MIX-TAPE participant - terms & conditions
Terms and Conditions, Waiver of Liability, and Release Form (“Terms and Conditions”)
PLEASE READ THIS TERMS AND CONDITIONS, WAIVER, RELEASE FORM. THIS IS A LEGAL DOCUMENT AFFECTING THE LEGAL RIGHTS OF EACH PERSON (TO BE REFERRED TO AS “I” AND/OR “PARTICIPANT) THAT PURCHASES A TICKET TO, SIGNS THIS FORM, OR ENTERS THE PROPERTY OF (PROPERTY TO CONSIST OF: EXTERIOR OF BUILDING, PARKLET, GIFT SHOP, LOBBY, EAST BAY, AND EXPERIENCE SPACE) F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE (TO BE REFERRED TO AS “THE EXPERIENCE”). THIS LEGAL DOCUMENT ALSO AFFECTS ANY MINOR CHILD/CHILDREN, IF ANY, BROUGHT TO THE EXPERIENCE BY EACH PERSON THAT PURCHASES A TICKET, SIGNS THIS FORM, OR ENTERS THE PROPERTY OF F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE.
In consideration of being allowed to participate in and attend the F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE (“The Experience”), I agree to comply with any and all rules, regulations, terms and conditions of the F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE experience, including but not limited to the following:
1. FITNESS AND RESPONSIBLE BEHAVIOR. I certify that I and/or my minor child/children, if any, are physically, mentally, and emotionally able to participate in The Experience and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional. Furthermore, I represent that I and/or my minor child/children, if any, (and any children or other people under my responsibility or control): (a) is not under the influence of any alcohol, drugs, or medications that would alter their senses or judgment (b) is not aware of any physical, emotional, or other condition such as claustrophobia, a heart condition, back condition, history of seizures, and/or sensitivity toward flashing lights that would create a hazard to myself, my minor child/children, if any, or others as a result of entering F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE (c) will act responsibly during my visit to F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE.
2. ACTIVITIES, USE OF PREMISES, ASSUMPTION OF RISK AND EMERGENCY MEDICAL CARE. I acknowledge and fully understand that as a participant, I and/or my minor child/children, if any, may engage in activities that involve risks. Those risks may include, but are not limited to, tripping, slipping, falling, injury from falling objects, and allergic reactions, may be inherently dangerous, and can cause serious or grievous illness or injuries, including serious bodily injury such as broken bones or concussion, catastrophic injury, such as paralysis, or death. I understand and have explained to my minor child/children, if any, that these activities may not be supervised and that, in the event of injury, medical services may not be readily available. I authorize and consent to emergency medical care and transportation to obtain treatment in case of injury (for myself and any minor child/children, if any), as F.O. Womb LL dba Factory Obscura Presents: MIX-TAPE may deem appropriate. I expressly agree to be financially responsible for such care and acknowledge that I am solely responsible for carrying my own, and my minor child/children, if any, health insurance. The waiver and release of liability in this Terms and Conditions, Waiver, and Release Form extends to any liability arising out of or in any way connected with any such medical treatment and transportation I or my minor child/children, if any, receives or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise. I have explained these risks to my participating minor child/children, if any. In spite of the risks mentioned above, I freely want to participate and want my child/children, if any, to participate in The Experience(s) provided by F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE and/or on its premises.
3. RELEASE AND WAIVER OF LIABILITY. I, on behalf of myself and my participating minor child/children, identified below, if any, hereby WAIVE AND RELEASE F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE and it’s agents, employees, officers, directors, affiliates, successors and assigns of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities of every kind and nature, whether known or unknown, in law or equity, that I or my participating minor child/children, if any, ever had or may have, arising from or in any way related to my or their participation in any of the activities provided by, on the premises of, or for the benefit of F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE. This release and waiver of liability applies to all acts of ordinary negligence but does not apply to any acts of intentional, willful, or wanton misconduct.
4. COVENANT NOT TO SUE. I, on behalf of myself and my participating minor child/children, if any, agree not to sue F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE or any of its agents, employees, officers, directors, affiliates, successors or assigns, or initiate or assist in the prosecution of any claim for damages or cause of action against any of them, which I, on behalf of myself or my participating minor child/children, if any, may have as a result of any personal injury, death, or property damage that I or my participating minor child/children, if any, may sustain by participating in any activities/experiences provided by F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE and/or on its premises.
5. INDEMNIFICATION. I, on behalf of myself and my participating minor child/children, if any, agree to indemnify and hold harmless F. O. Womb LLC dba Factory Obscura Presents: MIX-TAPE and its agents, employees, officers, directors, affiliates, successors and assigns from any and all liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) made by other individuals or entities as a result of my or my participating minor child’s/children’s actions in connection with any activities/experiences provided by F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE and/or its premises.
6. LOST, DAMAGED, AND STOLEN ITEMS. F. O. Womb LLC dba Factory Obscura Presents: MIX-TAPE has no responsibility for lost, damaged, or stolen items from The Experience or on the property/premises.
