1. I certify that I am physically able to participate in Apogaea, Inc. and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.
2. I would like to attend the event being hosted by Apogaea Inc., June 9-12, 2016 (the “event”). I understand that this is a LEAVE NO TRACE, pack-it-in, pack-it-OUT Event. I agree to stay within all marked boundaries at all times and understand that leaving the marked boundaries of the event is grounds for immediate removal from the event. I agree to take personal responsibility for my actions or inaction and safety, as well as responsibility for any minors I am bringing, at all times. I understand that while Apogaea Inc. has put in a number of measures to ensure that the event is safe for everyone, I also understand certain risks are present at the Event, including (but not limited to): hazardous terrain, including water features, and low visibility at night; high altitude; wild and domestic animals; art and activities of other event participants; interactive art and activities which may be hazardous or present physical challenges and the risk of injury; athletic contests and physical challenges which present inherent risks; lack of supervision, security, and onsite police; violent or criminal conduct by event participants; cold climate and weather; mountain terrain; equipment and infrastructure constructed by other Event attendees; limited supervision; the presence (but NOT the sale) of alcohol; the availability (or lack thereof) of medical facilities and/or assistance; use of fire; and possible adult themes and/or nudity. I have been informed of these risks and understand all rules of participation in the event. I am responsible for reading, understanding and complying with all signage, including instructions (the Survival Guide) provided at the gate or referenced herein, and instructions from Apogaea Rangers or organizers; and I understand that I must at all times avoid wandering away from the designated festival areas. I assume all responsibility for loss or damage to equipment or personal property, and understand that no reimbursement will be made by Apogaea in the event that equipment or personal property is lost, stolen or damaged. I understand that my ticket is a revocable license that may be revoked by Apogaea in the event that I fail to follow any posted instructions or instructions received from designated Apogaea representatives. I appoint Apogaea, Inc. as my representative to take actions necessary to protect my intellectual property or privacy rights, recognizing that Apogaea Inc. has no obligation to take any action whatsoever. I agree that commercial use of recordings and images taken at the Event is prohibited without the prior written consent of Apogaea Inc., and that Apogaea Inc. may use images and recordings from the Event (which may include me) for non-commercial purposes.
RECOGNIZING THESE RISKS, I ASSUME ALL RISKS AND DANGERS ASSOCIATED WITH ATTENDING THE EVENT, I AGREE TO TAKE PART IN THE EVENT AND I SHALL RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY APOGAEA INC., ITS AGENTS, EMPLOYEES, OFFICERS, AFFILIATES, VOLUNTEERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, COUNTERCLAIMS, DEFENSES, SETOFFS, RECOUPMENTS, DEBTS, DEMANDS, CAUSES OF ACTION, SUITS, OBLIGATIONS, LOSSES, COSTS, EXPENSES AND LIABILITIES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN LAW OR IN EQUITY, RELATING TO OR ARISING FROM LOSSES OF, OR DAMAGE TO, PROPERTY AND INJURIES TO, OR DEATH OF, ANY PERSON INCLUDING BUT NOT LIMITED TO MYSELF AS WELL AS EMPLOYEES, CONTRACTORS, VOLUNTEERS, INVITEES AND LICENSEES OF APOGAEA INC., REGARDLESS OF WHETHER ARISING DURING OR AFTER MY PARTICIPATION IN THE EVENT, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF APOGAEA INC. . I AGREE TO ALL TERMS OF THIS RELEASE AND UNDERSTAND ITS CONTENTS. I UNDERSTAND AND AGREE THAT THIS RELEASE, AMONG OTHER THINGS, RELEASES APOGAEA INC. FROM RESPONSIBILITY FOR MY INJURIES OR DEATH TO THE GREATEST EXTENT PERMITTED UNDER COLORADO LAW .. IF PART OF THIS RELEASE IS FOUND TO BE INVALID OR OTHERWISE LIMITED BY APPLICABLE LAW, IT IS MY INTENTION THAT ALL REMAINING PROVISIONS BE INTERPRETED CONSISTENT WITH THE INTENT EXPRESSED IN THIS PARAGRAPH. I VOLUNTARILY HAVE SIGNED MY NAME EVIDENCING MY ACCEPTANCE OF THE ABOVE PROVISIONS. IF APPLICABLE (IF PARTICIPANT IS UNDER 18), MY PARENT OR LEGAL GUARDIAN GRANTS PERMISSION FOR ME TO TAKE PART IN THE ACTIVITY, AND HAS INDICATED THEIR PERMISSION BY SIGNING ON THE NEXT PAGE.
