Lantern Fest™ Assumption of Risk and Warning of Risk Waiver and Release of Claims ("Agreement")
(Referred to herein as “I,” “me,” or “my”)
In consideration of being allowed to participate in any way in Lantern Fest™ related events and/or activities (the “Event”), I, the undersigned, acknowledge, covenant and agree that:
1. The risk of injury, illness, disability and/or death from the activities involved in the Event is significant including, but not limited to the following: (i) sprains; (ii) strains; (iii) fractures; (iv) burns, cuts and tears; (v) bruises; (vi) heat and cold injuries; (vii) I will be using fire and potentially exposing myself to burns, fire damage; (viii) over-use syndrome; (ix) accidents and/or injuries involving vehicles; (x) animal and/or insect bites and or/stings; (xi) contact with poisonous plants; (xii) accidents and/or injury involving, but not limited to falling, slipping, sliding, running, travel by boat, truck car or other convenience; (xiii) heart attack; (xiv) potential for permanent paralysis and/or death; (xv) illness; (xvi) those risks created by other Event participants; (xvii) I consent to releasing Lanterns into the air, fully knowing they require the use of fire and possibly smoke, which is potentially hazardous, dangerous and could cause bodily harm, injury, or death to myself and/or others and (xviii) those risks due to defects or conditions of or at the Event. While particular rules, equipment and personal discipline may reduce these risks, the risk of death, illness, disability or injury does exist;
2. AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, and assume full responsibility and all risks of all nature for my participation in the Event;
3. I agree to abide by any decision of an Event official relative to my ability to safely complete the Event, which decision is at the sole discretion of the Event official and I agree lack of a decision does not create any liability or waiver thereof whatsoever;
4. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE Lantern Fest, LLC and their officers, directors, members, managers, representatives, officials, principals, owners, licensees, franchisees, agents and/or employees, subsidiaries and/or assigns, as well as their independent contractors, sponsoring agencies, sponsors, advertisers, volunteers and if applicable, owners and lessors of the premises used to conduct the Event (collectively “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, ILLNESS, INCAPACITY, DAMAGES, EXPENSES, DEATH, and/or loss or damage to person or property incurred by me in connection with participation in the Event. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with the Event.
5. I attest and verify that, unless otherwise indicated below, I am over 18 years of age, am free from all illnesses, injuries and defects that could interfere with my safe participation in the Event and that I am physically fit and sufficiently trained to participate in all activities associated with the Event. My participation in the Event is entirely voluntary. I further certify and represent that on the date of the Event I will possess and be covered by medical/health insurance, individually or as part of an organization. I understand and agree that children under the age of 12 are not permitted to participate or accompany me in the Event unless a parent or guardian signs a waiver on their behalf and if no signature is obtained I assume full and complete liability and this Agreement extends to such minor’s participation.
6. I consent to administration of first aid and other medical treatment and transportation in the event of any injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment. This release extends to any liability arising out of, or in any way connected with the medical treatment and/or transportation.
7. The Event may be postponed, cancelled, or modify due to weather conditions, Acts of God or other factors beyond the control of any Releasee. There is no refund granted.
8. I acknowledge and verify that I may be dismissed from participation, without refund, if I endanger the safety or negatively affect the Event, a person, a facility or property of any type or kind.
9. I hereby irrevocably, absolutely and in perpetuity, grant unlimited permission to the Releasees to film, videotape and record gratis the performance of the above named participant in the Event and subsequently to telecast, sell, distribute and other utilize the same in whatever manner Releasees deem appropriate. Such permission includes without limitation granting the unlimited and irrevocable right to Releasees, without compensation of any kind to me, to own, use, publish, copyright, reproduce, sell, distribute, or broadcast my name, nickname, image, likeness, voice, photograph, signature facsimile, or any other depiction of any kind of me or my likeness (collectively the “Images”), in connection with or due to my participation in the Event, in any electronic or print format or media or format whatsoever, whether such format is now known or later developed. I acknowledge and agree that Releasees and their representatives will have this unlimited right throughout the world.
