Agreement Between User and The 20th Annual Derby City Classic presented by Horseshoe Southern Indiana, Jan. 19 - 27, 2018
Release, Waiver Of Liability, Assumption Of Risk And Indemnity Agreement
In consideration of being permitted to participate in The Derby City Classic Billiards Tournament on January 20, 2017 through and including January 28, 2017 (the “Tournament”) being held by Caesars Riverboat Casino, LLC d/b/a Horseshoe Southern Indiana (the “Casino”) in the Casino’s convention center (the“Premises”), the undersigned, for himself, herself, their personal representatives, heirs and assigns acknowledge, agree, and represent the following to Casino:
- The undersigned does hereby acknowledge and agree that they have been advised that making any wagering on any aspect of the Tournament, (including but not limited to, games, shot outcomes, etc.) between participants is illegal. The undersigned agrees that while participating in the Tournament the undersigned shall not participate in any way in any illegal activity including but not limited to making illegal side bets and wagers on Tournament action. The undersigned acknowledges that they have received warnings against making illegal side bets or wagers by Casino and if they should participate in any way in any illegal activity, including, but not limited to, side bets and wagers, that the undersigned shall be held solely responsible for their actions and involvement in such activities and subject to any fines, penalties or other action brought against them by the Indiana Gaming Commission or other governmental body.
- The undersigned does hereby release, waive, discharge and covenants not to make any claim in any forum against Casino, their parents, affiliates, and subsidiaries and each of those entities’ respective officers, directors, agents, servants, employees, and insurers (collectively referred to as, the “Released Parties”) in connection with the Tournament. The release given herein shall include a release of the Released Parties from any and all liability in regards to any illegal activities the undersigned has been accused of participating in including but not limited to making illegal side bets during the Tournament.
- The undersigned acknowledges that they are not an employee of Casino and shall not be entitled to any Workers Compensation benefits.
- The undersigned agrees that this Release, Waiver of Liability, Assumption of Risk and Indemnity Agreement (this “Agreement”) extends to any and all acts of negligence of Released Parties, and their employees and is intended to be as broad and inclusive a release as is permitted by the laws of the State of Indiana. If any portion of this Agreement is held to be invalid, it is agreed that the remaining provisions, notwithstanding the invalid portion, shall continue in full force and effect.
- If any action should arise hereon, the prevailing party therein shall be entitled to recovery of reasonable attorney’s fees expended in the defense of any claim and costs of suit. Except for claims for which subject matter jurisdiction resides solely in United States District Court (in which event, all said disputes shall be resolved solely and exclusively in the United States Court for the Southern District of Indiana), the Third Judicial Circuit Court, Harrison County, State of Indiana shall have sole and exclusive subject matter jurisdiction over any action brought to interpret, judge, decide, rule upon and enforce in any manner provided by Indiana law any of the terms, covenants, conditions, representations or warranties contained herein, and the undersigned expressly consents to personal jurisdiction in Indiana for the purpose of resolving any dispute related to the making or interpretation of this Agreement.
I have read this Agreement and fully understand its terms, and understand that I have given up substantial rights by signing it, and have signed it freely and voluntarily without any representation, warranty, inducement, assurance or guarantee being made to me by the Released Parties, and intend by my signature to be a complete and unconditional release of liability. I understand that but for my representations, warranties and agreements contained herein, I would not be permitted to participate in the Tournament.
By entering and by your presence here, you consent to be photographed, filmed and/or otherwise recorded. Your entry constitutes your consent to such photography, filming and/or recording and to any use, in any and all media throughout the universe in perpetuity, of your appearance, voice and name for any purpose whatsoever in connection with the production presently entitled.
You understand that all photography, filming and/or recording will be done in reliance on this consent given by you by entering this area.
If you do not agree to the foregoing, please do not enter this area.
The 20th Annual Derby City Classic presented by Horseshoe Southern Indiana, Jan. 19 - 27, 2018 Web Site is comprised of various Web pages operated by The 20th Annual Derby City Classic presented by Horseshoe Southern Indiana, Jan. 19 - 27, 2018.
The 20th Annual Derby City Classic presented by Horseshoe Southern Indiana, Jan. 19 - 27, 2018 Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the The 20th Annual Derby City Classic presented by Horseshoe Southern Indiana, Jan. 19 - 27, 2018 Web Site constitutes your agreement to all such terms, conditions, and notices.