The Everywhen Release of Liability
1) Voluntary Participation/Assumption of Risk
I acknowledge that am voluntarily participating in the Everywhen Event (hereinafter “Activity”) and assume all risks associated with my attendance which may include, but not be limited to, physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from my own or other’s actions, inactions, or negligence, or the condition of the Activity’s location or facilities. Nonetheless, I assume all risks of my participation in the Activity, whether known or unknown to me, including travel to and from the Activity (including air travel) or any events incidental to this Activity. These risks also include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the organizers of the Activity, i.e., the Everywhen, the Everywhen Event and its officers, directors, employees, agents, representatives, and volunteers (collectively, “The Everywhen Project”), and its participants, volunteers, vendors, 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; and (g) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable. I knowingly and voluntarily assume all risk of property loss, personal injury, or death, which may occur by attending the Activity.
2) Medical Treatment
If I need medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that any and all parties associated with the Activity do not provide health insurance for me and that I should carry my own health insurance.
I consent to medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release The Everywhen Project and all persons participating in any such medical treatment from all responsibility for any such actions.
I certify that I am physically able to participate in the Activity, including any activity or performance associated therewith, and have not been advised otherwise by a qualified medical professional.
3) Release of Liability
a. The Everywhen Project
I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue The Everywhen Project, its officers, directors, members, employees, volunteers, representatives, agents, landlords, contractors and subcontractors, and other participants, vendors, sponsors, affiliates, and if applicable, owners and lessors of equipment, art installations and premises used to conduct the Activity or related activities (collectively the “Releasees”), for any and all claims for damages, injuries, losses, liabilities and expenses that 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 Activity, including any injury or damage to my person or property, or to that of any other person or property. 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.
b. Kern County
In consideration of the granting of permission by the County of Kern to use County facilities and to participate in the activities, I hereby assume all risk of personal injury to person or property received by me or arising out of the use of the County facilities and adjacent area.
If I am a parent or guardian, I acknowledge that I am responsible for my children at all times. I understand that there are potentially extreme weather conditions at the Activity site, and that I am solely responsible for ensuring that my children are safe. I hereby release the Everywhen Project and the County of Kern, and their respective agents, employees and subcontractors, whether paid or volunteer, from any liability related to injuries or accident, which may arise from my children (or children in my care) being near or participating in any activity on the the Everywhen Event property.
Rules and Regulations
I agree to comply with any and all rules, regulations, terms and conditions of the Event, including, but not limited to, the following:
Prohibited Items/Consent to Search
I acknowledge the following are prohibited at the Activity: Firearms. Explosives. Pets. Illegal Drugs. All vehicles including trucks, trailers and RVs entering the Activity are subject to search by gate staff for prohibited items. By executing this waiver, the undersigned voluntarily agrees to such search.
Participation by Minors
I understand that minors under 18 years of age can attend the Activity only if accompanied by a parent or guardian, and that if I bring a minor to the Activity I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor.
The first 100 tickets for children 10 and under are free, after that children are charged the full adult price.
In the event I obtain tickets for any other person or persons, I recognize that I am acting as that person’s agent, 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 I shall notify any such person of these terms.
Leave No Trace/Fire Danger
I understand that the Activity is a Leave No Trace, “pack-it-in, and pack-it-out” event. I shall bring home with me anything I bring in, including garbage and recycling.
I understand that the Activity is taking place during a high fire danger period and that open fires outside of designated zones are not allowed. If I smoke, I shall properly extinguish my cigarette butts and pack them out in adherence with Leave No Trace principles.
Right to Refuse
I understand that the Everywhen Event reserves the right to refuse entry, and that my Event ticket/permission to be present at the Event may be revoked by the Everywhen Event at any time, for any reason.
Refund and Cancellation Policy
In the event that Everywhen Project is cancelled due to COVID-19 mandates, ticket purchase price will be refunded upon request. The State of California/Kern County shall dictate Covid mandates, if any, at the time of the event.
If a ticket holder fails a thermal check upon entry, every person in the vehicle will be turned away at the gate and each shall be issued a refund. (Participants may choose to purchase a Covid-19 rapid test on site, and a negative result will override a thermal check fail. A positive test will result in refunds and no option to participate in the Everywhen 2021 event.)
These are the sole exceptions allowing for refunds. In all other situations, ticket prices are nonrefundable.
I agree that The Everyone Project is not liable for acts of God, the weather, strikes, protests, terrorism, or actions taken by government agencies and similar causes. I understand that tickets are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation or conditions beyond The Everywhen Project’s control.
Use of Images
By attending the Everywhen Event, I accept the Terms and Conditions for the use of photographic imagery, whether still or video. I understand and accept that no use (other than personal use) of images, film, or video obtained at the Event may be made without prior written permission from The Everywhen Project. “Personal Use” of images, film or video means sharing with friends and family, displaying on personal (non-commercial) websites, (so long as such website does not purport to be an official website of The Everywhen Project), and/or displaying on photosharing websites.
I understand that any commercial photography, film, or video recording requires prior written permission from The Everywhen Project. Without such permission, 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 anything other than Personal Use without such written permission from The Everywhen Project, I agree that any permission, license or rights I may have granted this third party is completely void and invalid and that The Everywhen Project has the absolute right, to require the third party to cease all use of the images, footage, film or video.
The only Creative Commons license approved by the Everywhen Event for personal use licensing is the Creative Commons BY-NC-SA license, Attribution-Noncommercial-ShareAlike http://creativecommons.org/licenses/by-nc-sa/3.0/.
I acknowledge that while at the Activity, my likeness may be captured on film, video or photography, which may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release the Everywhen Event from any liability due to such filming, photographing or dissemination. Furthermore, I acknowledge that my likeness may be used by The Everywhen Project and/or those granted written permission from The Everywhen Project for event documentary and/or promotional purposes.
The Everywhen Event is a DO NO HARM event. I understand that if I am found to be in violation of this primary directive IN ANY WAY, I risk legal repercussions, expulsion from the Everywhen Event, as well as any future events produced by the Everywhen Project.
These Terms and Conditions may be changed by the Everywhen Project prior to the Event, in which case the revised Terms and Conditions will apply.
COVID-19 SAFETY DISCLAIMER
At this time, risk of Covid 19 exposure is possible at any public gathering. Your attendance at the Everywhen Event means you acknowledge this risk, and expressly agree to comply with any and all rules and safety guidelines put in place by the event organizers, voluntarily assume all risks related to exposure to COVID-19, waiving all claims and potential claims against the event organizers, and their affiliated companies relating to such risks. DO NOT attend the Everywhen Event if any of the following is true for you or anyone in your party:
• Within 14 days before attending the festival you have tested positive, or been exposed to someone who has tested positive for, COVID-19
• Within 48 hours prior to attending the festival, you have experienced symptoms of COVID-19 (e.g., a fever of 100.4F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking muscle pain/aches, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention)
• Within 14 days prior to attending the festival, you have traveled to any international territory identified by federal or applicable state or local governments as being subject to travel or quarantine advisories due to COVID-19.