7. PHOTOGRAPHS, VIDEOTAPE, AND F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE MEDIA POLICY. I, on behalf of myself and my participating minor child/children, if any, grant F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE the right to photograph, videotape, and/or record me and/or my participating minor child/children, if any, and to use my and my participating minor child’s/children’s name, face, likeness, voice, and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation, and I, on behalf of myself and my participating minor child/children, if any, waive any right to royalties or other compensation arising from any such use. When Participant, and Participant’s minor child, children, if any, appears in, creates, uploads, posts, or sends any photographs, audio recordings, or video footage depicting or relating to F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE, Participant and Participant’s minor child/children, if any, grants F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE the unrestricted, worldwide, royalty-free, perpetual right and license (with right to transfer or sublicense) to use Participant’s and Participant’s child/children’s, if any, name, likeness, voice, and all other aspects of Participant and Participent’s minor child/children, if any, persona for the purpose of operating, developing, providing, promoting, advertising, and improving F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE or any other products or services provided by F. O. Womb LLC dba Factory Obscura Presents: MIX-TAPE or its sublicensees (in either case, now known or developed later). By entering the F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE premises and/or experience space all participants agree to the following terms, conditions, and guidelines for the use of any imagery obtained when entering the property and/or entering The Experience including still photographs, uploads, audio recordings, videos (hereinafter “Experience Imagery”). F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE reserves the right to monitor dissemination of Experience Imagery to ensure that photographs and videos from F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE and it’s property are not used for advertising or commercial purposes. Participants may use Experience 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 F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE; and (3) posting on personal social media accounts, such as Instagram and Facebook (as long as the post does not promote any commercial product, service, or brand, and the account is not affiliated with any commercial enterprise). I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EXPERIENCE IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE OTHER THAN PERSONAL USE (as defined above). I and my minor child/children, if any, understand that I and my minor child/children, if any, have no right to sell, transfer, license, sublicense, or give my Experience Imagery to any other party, except for Personal Use, and I and my minor child/children, if any, agree to inform anyone to whom I or my minor child/children, if any, give any Experience Imagery that it can only be used for Personal Use. Since I and my minor child/children, if any, understand that, in the absence of written permission from F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE, I and my minor child/children, if any, have no right to sell, transfer, license, sublicense or give any of my or my minor child/children, if any, Experience Imagery to any other party (except for Personal Use), if a third party obtains and uses any of my or my minor child/children, if any, Experience Imagery (other than for Personal Use) without such written permission from F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE, I and my minor child/children, if any, agree that any permission license, or right I or my minor child/children, if any, may have granted this third party is completely void and invalid and F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE has the right to require the third party to cease all use of the Experience Imagery. I UNDERSTAND THAT I AND ON BEHALF OF MY MINOR CHILD/CHILDREN, IF ANY GRANT F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE AND ITS AFFILIATES THE IRREVOCABLE, UNRESTRICTED, WORLDWIDE, PERPETUAL, ROYALTY-FREE, SUBLICENSABLE, AND TRANSFERABLE RIGHT AND LICENSE TO USE, DISPLAY, REPRODUCE, PERFORM, MODIFY, TRANSMIT, PUBLISH, AND DISTRIBUTE ANY AND ALL EXPERIENCE IMAGERY DEPICTING OR RELATING TO F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE AND ITS AFFILIATES FOR ANY PURPOSE WHATSOEVER IN ANY AND ALL MEDIA (IN EITHER CASE, NOW KNOWN OR DEVELOPED LATER). I AND MY CHILD/CHILDREN, IF ANY, AGREE TO NOT EXPLOIT ANY EXPERIENCE IMAGERY OF F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE.
8. MINOR CHILD/CHILDREN. Participant agrees to obtain any and all TERMS AND CONDITIONS, WAIVER, AND RELEASE FORMs for any minor child/children, if any, that are accompanying Participant to The Experience. Failure to do so may result in said minor child/children not being granted entry into The Experience and makes the Participant legally responsible for the safety and welfare of the minor child/children while on The Experience premises. I UNDERSTAND THAT I AM LEGALLY RESPONSIBLE FOR ALL MINOR CHILDREN (WHETHER OR NOT I AM THE LEGAL GUARDIAN) WHO ACCOMPANY ME TO F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE. FAILURE TO OBTAIN ANY AND ALL TERMS AND CONDITIONS, WAIVER, AND RELEASE FORMS FOR ANY MINOR CHILDREN (WHETHER OR NOT I AM THE LEGAL GUARDIAN) WHO ACCOMPANY ME WAIVES ALL LIABILITY FOR F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE FOR SAID CHILD/CHILDREN.
9. SUCCESSORS AND ASSIGNS. This RELEASE AND WAIVER OF LIABILITY is binding on my and my participating minor child’s/children’s successors and assigns, including any spouses, heirs, executors, administrators, and legal representatives.
