Burning Man 2018, PlayAlchemist & Theme Camps – Assumption of Risk, Participant, Release, and Confidentiality Agreement Terms and Conditions, Waiver, and Release Form (“Terms and Conditions”)
I certify that I am physically able to participate in the PlayAlchemist & Theme Camps and the Burning Man Event, and as member/guest of the PlayAlchemist & Theme Camps, and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.
I acknowledge and fully understand that as a participant in both the PlayAlchemist & Theme Camps and the Burning Man Event, I will be engaging in activities that involve risk of serious physical and/or emotional injury, including permanent disability, paralysis and death, or damage to myself, to property or to third parties, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the organizers of the PlayAlchemist & Theme Camps and/or the Burning Man Event, including, but not limited to, The PlayAlchemist, Christopher Krywulak, Krystal Ho, Black Rock City, LLC and any and all owners, officers, directors, employees, agents, representatives, volunteers, contractors or affiliates of these individuals and entities, (collectively, “Event Related Companies and Individuals”), and participants, volunteers and spectators;; (b) conditions of the premises or equipment used;; (c) rules and regulations regarding the activities;; (d) temperature;; (e) exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses, heat exhaustion), sunburn, dehydration, as well as exposure to extreme weather conditions, including, but not limited to, high and/or gale force winds, hurricane conditions, lightning storms, hail, dust storms and other acts of god;; (f) condition of participants;; (g) the widespread use by participants and by Event Related Companies and Individuals of fire, pyrotechnics, flame effects, explosions and other similar activities;; and (h) vehicular traffic and related incidents, including, but not limited to art cars, mutant vehicles, recreational vehicles, heavy duty mobile equipment, and general participant cars and trucks. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time.
I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, PARALYSIS OR DEATH, WHICH MAY OCCUR BY ATTENDING THE 2018 BURNING MAN EVENT AND AS A MEMBER/GUEST OF THE PLAYALCHEMIST & THEME CAMPS, AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD “EVENT RELATED COMPANIES AND INDIVIDUALS” HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF “EVENT RELATED COMPANIES AND INDIVIDUALS”, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
I understand that during the Burning Man Event, art installations, theme camps, vehicles (including but not limited to ‘mutant vehicles’ and ‘art cars’), events and performances will be held and/or on display and I understand that most of these activities are not owned or operated by “EVENT RELATED COMPANIES AND INDIVIDUALS”, and I
ASSUME ALL RISKS OF INJURY OR DEATH ARISING FROM THEIR OPERATION AND FROM PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN PARAGRAPH 2 APPLIES TO ANY INJURY I MIGHT SUSTAIN RELATING TO MY PARTICIPATION IN ANY OF THESE ACTIVITIES. I, on behalf of myself, my spouse, my children, my heirs, my parents, personal representatives, executors, administrators and assigns, hereby waive, release, indemnify, discharge, and agree not to sue “EVENT RELATED COMPANIES AND INDIVIDUALS”, its owners, officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, affiliates, and if applicable, owners and lessors of equipment, art installations and premises used to conduct the PlayAlchemist & Theme Camps and the Burning Man Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities and expenses which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in the PlayAlchemist & Theme Camps and the Burning Man Event, including any programs, events, art installations or activities at the Camps or Event, and including any injury or damage to my person or property, or to that of any other person or property. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in the PlayAlchemist & Theme Camps and the Burning Man Event, including in any program, event or activity at the Camps or Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against “EVENT RELATED COMPANIES AND INDIVIDUALS” on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND AGREE TO BE BOUND BY IT’S TERMS.
Confidentiality & Non-Disclosure
I acknowledge, fully understand and agree that as a participant in both the PlayAlchemist & Theme Camps, I will not disclose ANY of our camp proprietary information or interactions; our location, names of any participants, any contractors or any crew. I understand our activity within the Pyramid& Theme Camps is both proprietary and CONFIDENTIAL. I fully understand that Confidentiality and Non-Disclosure also pertains to any and all press, both interviews and writings, both pre and post event, as well as posts on social media outlets. I understand that ALL information is of a unique and valuable nature, and that ANY and ALL press, specifically pertaining to the PlayAlchemist & Theme Camps, is proprietary, and is UNAUTHORIZED, NOT ALLOWED, and deemed a violation of the PlayAlchemist & Theme Camps privacy, and is subject to further legal remedies.
*I DO UNDERSTAND THAT I’M ONLY AGREEING TO CONFIDENTIALITY AND NON-DISCLOSRE AS IT PERTAINS SPECIFICALLY TO THE PLAYALCHEMIST & THEME CAMPS. I UNDERSTAND THAT MY ACTIVITIES OR INTERACTIONS, **OUTSIDE** OF THE PLAYALCHEMIST & THEME CAMPS, MY ACTIVITIES AND INTERACTIONS AT THE BURNING MAN EVENT ITSELF, ARE ACCEPTABLE TO DISCLOSE HOWEVER I SO CHOOSE, THAT THE CONFIDENTIALITY AND NON-DISCLOSRE IS SPECIFIC TO INTERACTIONS AND PROPRIETARY INFORMATION OF THE PLAYALCHEMIST & THEME CAMPS ITSELF ONLY.
