Event Terms & Conditions (public property) - Vanlife Pride

TERMS & CONDITIONS, WAIVER & RELEASE

In consideration of being allowed to participate in and attend the 2024 Vanlife Pride event (the "Event") and is organized by Vanlife Pride, I agree to comply with any and all rules, regulations, terms and conditions of the event, including but not limited to the following:

ACKNOWLEDGMENT OF RISKS & DANGERS

I understand and acknowledge that (a) activities at the Event have inherent dangers that no amount of care, caution, instruction or expertise can eliminate, and pose substantial risks of physical injury and/or death, disease or illness and/or damage to or loss of personal property; (b) the Property is located in a somewhat remote area and speedy medical attention may not be available, if at all; (c) due to the natural setting of the Property, there may be several areas with no nighttime lighting at all, and there are inherent risks of slips, falls, hazards, wildlife, careless behaviour by me or other participants. I expressly and voluntarily assume all risk while participating in the Event and in any Activities, whether or not caused by the negligence of Vanlife Pride and any of its owners, directors, employees, representatives, agents, contractors or volunteers (collectively, the “Released Parties”), and agree and acknowledge that my participation in the Event and any of the associated events or programs is of my own free will and completely voluntary. I hereby assume all risk of personal injury to person or property received by me or arising out of the use of the facilities and adjacent area. I acknowledge and accept any and all risks and dangers can occur and signing this waiver means that I accept the risk. I acknowledge that the activity is hazardous and involves a great risk of physical injury or death.

THE EVENT

Vanlife Pride essentially provides a gathering space, where participants can share ideas, information and skills with others and learn and grow together, and that many such activities are not provided by Vanlife Pride, but instead are being provided by individual attendees and instructors at the Event.

RELEASE & WAIVER OF LIABILITY

I release and discharge and covenant not to sue the Released Parties from any and all liability, claims, demands or causes of action that I may hereafter have for any injuries, damages or death arising out of my participation in the Event and the Activities and use of the Property, including any injury resulting from the ordinary negligence of the Released Parties. I understand that Vanlife Pride has no responsibility or liability for any of the Activities, and I hereby release Vanlife Pride and the Released Parties for any injuries that I may sustain relating to the Event.

INDEMNIFICATION

I further agree to hold harmless, defend and indemnify the Released Parties from any judgment, costs, damages, including investigation costs, attorneys’ fees, expert fees, and related trial, litigation, arbitration, and/ or mediation costs and expenses, relating to any and all claims made against Vanlife Pride or any of the Released Parties relating to any conduct by me at the Event and on the Property, including any injury or loss due to the ordinary negligence of Released Parties.

PHOTOGRAPHY

By entering the Event, I, and 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 welcome at the Event, but only for limited, personal use. Vanlife Pride monitors the dissemination of Event Imagery to protect participants’ rights to privacy and freedom of expression to ensure that Event Imagery are used only for “Personal Use.” This means that Event Imagery cannot be used for non-personal purposes, such as advertising or commercial purposes, magazine articles, or news articles. “Personal Use,” is 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 Vanlife Pride); and (3) displaying on personal accounts on photo sharing and 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 account is not affiliated with any commercial enterprise); provided however that in any such display of images, the use will be considered “Personal Use” only if the group of followers or website visitors is not inordinately large, which shall be determined by Vanlife Pride in its sole discretion. In any dispute between us, I agree that Vanlife Pride may determine, in its sole discretion, whether any use of Event Imagery is for Personal Use or not. I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM VANLIFE PRIDE, 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 understand that I may not use or allow to be used any Event Imagery in any media article, newspaper article, video, blog, advertisement or promotional materials, except with the prior written consent of Vanlife Pride. I understand that if I record Event Imagery with the intention to utilize it for non-personal use, I will be trespassing, and that trespassers have no rights to any use of Event Imagery, and Vanlife Pride reserves the right to take any necessary action against trespassers. I understand that Vanlife Pride has no obligation to grant written permission to any person under this Paragraph, and that Vanlife Pride may deny any request for use of Event Imagery in its sole discretion.