10. In consideration and in return for being allowed to participate in the Event, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the Events that may be made by me, my family, estate, heirs or assigns.
11. I understand and acknowledge that participation in the Event is strictly personal and registration cannot be transferred. Participation in the Event will be deemed full agreement to each and every term of this waiver of liability and release.
BY CLICKING THE PLACE ORDER BUTTON I AKNOWLEGE THAT I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION AND WARNING OF RISK AGREEMENT, I DO FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I UNDERSTAND THERE ARE NO REFUNDS.
Privacy & Security
Lanternfest does not assume liability for damages as a result to the use of any service, product or any material found within this web site. This may include but is not limited to the use of the website system, any content or demonstrations accessed via this web site or any other site to which the web site may be linked to. We reserve the right to modify any material within this web site including but not limited to: product/ and service descriptions at any time without notice. The information posted is believed to be accurate and reliable at the time it was posted. We do not take responsibility for its use, nor for any infringements of rights and or patents of any third parties resulting from the use of the website. Links from third party websites from this site are provided solely as a convenience.
Several methods of security are used including, encryption, firewalls and other technology and security procedures to help protect the accuracy and security of your personal information and prevent unauthorized access or improper use. For example, you will note that while using some features of the web site and online services, you will need to submit a password or some other type of authenticating information.
Your privacy is respected and we work hard to safeguard the privacy of your personal data. We realize that the Internet raises questions concerning the nature, use and confidentiality of information collected about consumers. We want you to know that we apply our long-standing commitment to safeguarding privacy to our Internet activities.
Your information is not shared and we do not disclose or sell any personally information (such as your name, address, telephone number or e-mail address) collected online on via the web site with other unaffiliated companies or organizations. In the future, should we decide to share such data with third parties for marketing, it will provide notification and the opportunity for its users to indicate whether they would prefer that the Company not provide such information about them to third parties. Because this information is a critical part of our business, it would be treated like our other assets in the context of a merger, sale or other corporate reorganization or legal proceeding.
How We Use Information
Information we collect is used principally to provide you with the service(s) and product(s) you have ordered and to let you know about other offerings which may be of interest to you. Postal and e-mail address information, for example, enables communication about services offered and ordered, as well as the proper provisioning and billing of those services.
Information will be provided in response to subpoenas and other legal demands, and where we believe that disclosing this information is necessary to identify, contact or bring legal action against individuals who may be endangering public safety or interfering with property or services, or with our customers' or others' use of them.
How We Collect Information
Information is collected online by asking you for it, for example, when sign up for service. A customer's name, address (postal and e-mail) and telephone number are the most important pieces of information, but we might request other information, based on, for example, individual organization marketing services.
Password Protected/Secure Area Access
Accessibility and use of any password protected or secure areas of the website, is restricted to authorized users only. Unauthorized users that attempt to access any of these restricted areas of the website may be subject to prosecution.
Services Offered by Company
When you apply and register on the website you accept the terms and conditions that are applicable to that particular service. We do not warrant that that any service descriptions and/or content that is contained in the website is accurate, current, complete, reliable, or error-free.
Access may be terminated to the website along with any services with or without any cause, at any time. Any termination is to be accompanied by a written or electronic notice. We are not liable to you or any third party for service termination. Upon termination of any and all access to the website and services, your right to use the website and/or services is immediately revoked.
You are prohibited from engaging in any form of Internet or website abuse, including but not limited to the following:
Distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as "junk mail" or "spam"), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet.
Posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists. Repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted.
Posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.
If your event is cancelled, we will refund the amount you paid for your tickets (minus order processing, service and delivery fees) using the same payment method used for purchase. If your event is postponed, we will contact you with the new date and time. All Event personnel have the right to refuse entry to any ticket holder for any reason at their discretion. Venue and Talent are subject to change without notice and are not grounds for a refund. Anything promised by the promoter that is unfulfilled is not guaranteed by the seller and is not grounds for a refund.