OTHER THAN FOR BREACH OF SECTION 4, NEITHER PARTY IS LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN FOR BREACH OF SECTION 4, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR DIRECT DAMAGES IN EXCESS OF THE LESSER OF (1) THE AMOUNT OF FEES PAID BY YOU TO APOGAEA, INC. IN THE TWELVE MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM; OR (2) FIVE HUNDRED DOLLARS.
3. I understand that during the Apogaea event, art installations, theme camps, vehicles (including but not limited to ‘mutant vehicles’ and ‘art cars’), events and performances will be held and/or on display and I understand that most of these activities are not owned or operated by Apogaea, Inc. and I assume all risks of injury or death arising from their operation and from my participation in any of these activities.
4. Use of Images
I UNDERSTAND AND ACCEPT THAT NO USE OF IMAGES, FILM, OR VIDEO OBTAINED AT THE EVENT MAY BE MADE WITHOUT PRIOR WRITTEN PERMISSION FROM APOGAEA, INC., OTHER THAN PERSONAL USE. 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 Apogaea event, of drawings or representations of the Apogaea sculpture, logos, trademarks and other intellectual property owned or licensed by Apogaea, or of the phrase “Apogaea,” is prohibited without prior written consent of Apogaea, Inc.
“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 Apogaea, Inc.), to display on photosharing websites, and to display at art exhibits or similar exhibits. Social networking sites such as Flickr and Facebook are deemed “Personal Use” only if the display of the images, film or video on these sites are not used for the promotion or distribution of images with the intent to publicly display them beyond one’s immediate network,.
I further assign to Apogaea, Inc. 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, Apogaea, Inc. can enforce against the third party any restrictions concerning use of the images, and I appoint Apogaea, Inc. as my attorney-in-fact to execute any documents necessary to effectuate such assignment. Apogaea, Inc. 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 Apogaea, Inc., 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 Apogaea, Inc., I agree that any permission, license or rights I may have granted this third party is completely void and invalid and that Apogaea, Inc. has the absolute right, as joint copyright owner, to require the third party to cease all use of the images, footage, film or video.
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, 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’s 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); (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 Apogaea, Inc., 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 Apogaea, Inc. notifies me that any such images must be removed, for any reason whatsoever in Apogaea, Inc.’s sole discretion, I will promptly remove or cause to be removed those images, and in the event after notification by Apogaea, Inc. any such images are not removed.
The only Creative Commons license Apogaea, Inc. 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.
Apogaea, Inc. forbids the making of private profit from the documentation of nudity at the event when images are presented in a sexual context, and/or without the express written permission of subjects. If you have seen a violation or suspect a problem of this nature, please contact the Rangers at the event or email email@example.com (year-round). Apogaea, Inc. requires any party interested in making a commercial enterprise out of their documentation of the event or distributing footage beyond Personal Use on personal friend/family networks to enter into a written contract with Apogaea, Inc.. Contact firstname.lastname@example.org. for more information on how to register for this permission. Such projects require Apogaea, Inc.’s review and approval prior to commercial distribution.