PERMISSIBLE PHOTOGRAPHY

While general photography is prohibited, except for personal use, Vanlife Pride does record certain events or programs, using authorized documentarians to take official photographs and videos. When I enter the Event, and participate in any Activity at the Event, including participating in a Vanlife Pride event or program, I acknowledge that I enter an area where photography, audio, and video recording by Vanlife Pride may occur. By entering the Property and attending the Event, I consent to Vanlife Pride being able to engage in photography, audio recording and video recording that may include my likeness or voice, and consent to Vanlife Pride’ ability to release, publish, exhibit or reproduce the images or recordings in order to promote Vanlife Pride and its Event and similar events. I recognize that Vanlife Pride’ authorized documentarians may inadvertently capture my image. I release Vanlife Pride, its officers, agents, representatives and employees, and each and all persons involved, from any liability connected with Vanlife Pride’ taking, recording, digitizing, publication and use of interviews, photographs, computer images, video and/ or sound recordings at the Event.

MEDICAL WAIVER & RELEASE

Participants at the Event may seek first aid services. I understand that at the Vanlife Pride Event, first aid services may be provided by personnel who may not be medical doctors, and will make suggestions only. I assume all responsibility for the decisions I make concerning my health care or in response to suggestions for first aid by personnel at the Event. I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during the Event, and I authorize Vanlife Pride and its designated agents and any first aid personnel at the Event to administer emergency first aid, CPR, use any necessary medical devices, and secure emergency medical care or transportation, if deemed necessary by Vanlife Pride or its designated agent and I agree to be responsible for the payment for all costs of emergency medical care and transportation. I hereby release Vanlife Pride, the Released Parties, and any and all persons participating in the provision of wellness, first aid, or any medical treatment to me at the Event, from any responsibility or liability relating to providing suggestions to me concerning first aid, for my decisions about what type of wellness, first aid or medical aid to utilize, and for any emergency first aid that is provided to me. In addition, I acknowledge it is my sole responsibility to provide any medical information regarding any pre-existing conditions I may have, medications I may be taking, or other key treatment-related information to Vanlife Pride and any medical staff at the Event. If my condition could result in my losing consciousness at any time, I must also at all times wear a medical alert bracelet or other condition identifying marker commonly known to medical professionals in order to aid in their treatment of my condition. Failure to do so will be determined to be negligence on my part in connection with any medical event.

TICKETS FOR OTHERS

If I am obtaining tickets and/or entry credentials for, or providing any tickets and/or entry credentials to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or entry credentials, 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 entry credentials I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket and/or entry credentials to them. If I have obtained a ticket and/or entry credentials from another person, I also agree to these Terms and Conditions when the ticket and/or entry credentials are delivered to me from my use of this equipment OR my participation in the Activities, including any claims for personal injury and/or death will be governed by the laws of the State of Arizona, and exclusive jurisdiction thereof will be in the state court residing in the county where the alleged tort occurred or federal court of the State of Arizona. I agree that if any portion of this release is found invalid or unenforceable, the remaining provisions will be fully enforceable to the fullest extent allowed by law.

ARBITRATION, MEDIATION & DISPUTE RESOLUTION

If a dispute arises out of or relates to the Event and/or these Terms and Conditions or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, in Arizona. If a party fails to respond to a written request for mediation within 30 days after service or fails to participate in any scheduled mediation conference, that party shall be deemed to have waived its right to mediate the issues in dispute. If the mediation does not result in settlement of the dispute within 30 days after the initial mediation conference or if a party has waived its right to mediate any issues in dispute, then any unresolved controversy or claim arising out of or relating to the Event or these Terms and Conditions or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, before one arbitrator, in Arizona. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The venue for any mediation or arbitration shall be in Arizona, and only the substantive laws of the State of Arizona shall apply. The foregoing, however, shall not preclude the parties from applying for any preliminary or injunctive remedies available in state or federal court under applicable laws for any purpose. The prevailing party in any arbitration or court proceeding shall be entitled to recover his/her/its/their reasonable attorney fees and costs.

