("Terms and Conditions")

 

In consideration of being allowed to participate in and attend “Cosmic Reunion” (the “Event”), I agree to comply with any and all rules, regulations, terms and conditions of the Event, including but not limited to the following:

 

1. I certify that I am physically able to participate in the Event and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.

2. 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 Event, i.e., Cosmic Reunion LLC, Astral Valley LLC, Creative Cosmos LLC, Koester Springs, LLC, Astral Gypsies, LLC, and its officers, directors, employees, agents, representatives, volunteers, contractors or affiliates (collectively, “Cosmic Reunion”), and participants, volunteers and spectators; (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 use by participants and by Cosmic Reunion 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 EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD COSMIC REUNION HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF COSMIC REUNION, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

3. I understand that during the Event, art installations, camps, Cosmic Camps, vehicles (including but not limited to ‘Cosmic Carts’), events and performances will be held and/or on display and I understand that most of these activities are not owned or operated by Cosmic Reunion, 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.

4. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue Cosmic Reunion, its officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment, art installations and premises used to conduct the 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 Event, including 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. However, if Cosmic Reunion files a claim against me, 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 Event, including in any program, event or activity 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.

5. Use of Images, Trademark and Likeness. Cameras are welcomed at the Event. Cosmic Reunion has worked to encourage the sharing of our community’s identity and cultural information through photography, videography, and film. Notwithstanding anything to the contrary contained herein, I acknowledge that Cosmic Reunion and its designees may film footage and photograph activities from the Event; accordingly I agrees that Cosmic Reunion may use the footage solely as incorporated in an incidental manner in audio visual productions and other promotional materials created by Cosmic Reunion or its designees concerning the Event and in connection with the exploitation, marketing and promotion of such productions, in any manner or medium now known or hereafter devised. Your entrance to the event is your acceptance of the terms, conditions and guidelines in these Terms and Conditions for the use of photographic imagery obtained at the Event, whether still or video. I understand that I have no rights to make any non-Personal Use of any image, film, or video footage obtained at the event, and that I cannot sell, transfer, license, sublicense or give my images, footage, film or video obtained at the event to any other party, except for Personal Use, and I agree to inform anyone to whom I give any footage, film, or video that it can only be used for Personal Use. Use in any advertisement or in the title or cover of any publication designed for dissemination to the public (other than blog posts) of images from the Event, of drawings or representations of the sculpture, logos, trademarks and other intellectual property owned or licensed by Cosmic Reunion, is prohibited without prior written consent of Cosmic Reunion.

6. Cosmic Reunion grants to participants a license to use images obtained at the event for “personal use” without the necessity of obtaining written permission from Cosmic Reunion; however, as discussed below, this “personal use” permission or license may be revoked by Cosmic Reunion for reasons in its sole discretion. “Personal Use” of images, film or video means to share with friends and family, to display on personal websites (as long as your website does not sell any other product or service, and as long as your website does not purport or appear to be an official website of Cosmic Reunion), to display on photosharing websites, and to display at art exhibits or similar exhibits. Social networking sites such as Flickr and Facebook generally are deemed “Personal Use,” but will not be considered “personal use” if the display of the images, film or video on these sites is used in any manner for commercial promotion, degradation, or if one’s immediate network is not inordinately large, to be determined in Cosmic Reunion’s sole discretion.

7. I further assign to Cosmic Reunion a joint ownership in the copyright for images obtained at the event so that in the event any third party displays or disseminates any of my images in a manner not authorized by this agreement, Cosmic Reunion can enforce against the third party (and against me) any restrictions concerning use of the images, and I appoint Cosmic Reunion as my attorney-in-fact to execute any documents necessary to effectuate such assignment. Cosmic Reunion agrees that it will not utilize this joint ownership to enter into any licensing agreements for the images. Since I understand that, in the absence of written permission from Cosmic Reunion, I have no right under this agreement to sell, transfer, license, sublicense or give any of my images, footage, film or video obtained at the event to any other party, except for Personal Use, in the event that a third party obtains and uses any of my images, footage, film or video for use other than Personal Use without such written permission from Cosmic Reunion, I agree that any permission, license or rights I may have granted this third party is completely void and invalid and that Cosmic Reunion has the absolute right, as joint copyright owner, to require the third party to cease all use of the images, footage, film or video.