6. I acknowledge that the name “Apogaea” is a trademark owned by the Apogaea, Inc., and that all of Apogaea, Inc.’s logos, trademarks or other intellectual property are owned by Apogaea, Inc., and I understand that the Apogaea, Inc. controls all rights regarding the licensing and reproduction of any imagery recorded at the event. I agree that I will not use the mark “Apogaea,” the logos of Apogaea, or or any other trademark of Burning Man, on any website (except for Personal Use, as described in Paragraph 5) or in any other manner, commercial or otherwise, except for nominative or classic fair use. Apogaea, Inc. generally does permit the use of the mark “Apogaea,” the Apogaea logo, or the design of Black Rock City, without payment of any license fee, on materials that are given away or provided to supporters at any Apogaea, Inc. event (“Gift Materials”), with the following conditions (1) Apogaea, Inc. may, for any reason whatsoever in its discretion, determine that such use is not in keeping with Apogaea, Inc.’s quality control, and if so all such materials shall no longer be utilized; (2) no ungifted Gift Materials may be sold or transferred in exchange for something of value or distributed in any form such that the Gift Materials are likely to be sold or transferred in exchange for something of value.
7. 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 Apogaea, Inc. from any liability due to such filming, photographing or dissemination.
8. I hereby appoint Apogaea, Inc. as my representative to protect my intellectual property or privacy rights, recognizing that Apogaea, Inc. has no obligation to take any such action. I understand that, in the event Apogaea, Inc. files a lawsuit to takes action to protect my intellectual property or privacy rights pursuant to the appointment in this paragraph, and Apogaea, Inc. has information that my specific intellectual property or privacy rights have been violated and also has information as to my identity and my contact information, Apogaea, Inc. will make reasonable efforts to notify me of any such action by sending a communication to the contact information in Apogaea, Inc.’s possession.
9. I understand that some participants at the Apogaea 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 neither 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 or guardian 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.
10. I acknowledge that all vehicles including trucks, trailers and RVs entering the event are subject to search by Gate staff, for stowaways, dogs, guns, fireworks, or other prohibited items.
11. 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 Apogaea, Inc. from any and all persons participating in any such medical treatment from all responsibility for any such actions that are performed in good faith. I UNDERSTAND THAT ANY TREATMENT PROVIDED BY APOGAEA’S VOLUNTEERS IS POVIDED FOR THE EXCLUSIVE PURPOSE OF STABILIZING YOU UNTIL SUCH TIME AS YOU ARE ABLE TO GET QUALIFIED MEDICAL HELP FROM A PROFESSIONAL. NOTHING IN THIS SECTION IS INTENDED TO IMPLY THAT ANY ASSISTANCE PROVIDED IS INTENDED TO REPLACE QUALIFIED MEDICAL ADVICE.
12. 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.
13. In the event I am obtaining tickets for, or I provide any tickets to, any other person or persons, I recognize that I am acting as that person’s agent in obtaining the tickets, and due to this agency relationship I agree to these terms on behalf of any person to whom I deliver any of the tickets I purchase, and I shall notify any such person of these terms when I deliver a ticket to them.
14. I agree that Apogaea, Inc. is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies or similar causes that could impact the event and are out of the reasonable control of Apogaea, Inc.. I understand that tickets are nonrefundable even if the Event is terminated early, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation or conditions beyond Apogaea, Inc.’s control. Apogaea, Inc. will issue refunds or may otherwise offer tickets to a rescheduled event if the event as currently planned is canceled minus any expenses or expenditures incurred by Apogaea in connection with the actual purchase of the ticket or shipping fees.
15. I understand that: I must bring enough food, water, shelter and first aid to survive the entire length of the event in a harsh mountain environment; that commercial vending is prohibited, as are firearms, fireworks, rockets and other explosives; that this is a LEAVE NO TRACE, pack it IN, pack it OUT event; and that I agree to contribute 2 hours of clean-up time in addition to cleaning up my own camp.
16. This right to purchase a ticket, and the ticket you will receive at the gate to the event, is a revocable license that may be revoked by Apogaea, Inc. for reasonable cause including a material violation of these terms or a good faith concern with respect to safety of other participants based on your physical or mental state.