CURRENT VERSION OF TERMS & CONDITIONS APPLY

I understand that these Terms and Conditions may be changed by Vanlife Pride prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at https://www.vanlifepride.com/event-terms-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.

GENERAL

I acknowledge the schedule is subject to change. I hereby agree to the following Event rules: no weapons; no illegal drugs; no disrespectful or harmful behavior. I acknowledge that if I break any of these rules I am subjected to be removed from the event. I confirm that these rules, liability waiver, and indemnification provisions supersede any and all previous, oral, or written promises, or agreements regarding the subject matter hereof (including any statements made on the Vanlife Pride website) and understand that this is the entire agreement between me and the Released Parties as to the subject matter hereof and cannot be modified or changed in any way except in a writing signed by an authorized representative of Vanlife Pride. I expressly agree that the foregoing rules, liability waiver, and indemnification provisions are intended to be as broad and inclusive as is permitted by the laws of the State of Arizona and that if a portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. I agree that by accepting the terms of these Terms and Conditions (by clicking upon the “Accept”, “Agree”, “Yes”, or similarly identified button, as the case may be), my act of accepting thereby shall confirm that I have read and understood these Terms and Conditions and that I agree to all of its terms, to the same extent as if I read a paper copy of these Terms and Conditions and placed my signature on such paper copy with my own hand.

COVID-19 WARNING AND FORCE MAJEURE

According to the Center for Disease Control and Prevention, an inherent risk of exposure to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof (“COVID-19”) exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. Senior citizens and guests with underlying medical conditions are especially vulnerable. I understand and agree that there are certain risks of personal or property injury, illness and/or death associated with attending the Event due to risks related to COVID-19. I understand and agree (a) that the risk of exposure to COVID-19 cannot be fully eliminated and is increased by proximity to other people, (b) that an inherent and elevated risk of exposure to COVID-19 exists in any public place or place where people are gathered, (c) that attending the Event may involve coming into close contact with other people, (d) that there is no guarantee, express or implied, that I will not be exposed to COVID-19, and (e) that exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death. Despite these risks, I voluntarily assume all known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the Event, including exposure to COVID-19, and agree that the Vanlife Pride and the Released Parties are not responsible for any such risks and dangers. I agree that, if while at the Event I display any symptoms associated with Covid-19, I will voluntarily leave the Event, and that Vanlife Pride has the right, in its sole discretion, to require that I leave the Event; and in the situation where I am required to leave the Event due to exhibiting COVID-19 symptoms, I understand that no refund of any ticket price shall be provided; and that Vanlife Pride has no obligation to permit me to re-enter the Event even after the passage of time suggested by the CDC for quarantining or isolating relating to Covid-19 exposure or infection. All attendees should evaluate their risk in determining whether to attend the Event. By entering the Event, attendees voluntarily assume all risks related to exposure to COVID-19 and confirm that they will adhere to local quarantine mandates and the CDC quarantine requirements.

If the development and or hosting of the Event is prevented, delayed or impaired by an event of force majeure, including, without limitation, labor controversy, strike or lockout, any acts of God, war, terrorism, civil disturbance, governmental action, supply chain disruption, epidemic or pandemic, accidents, illness or injury of personnel, or any other event beyond Vanlife Pride’s control, or for any other reason in Vanlife Pride’s sole discretion, Vanlife Pride may, at its election: (1) terminate this Agreement by notice to you and present you with a partial refund based on the stage of development and or Event proceedings that have occurred to that point; or (2) suspend the Event without refund to you during any such suspension. In the case of a suspension, Vanlife Pride may postpone all dates in connection with this Event for a period equal to all or part of the suspension period by notice to you on or before the last to occur of: (1) termination of the suspension; or (2) five business days after the end of the force majeure event.