Terms and Conditions
Terms and Conditions, Waiver, and Release Form (“Terms and Conditions”)
In consideration of being allowed to participate in and attend the 2018 Burning Man event (the “Event” or the “Burning Man Event”), I agree to comply with any and all rules, regulations, terms, and conditions of the Burning Man Event, including but not limited to the following:
I certify that I am physically able to participate in the Burning Man Event and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional.
I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of the organizers of the Burning Man Event, e.,Black Rock City LLC and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “BRC”) and/or participants in the Event; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; (g) the widespread use by participants and by BRC of fire, pyrotechnics, flame effects, explosions, and other similar activities; and (h) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time.
I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE 2018 BURNING MAN EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD BRC HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF BRC, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
I understand that during the Burning Man Event, art installations, theme camps, vehicles (including but not limited to “mutant vehicles” and “art cars”), events, and performances will be held and/or on display, and I understand that most of these activities are not owned or operated by BRC. I ASSUME ALL RISK OF INJURY OR DEATH ARISING
FROM THE OPERATION OF AND/OR MY PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN SECTION 2 APPLIES TO ANY RELATED INJURY I MIGHT SUSTAIN.
I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue BRC and other participants, sponsors, and if applicable, owners and lessors of equipment, art installations, and premises used to conduct the Burning Man Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses that I may have or that may subsequently accrue to me relating to, resulting from, or arising out of my participation in the Burning Man Event, including in any programs, events, art installations, or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. If BRC files a claim against me, however, I may file a counterclaim related to the same facts and circumstances. I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of my participation in the Burning Man Event, including in any programs, events, art installations, or activities at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
By entering the Burning Man Event, all participants agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Cameras are welcomed at the Event and have long been an important part of Black Rock City’s storytelling history. BRC monitors dissemination of Event Imagery for two primary reasons: (1) to preserve the Principle of Decommodification by ensuring that photographs and videos from the Burning Man Event are not used for advertising or commercial purposes; and (2) to protect participants’ right to privacy, freedom of expression, and creative immediacy. Participants may use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or BRC); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise).
I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM BRC, OTHER THAN PERSONAL USE (as defined above).
I understand that I have no right to sell, transfer, license, sublicense, or give my Event Imagery to any other party, except for Personal Use, and I agree to inform anyone to whom I give any Event Imagery that it can only be used for Personal Use. I assign to BRC a joint ownership in the copyright to my Event Imagery for the purpose of enabling BRC to enforce that copyright against any third party that displays or disseminates any of my Event Imagery in a manner not authorized by these Terms and Conditions. I appoint BRC as my attorney-in-fact to execute any documents necessary to effectuate such assignment. BRC agrees that it will not utilize this joint copyright to enter into any licensing agreements for the Event Imagery. Since I understand that, in the absence of written permission from BRC, I have no right to sell, transfer, license, sublicense or give any of my Event Imagery to any other party (except for Personal Use), if a third party obtains and uses any of my Event Imagery (other than for Personal Use) without such written permission from BRC, I agree that any permission, license, or rights I may have granted this third party is completely void and invalid and that BRC has the absolute right, as joint copyright owner, to require the third party to cease all use of the Event Imagery.
If I post, or allow to be posted, any Event Imagery on a personal website or a website controlled by a third party, even if permissible as Personal Use, I agree that: (1) I will place, or cause to be placed, on any webpage on which such Event Imagery is displayed a notice that (a) the Event Imagery can be used only for the poster’s personal use and not for any other purpose, and (b) the Event Imagery may be downloaded or copied only in accordance with a Creative Commons license that prohibits the licensee from using the Event Imagery for commercial purposes, including CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND (available at http://creativecommons.org/licenses/); (2) I will not license any Event Imagery that contains any nudity or partial nudity (including any imagery in which bare breasts, bare buttocks, genitals, or genital areas are visible); and (3) if BRC notifies me that any Event Imagery must be removed, for any reason whatsoever in BRC’s sole discretion, I will promptly remove or cause to be removed those images. BRC, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Event Imagery in violation of these Terms and Conditions and may cause the removal of such Event Imagery on any webpage on which it is displayed. I understand that use of the Creative Commons’ licenses approved herein does not supersede these Terms and Conditions, nor my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate. BRC forbids any non-Personal Use of Event Imagery containing nudity that is presented in a sexual context and/or without the express written permission of the subjects. Violations or suspected problems of this nature should be reported to the Black Rock Rangers and/or Media Mecca (on playa) or to email@example.com (year-round).
