terms & conditions
LIABILITY WAIVER AND RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Your (“You” or “Your”) purchase or possession of this ticket (“Ticket(s)”) and presentation at Hoodstock (the “Event”) for access constitutes the irrevocable acceptance of, and agreement to be bound by these terms and conditions respecting the Event, posted on Issuer’s website located at www.hoodstock.org (the “Site”). Your Ticket shall be deemed a revocable license issued by Hoodstock and Faceplant Events, LLC, as licensor hereunder (the “Issuer”) for the sole purpose of accessing the Event (the “License”). Issuer may revoke the License at any time without additional notiﬁcation to You, which includes denying You access to the Event, or due to any violation, or suspected violation, of these terms and conditions, applicable laws, policies, rules or regulations, as determined by Issuer. ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. This Event is a “Rain or Shine” event.
BY ENTERING THE EVENT YOU ARE VOLUNTARILY ENTERING INTO THIS LIABILITY WAIVER AND RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (THIS “RELEASE”). YOU HAVE VOLUNTARILY AGREED TO PARTICIPATE IN THE ACTIVITY. YOU UNDERSTAND AND EXPRESSLY ACKNOWLEDGE THAT (I) THERE IS RISK INVOLVED FROM BEHAVIOR ABOARD ANY PRIVATE WATERCRAFT AND THAT YOU MUST ABIDE BY UNITED STATES COAST GUARD, WASHINGTON STATE & MASON COUNTY WATERCRAFT RULES AND REGULATIONS, (II) UNANTICIPATED AND UNEXPECTED DANGERS MAY ARISE FROM YOUR PARTICIPATION IN THE ACTIVITY, AND (III) YOUR PARTICIPATION IN THE ACTIVITY INVOLVES NUMEROUS RISKS OF INJURY AND/OR DAMAGE (TO PERSON OR PROPERTY), INCLUDING, WITHOUT LIMITATION, THE POSSIBLITY OF DEATH, HEART ATTACK, STROKE AND CIRCULATORY PROBLEMS, BONE AND JOINT INJURIES, BACK AND NECK INJURIES, LOSS OF CONTROL, AND COLLISIONS WITH OTHER INDIVIDUALS AND/OR OBJECTS. YOU AGREE TO ASSUME ALL RISK OF LOSS, DAMAGE AND/OR INJURY (INCLUDING DEATH) TO YOUR PERSON AND/OR PROPERTY ASSOCIATED WITH YOUR PARTICIPATION IN THE EVENT, INCLUDING WHETHER CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE ISSUER OR OTHERWISE.
YOU RECOGNIZE THAT THE NOVEL CORONAVIRUS, COVID-19, HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION AND THAT AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. YOUR FURTHER RECOGNIZE THAT COVID-19 IS EXTREMELY CONTAGIOUS, AND CAN LEAD TO SEVERE ILLNESS AND DEATH, AND IS BELIEVED TO SPREAD MAINLY FROM PERSON-TO-PERSON CONTACT. AS A RESULT, FEDERAL, STATE, AND LOCAL GOVERNMENTS AND FEDERAL AND STATE HEALTH AGENCIES RECOMMEND SOCIAL DISTANCING AND HAVE, IN MANY LOCATIONS, PROHIBITED THE CONGREGATION OF GROUPS OF PEOPLE. ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, SENIOR CITIZENS AND GUESTS WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE.
YOU ACKNOWLEDGE THAT THE ISSUER HAS PUT IN PLACE PREVENTATIVE MEASURES TO REDUCE THE SPREAD OF COVID-19 AT THE EVENT AND THAT YOU MUST FOLLOW ALL POSTED INSTRUCTIONS WHILE IN ATTENDANCE. HOWEVER, THE ISSUER CANNOT GUARANTEE THAT YOU WILL NOT BECOME INFECTED WITH COVID-19. BY ATTENDING THE EVENT YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO EXPOSURE TO COVID-19 AND ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND VOLUNTARILY ASSUME THE RISK THAT YOU MAY BE EXPOSED TO OR INFECTED BY COVID-19 BY ATTENDING THE EVENT AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. YOU UNDERSTAND THAT THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 AT THE EVENT MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF YOURSELF AND OTHERS, INCLUDING, BUT NOT LIMITED TO, EVENT EMPLOYEES, VOLUNTEERS, AND PATRONS AND THEIR FAMILIES.
YOU FULLY AND FOREVER WAIVE (I) ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, LIABILITIES, LOSSES AND DEMANDS (“CLAIMS”) AGAINST THE ISSUER, AND FULLY AND FOREVER RELEASE, DISCHARGE AND COVENANT NOT TO SUE, THE ISSUER, AND ANY PERSON, ENTITY OR ORGANIZATION AFFILIATED WITH THE EVENT, INCLUDING, WITHOUT LIMITATION, THE ISSUER’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, OR REPRESENTATIVES FROM ANY AND ALL CLAIMS AND ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY LOSS, INJURY, ILLNESS, AND/OR ANY OTHER DAMAGE (INCLUDING DEATH) YOU MAY SUSTAIN IN ANY MANNER ARISING FROM OR RELATED TO THE EVENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING FROM OR RELATED TO THE NEGLIGENT ACTS OR OMISSIONS OF THE ISSUER OR OTHER EVENT PARTICIPANTS.
YOU FURTHER INDEMNIFY, DEFEND AND HOLD HARMLESS THE ISSUER FROM ANY AND ALL CLAIMS, INCLUDING ATTORNEYS’ FEES AND COSTS, AND OTHER EXPENSES OF EVERY NATURE AND CHARACTER RELATING TO OR ARISING FROM YOUR PARTICIPATION IN THE ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY CLAIM BY YOUR SUCCESSORS-IN-INTEREST, HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS. YOU UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE ISSUER, WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER PARTICIPATION IN THE EVENT.
This Release is governed by and construed in accordance with the laws of the state in which is the Event is being conducted. Any dispute, controversy or claim arising out of or relating to this Release shall be referred to and finally determined by binding arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, with venue in Mason County, Washington. The arbitrator may award reasonable attorneys’ fees and costs to the prevailing party. The parties irrevocably consent to such jurisdiction and venue and waive any other venue to which it might be entitled by virtue of domicile, habitual residence or otherwise.
You understand that this Release is intended to be as broad and inclusive as is permitted by the laws of the state in which is the Event is being conducted and that if any provision, or part hereof, is judicially declared invalid, void or unenforceable, each and every other provision, or part thereof, nevertheless will continue in full force and effect, and the unenforceable provision will be changed or interpreted so as best to accomplish the objectives and intent of such provision within the limits of applicable law.
BY PURCHASING A TICKET, YOU REPRESENT THAT YOU ARE 18 YEARS OR OLDER. YOU HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ATTENDING THE EVENT.