8. I agree, in the event I post, or allow to be posted, any images (still or video) on a personal website or a website controlled by a third party, even if permissible as Personal Use, that: (1) I will place, or cause to be placed, on any website in which such images are displayed, a notice that the images can be used only for the poster’s personal use and not for any other purpose and that downloading or copying of the images is prohibited, except in accordance with the Creative Commons’ BY-NC-SA license where the licensee agrees to use the image for non-commercial purposes and only for his or her Personal Use (as defined herein) (http://creativecommons.org/licenses/by-nc-sa/3.0/); (2) I will not authorize the use of any images under the Creative Commons’ license if the image contains any nudity, partial nudity, or sexually suggestive poses (nudity and partial nudity include any images in which bare breasts, bare buttocks or genitals or genital areas are visible), and Cosmic Reunion, as joint copyright owner, may revoke any Creative Commons license if such license was erroneously placed on the image in violation of these Terms and Conditions; (3) in the event Cosmic Reunion notifies me that any such images must be removed, for any reason whatsoever in Cosmic Reunion’s sole discretion, I will promptly remove or cause to be removed those images, and in the event after notification by Cosmic Reunion any such images are not removed, Cosmic Reunion may, as joint copyright owner, cause the removal of any such images.

9. The only Creative Commons license Cosmic Reunion approves for personal use licensing is the Creative Commons BY-NC-SA license, Attribution-Noncommercial-ShareAlike http://creativecommons.org/licenses/by-nc-sa/3.0/. For full legal code see http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode. However, as described above, images that contain human nudity, partial nudity or sexually suggestive poses may NOT be licensed in this fashion. Be aware that the use of this license does not supersede these Terms and Conditions nor the responsibility of the photographer/videographer to obtain all necessary permissions from subjects and artists as appropriate.

10. 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 which may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release Cosmic Reunion from any liability due to such filming, photographing or dissemination.

11. 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 not 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.

12. I acknowledge that all vehicles including trucks, trailers and RVs entering the Event are subject to all laws, insurance requirments and search by staff, for stowaways, animals, pets, weapons, drugs, fireworks, or other prohibited items.

13. I agree to read and abide by all the information presented online at www.cosmicreunion.com & these Terms and Conditions.

14. 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. I release Cosmic Reunion and all persons participating in any such medical treatment from all responsibility for any such actions.

15. I understand that children under 18 years of age can attend the event only accompanied by a parent or guardian, and that 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.

16. In the event I am obtaining tickets and/or passes for, or I provide any tickets and/or passes to, any other person or persons, 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 on behalf of any person to whom I deliver any of the tickets and/or passes I purchase, and I shall notify any such person of these terms when I deliver a ticket and/or vehicle pass to them.

17. I agree that Cosmic Reunion is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that all tickets and passes sold are 100% non-refundable, non-returnable, & that all ticket sales are final, regardless of changes to my schedule, personal choices, sickness, family emergencies or any other reason. Even if the Event is terminated early or canceled, or entry conditions are modified, due to weather, acts of nature, governmental regulation, the failure to obtain required permits, or conditions beyond Cosmic Reunion’s control.

18. I understand that: I must bring enough food, water, shelter and first aid to survive the Event; that firearms, fireworks, rockets and other explosives, drugs, pets, animals, glass, and weapons, are prohibited, and; that this is a LEAVE NO TRACE, pack it IN, pack it OUT event; and that I am asked to contribute to Event clean up in addition to cleaning up my own camp.

19. This ticket is a revocable license that may be revoked by Cosmic Reunion for any reason, including without limitation assisting people with unauthorized or un-ticketed entry to the Event.

20. Refund and Cancellation Policy. All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable.

21. Ingress and Egress to the Event. Due to the location of the Event, the limitations of vehicle capacity of the roads leading to the Event location, and restrictions placed by the government on maximum population at the Event, you may be subject to lengthy delays in entry to the Event and in leaving the Event.

22. These Terms and Conditions may be changed by Cosmic Reunion prior to the Event, and if so the revised Terms and Conditions will apply to you. The most current version can be found on our website at www.cosmicreunion.com . By entering the venue and/or grounds, with or without a ticket to the Event, you are hereby in agreement with the Terms and Conditions and release all liability.

 

I ACKNOWLEDGE THAT I HAVE READ THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.