Waiver

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT

By signing this Waiver & Release of Liability (“Agreement”), the undersigned participant (“Participant”) acknowledges and agrees to the following terms in connection with participation in any event, tournament, activity, promotion, competition, or gathering organized, hosted, sponsored, or affiliated with Tipsy Kornhole (“Company”).
By signing this Agreement, Participant acknowledges, understands, and voluntarily agrees to the following:

1. VOLUNTARY PARTICIPATION

Participant acknowledges that participation in any Tipsy Kornhole event, tournament, contest, promotion, social gathering, or related activity involving cornhole, alcohol consumption, and competitive gameplay (collectively, the “Activities”) is entirely voluntary.

Participant further acknowledges that the Activities may involve the voluntary consumption of alcoholic beverages, physical exertion, coordination-based activities, travel, interaction with third parties, and other foreseeable and unforeseeable risks that may result in property damage, bodily injury, illness, impairment, emotional distress, permanent disability, or death.

2. ASSUMPTION OF RISK

Participant knowingly and voluntarily assumes all risks, known or unknown, foreseeable or unforeseeable, arising out of or relating in any way to participation in the Activities, including but not limited to:

1. Alcohol-related incidents or impairment;

2. Slips, falls, collisions, or physical injuries;

3. Negligence of other participants, spectators, vendors, or third parties;

4. Transportation to or from any event;

5. Unsafe conditions of premises or equipment;

6. Personal decisions made before, during, or after participation;

7. Any injury, damage, loss, or liability occurring before, during, or after the Activities.

Participant affirms that they are participating at their own risk and are solely responsible for their own conduct, decisions, safety, and wellbeing.

3. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by applicable law, Participant hereby irrevocably releases, waives, discharges, and covenants not to sue the Released Parties from any and all claims, demands, causes of action, liabilities, damages, losses, costs, expenses, or attorney’s fees of any kind whatsoever, whether known or unknown, suspected or unsuspected, arising out of or related to Participant’s involvement in the Activities.

This release specifically includes, without limitation, any claims arising from:

1. Personal injury;

2. Property damage;

3. Wrongful death;

4. Alcohol consumption or intoxication;

5. Negligence of the Released Parties;

6. Premises liability;

7. Actions occurring before, during, or after participation in the Activities.

Participant understands and agrees that this waiver is intended to be as broad and inclusive as permitted by law.

4. INDEMNIFICATION

Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

1. Participant’s conduct or participation in the Activities;

2. Any breach of this Agreement;

3. Any claim brought by a third party arising from Participant’s actions.

5. MEDICAL FITNESS AND RESPONSIBILITY

Participant represents and warrants that they are at least twenty-one (21) years of age and legally permitted to consume alcohol in the jurisdiction where the Activities take place.

Participant further represents that they are physically and mentally capable of safely participating in the Activities and assume full responsibility for monitoring their own alcohol consumption, transportation arrangements, and personal wellbeing.

Participant acknowledges that Tipsy Kornhole does not provide medical insurance, health coverage, or transportation services.

6. NO RESPONSIBILITY FOR PERSONAL PROPERTY

Participant understands and agrees that the Released Parties shall not be responsible or liable for any lost, stolen, or damaged personal property belonging to Participant.

7. PHOTO, VIDEO, AND MEDIA RELEASE

Participant grants Tipsy Kornhole the unrestricted right to photograph, record, film, or otherwise capture Participant’s likeness, voice, name, image, and participation during the Activities for promotional, advertising, marketing, social media, and commercial purposes without compensation or further approval.

8. GOVERNING LAW AND SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. ACKNOWLEDGMENT OF UNDERSTANDING

Participant acknowledges that they have carefully read this Agreement, fully understand its contents, and understand that by signing below they are waiving substantial legal rights, including the right to sue.

Participant further acknowledges that they are signing this Agreement freely, voluntarily, and without inducement or coercion.

Participant additionally acknowledges that they have read, understood, and voluntarily agreed to the separate Tipsy Kornhole Challenge Terms & Agreement, including any promotional challenge, social media wager, giveaway, or prize-related terms associated with participation in the Activities. Participant understands that the Challenge Terms & Agreement constitutes a separate legally binding agreement governing any promotional wagers, prizes, social media obligations, or challenge-related participation connected to Tipsy Kornhole events or competitions.

FOR PARTICIPANTS UNDER INTOXICATION RISK NOTICE

DO NOT DRIVE UNDER THE INFLUENCE OF ALCOHOL!
Participant assumes full responsibility for arranging safe transportation before leaving any Tipsy Kornhole event or activity.