractors, consultants, and employees (hereinafter collectively referred to as “Releasees”), and therefore agree to enter this Release in consideration of being permitted to participate in the event. In this Release, the words “I,” “Me,” “My,” and “Myself” mean the person who reads this Release. “Guests” mean anyone that enters the booked
Tampa Luxe vehicle during the booked times in this reservation – regardless of early entry or late departure of the booked hours, it is still considered as part of the same booking and same rules apply. I acknowledge and agree as follows for Myself, My personal representatives, heirs, guests, and next of kin:

Representations: I HEREBY REPRESENT AND WARRANT THAT I AND MY GUESTS:
a. Acknowledge as a participant, I am at least 21 years of age or older,
b. Have been provided with and will follow all of the rules and regulations with respect to participating in the event;
c. Acknowledge that Releasees make no representation or warranty of any kind or nature concerning the condition or maintenance of the equipment or materials provided for my use which are used to facilitate the event; and
d. Agree to fully comply with and abide by all laws (Federal, state, and local) and all rules and regulations that apply to the event, or otherwise, in which I participate.

Assumption of Risk: I AND MY GUESTS HEREBY ACKNOWLEDGE that I and my guests voluntarily chose to participate and accept the event at My own risk, and I and my guests voluntarily assume the risk and danger of injury that may be associated with participating in the event as well as for my and my guests’ actions while under the influence of alcohol;

Waiver and Covenant Not to Sue: I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Releasees from any and all claims or demands therefore on account of injury to Me, my guests, My or my guests’ property or resulting in My or my guests’ death, whether caused by the active or passive negligence of the Releasees or otherwise, while I or my guests am participating in the event provided or facilitated by Releasees;

Indemnification: I AND MY GUESTS HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from any and all loss, liability damage, or costs, including attorneys fees as a result of any claims, demands, actions, causes of action, damages, or judgments, that Releasees may incur arising out of, claimed on account of, or in any manner predicated upon My or my guests’ participation in any Participation Activity, including any and all loss or damage to property, personal or otherwise, personal injury or death of any person which occurs as a result of My or my guests’ participation in the event, even where the loss, damage, personal injury or death is caused or contributed to by the Releasees, whether or not caused by Releasees active or passive negligence or otherwise;

Negligence: I AND MY GUESTS HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to the active or passive negligence of Releasees or otherwise while I or my guests are participating in the event provided or facilitated by Releasees;

Property Damage: I AND MY GUESTS HEREBY ASSUME FULL RESPONSIBILITY FOR My own and my guests’ property, whether personal or otherwise. I and my guests hereby release the Releasees from any and all liability in connection with loss, damage, or destruction however minor or major, to any and all of My personal property, whether secured or unsecured;

Photo Release: I AND MY GUESTS HEREBY CONSENT TO AND AUTHORIZE Releasees to record My and my guests’ likeness and voice either by video, audio, digital, photographic, electronic or other medium now known or later discovered and to use, reproduce, and distribute said recordings in any format in perpetuity;

Term: I AND MY GUESTS ACKNOWLEDGE that the terms and conditions set forth above, including My and my guests’ ASSUMPTION OF RISK, COVENANT NOT TO SUE, WAIVER AND RELEASE OF LIABILITY, AGREEMENT TO INDEMNIFY, AND AGREEMENT TO HOLD HARMLESS shall continue in full force and effect at all times and shall not expire nor require renewal and shall survive any cancellation, termination or expiration of, and supersedes to the extent different from, any other agreements I have with Releasees;

Fees: In connection with any attempt to recover losses incurred on such claims or demands or connection with the enforcement of this Agreement, I agree to pay Releasees such attorney’s fees, reasonable costs and/or expenses for which expenditure is made or liability incurred by any Releasee;

Severability: If any part of this Agreement is found to be unenforceable by a court of competent jurisdiction, such decision shall NOT affect the validity of the remaining portion(s) and such remaining portion(s) shall remain in full force and effect as if this agreement had been executed with the invalid portion therefore eliminated;

Governance: This Agreement is made and construed according to the current laws of the State of Florida; and is governed accordingly;
Headings: The headings used in this waiver are inserted for convenience of reference only and shall not in any way affect the meaning or interpretation of this waiver.

I HEREBY ACKNOWLEDGE THAT I HAVE READ, FULLY UNDERSTAND, AND AGREE WITH EACH AND EVERY PROVISION SET FORTH ABOVE AND THAT I AM EXECUTING THIS WAIVER AND RELEASE OF LIABILITY, INDEMNITY AGREEMENT AND ASSUMPTION OF RISK ON MY OWN FREE ACT, AND WITH KNOWLEDGE OF MY GUESTS.

I FURTHER ACKNOWLEDGE THAT I AND MY GUESTS ARE VOLUNTARILY PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND THAT MY ATTENDANCE INCLUDES THE POSSIBILITY OF EXPOSURE TO AND ILLNESS FROM THE DISEASE, INCLUDING BUT NOT LIMITED TO COVID-19.

I HAVE READ THIS AGREEMENT AND INTENTIONALLY WAIVE CERTAIN LEGAL RIGHTS AND UNDERSTAND THE RELEASE OF CLAIMS AGAINST THE RELEASEES. 

I HAVE EXPLAINED THE RELEASE TO MY GUESTS, AND THEY AGREE AND UNDERSTAND, HENCE MY REPRESENTATION OF MY GUESTS IN THIS RELEASE.

I UNDERSTAND AND I ASSUME ALL INHERENT RISKS ASSOCIATED WITH THE EVENT BOTH FOR MYSLEF AND MY GUESTS.

BY REGISTERING AND PARTICIPATING IN THE TAMPA LUXE PARTY BUS EVENT, I AM PROVIDING MY ACCEPTANCE AND ACCEPTANCE FOR MY GUESTS OF ALL OF THE ABOVE PROVISIONS.