The Burning Man community grows primarily by word of mouth. BRC does little to solicit attention from media companies about the Burning Man Event, and does not seek to grow the Event by exposure through the mass media. BRC does continue to support the presence of the press, and to encourage the free expression of news reporters, storytellers, small groups documenting special projects, cultural or fine art photographers, and creative authors/researchers or academics. Any party interested in making any commercial use of their documentation of the Event or in distributing footage beyond Personal Use must, however, enter into a separate written agreement with BRC. Visit http://www.burningman.org/network/about-us/press-media/ or contact firstname.lastname@example.org for more information on how to apply for this permission. All such projects require BRC’s review and approval prior to any distribution.
I acknowledge that “Burning Man,” “Black Rock City,” “Decompression,” and the Burning Man logo/symbol are registered trademarks owned by Decommodification, LLC and licensed to BRC and Burning Man Project (“BMP”), and that BRC and BMP have the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by BRC or BMP, including any likenesses, drawings, and representations of the Burning Man sculpture and the Black Rock City map (collectively, “Burning Man Intellectual Property”).
WITHOUT THE PRIOR WRITTEN CONSENT OF BRC, I UNDERSTAND THAT I MAY NOT USE ANY BURNING MAN INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized by these Terms and Conditions or constitutes a fair use under United States law. (For general information about trademarks, copyrights, and fair use, please see: http://ilt.eff.org/index.php/Trademark:_General and https://ilt.eff.org/index.php/Copyright:_Fair_Use.)
BRC generally does permit the use of Burning Man Intellectual Property, without payment of any license fee, on materials that are given away at or in connection with the Burning Man Event (“Gift Materials”), with the following conditions: (1) BRC may, for any reason in its discretion, determine that such use is not in keeping with BRC’s quality control, and if so, all such materials shall no longer be distributed; and (2) no Gift Materials may be sold (including to recoup the cost of producing them), exchanged for something of value, or distributed in any manner in which the Gift Materials are likely to be sold or exchanged for something of value.
I acknowledge that people are using film, video, and photographic cameras at the Event, and that my image may be captured on film, video, or photographs that may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release BRC from any liability due to such capturing, display, or dissemination.
I hereby appoint BRC as my representative to protect my intellectual property or privacy rights, recognizing that BRC has no obligation to take any such action. I understand that if BRC files a lawsuit to protect my intellectual property or privacy rights pursuant to the appointment in this Section 8, and BRC has information that my specific intellectual property or privacy rights have been violated and also has information as to my identity and my contact information, BRC will make reasonable efforts to notify me of any such action by sending a communication to the contact information in BRC’s possession.
I understand that some participants at the Event may engage in expressive activity and dress, which may include partial nudity or nudity and other types of expressive activity. I agree that such expressive activity and dress is neither indecent nor offensive to me, and that I have decided to attend the Event with full knowledge that such expressive activity and dress may occur. If I am accompanied by minors at the Event, I acknowledge that I have made a choice that the minors may be exposed to the expressive activities and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the minors to the Event. Should I find that any activity at the Event is offensive to me, or to any minors accompanying me, I acknowledge that I can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the Event.
I understand that children under 18 years of age may attend the Event only accompanied by a parent or guardian, and if I bring a minor to the Event, I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor.
I acknowledge that all vehicles, including trucks, trailers, and recreational vehicles, entering the Event are subject to search by Gate staff for stowaways, dogs, guns, live plants, fireworks, handheld lasers, or other prohibited items.
**I agree to read and abide by the terms on the back of the ticket and all information listed in the 2018 Survival Guide.
I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. I release BRC and all persons participating in any such medical treatment from all responsibility for any such actions.
**If I am obtaining tickets and/or vehicle passes for, or providing any tickets and/or vehicle passes to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or vehicle passes, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the tickets and/or vehicle passes I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket and/or vehicle pass to them. If I have obtained a ticket and/or vehicle pass from another person, I also agree to these Terms and Conditions when the ticket and/or vehicle pass is delivered to me.
I agree that BRC is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets and vehicle passes are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond BRC’s control.
**Refund and Cancellation Policy: All sales are final as of May 31, 2018. No refunds or exchanges will be issued for any reason. Fees are non-refundable.
These Terms and Conditions shall be governed by and enforced according to the laws of the State of California without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in San Francisco, California, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
I understand that these Terms and Conditions may be changed by BRC prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at http://tickets.burningman.org/terms-and-conditions. My use of a ticket or other entry credential for entry to the Event signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the Event.
I ACKNOWLEDGE THAT BY ACCEPTING PLAYALCHEMIST & THEME CAMPS 2018 INVITE, I AM AGREEING TO ALL ABOVE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND CONFIDENTIALITY AGREEMENT. INFORMATION IN IT’S ENTIRETY ABOVE, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.