17. All sales are final. No refunds or exchanges will be issued for any reason other than cancelation of the event or as otherwise expressly stated herein. Fees are non-refundable except as stated in Paragraph 19.
18. Apogaea, Inc. retains the right to cancel, rescind or revoke your right to purchase tickets at any time prior to delivery of the actual tickets to the purchaser, for any reason whatsoever in Apogaea, Inc.’s sole discretion. In the event Apogaea, Inc. rescinds or revokes your right to purchase a ticket based on your conduct, you will be entitled to any refund. Your ticket will be mailed to you before the event and must be present for entry into the event. Apogaea is not responsible for lost or stolen tickets.
Will call tickets must be obtained by presenting a state issued photographic identification card that reflects the name under which you registered for a ticket. If you do not arrive at the gate with a photographic identification card that matches the name under which your right to obtain a ticket was purchased, you will not be admitted to the event and you will not be entitled to a refund of any kind.
19. You agree that Apogaea event is a collaborative participatory event and not a performance or exhibition. In other words, all attendees at the Apogaea event are expected to contribute to the overall experience of the event and to actively participate in it.
In some cases, tickets are provided to individuals on an advance sale and/or discounted basis as a consequence of their membership in the corporate body of Apogaea, Inc. (“Ignition Tickets”), their agreement to construct art for the Apogaea event in exchange for an art grant (“Granted Artist Tickets”), tickets granted free of charge for winning specific contests (“Free Contest Tickets”), or on the basis of financial need (“Scholarship Tickets”). All discounted tickets issued under these or any other programs are personal to the recipient and entirely nontransferable except to an individual who would also qualify for the same ticket as the original purchaser. Apogaea, Inc. retains sole and unfettered discretion to determine a proposed transferee qualifies to receive a transferred ticket under this Paragraph. Notwithstanding the foregoing, however, that if a single individual qualifies for more than one discounted or reserved ticket addressed by this Paragraph that individual may, in accordance with the other terms and conditions set forth herein, transfer their additional ticket to another individual as described in the following paragraph. Further provided that nothing contained herein shall entitle any individual to any form of discounted or reserved ticket; all discounted and reserved tickets are granted by the Apogaea, Inc. Board of Directors
If Apogaea, Inc. has reason to believe that you have failed to comply with any requirement imposed by this Paragraph 20 then your right to obtain a ticket or your ticket may, in Apogaea, Inc.’s sole discretion, be cancelled without advance notice and, once cancelled, the right to purchase a ticket will be null and void and will not grant the holder any right to obtain an actual ticket at the gate.
If Apogaea, Inc. is required to consult with an attorney or take legal action to enforce this paragraph or defend any action taken under it, you agree to pay Apogaea Inc.’s actual attorneys’ fees and costs (without regard to any reasonableness analysis) whether or not litigation occurs and whether or not Apogaea, Inc. prevails in any such litigation. In the event this paragraph, or any portion thereof, is deemed to be void as against public policy, you agree that the paragraph will be interpreted in a manner that effectuates the intent of this paragraph to the greatest extent permitted by law.
20. You will be asked to sign a liability waiver and may be asked to sign other documents as a condition of entry to the event.
21. Prior to the Event you agree to read the Apogaea event rules (https://apogaea.com/the-event/event-policies/), Leave-No-Trace rules, and current Apogaea. Inc. Survival Guide (available at www.apogaea.com).
22. These Terms and Conditions may be changed by Apogaea, Inc. prior to the event and, if so, the revised Terms and Conditions will apply to you within seven (7) days of being posted or you receiving electronic notice. If the modifications are material and would be detrimental to your legal rights, you may request a refund in writing within such seven (7) day period. Thereafter, no refunds will be permitted unless otherwise expressly permitted elsewhere in this agreement. The most current terms can be found at Apogaea, Inc.’s website.
BY PROCEEDING WITH THIS PURCHASE, 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 CHECK IT KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.