10. GOVERNING LAW AND VENUE. This RELEASE AND WAIVER OF LIABILITY shall be governed by and interpreted in accordance with the laws of the State of Oklahoma, without giving effect to the principles of conflicts of law. Any action arising out of this RELEASE AND WAIVER OF LIABILITY must be brought exclusively in any state or federal court located in Oklahoma County.
11. INTERPRETATION OF AGREEMENT. This RELEASE AND WAIVER OF LIABILITY shall be construed broadly to provide a release and waiver to the fullest extent permissible under applicable law. The failure of F.O Womb LLC dba Factory Obscura Presents: MIX-TAPE to enforce any provision of this RELEASE AND WAIVER LIABILITY shall not be construed as a waiver or modification of such provision or impairment of its right to enforce such provision or any other provision of this RELEASE AND WAIVER OF LIABILITY.
12. SEVERABILITY. If any provision or portion of this RELEASE AND WAIVER OF LIABILITY shall be held to be illegal, invailid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
13. ENTIRE AGREEMENT. This RELEASE AND WAIVER OF LIABILITY contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this RELEASE AND WAIVER OF LIABILITY. The provisions of this RELEASE AND WAIVER OF LIABILITY may be waived, altered, amended, or repealed, in whole or in part, only upon the prior written consent of all parties. The provisions of this RELEASE AND WAIVER OF LIABILITY will continue in full force and effect even after the termination of the activities provided by, on the premises of, or for the benefit of, F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE.
14. CONSENT TO ELECTRONIC TRANSACTIONS. Participant and Participant’s minor child/children, if any, hereby consents to contracting and transacting electronically. Electronic signatures, whether digital or encrypted, are intended to authenticate this Terms and Conditions Form and to have the same force and effect as manual signatures. To be clear, Participant and Participant’s minor child/children, if any, will be deemed to have consented to the terms of this Terms and Conditions Form by purchasing a ticket to or entering F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE property/experience. Participant hereby consents that marking that they have read and explained to their minor child/children, if any, understand, and agree to this Terms and Conditions Form constitutes an electronic signature and consent to abide by the terms of this Terms and Conditions Form.
15. PARENT/GUARDIAN CONSENT FOR PARTICIPANTS UNDER THE AGE OF 18. Participant agrees that they are over the age of 18 and/or the parent or guardian of a Participant(s) that is/are under the age of 18 (“Minor(s)”). If Participant is a parent or guardian of a Minor(s), Participant acknowledges and agrees that (a) Participant consents to the Minor(s) entering into this Terms and Conditions Form; (b) Participant guarantees that the Minor(s) will not at any time disaffirm this Terms and Conditions Form by reason of the Minor’s age, capacity or otherwise; and (c) Participant, on behalf of Participant, the Minor(s), and the Minor’s heirs, family members, executors or administrators, releases and holds harmless F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE from any and all liabilities incident to the Minor’s F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE experience, as provides in this Terms and Conditions Form, even if arising from the negligence of F.O. Womb LLC dba Factory Obscura Presents: MIX-TAPE, to the fullest extent permitted by law.
16. Invalidity. Participant and Participant’s minor child/children, if any, expressly agrees that the terms of this Terms and Conditions Form are intended to be as broad and inclusive as is permitted under the laws of the State of Oklahoma. If any portion (e.g. paragraph or sentence) of this Terms and Conditions Form is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Terms and Conditions Form will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
I, ON BEHALF OF MYSELF AND MY PARTICIPATING MINOR CHILD/CHILDREN, IF ANY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS TERMS AND CONDITIONS, WAIVER, AND RELEASE FORM AND THAT I UNDERSTAND THE TERMS SET FORTH HEREIN AND THAT I UNDERSTAND THAT IT IS AN AGREEMENT TO THE TERMS AND CONDITIONS, A WAIVER OF RIGHTS THAT I MAY HAVE ON BEHALF OF MYSELF AND MY CHILD/CHILDREN, IF ANY TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS AGAINST F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE. SHOULD ANY LEGAL ACTION BE COMMENCED OR ANY CLAIM ASSERTED IN VIOLATION OF THIS TERMS AND CONDITIONS, WAIVER, AND RELEASE FORM, I UNDERSTAND AND AGREE THAT I, ON BEHALF OF MYSELF AND MY PARTICIPATING MINOR CHILD/CHILDREN, IF ANY, WILL BE RESPONSIBLE FOR ALL REASONABLE ATTORNEYS’ FEES AND DEFENSE COSTS INCURRED BY F.O. WOMB LLC DBA FACTORY OBSCURA PRESENTS: MIX-TAPE AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS AND ASSIGNS IN CONNECTION WITH OR IN DEFENSE OF SUCH ACTION OR CLAIM. I HAVE SIGNED THIS TERMS AND CONDITIONS, WAIVER, AND RELEASE FORM FREELY, VOLUNTARILY, AND UNDER NO DURESS OR THREAT OF DURESS.