Terms and Conditions, Waiver, and Release Form
(collectively referred to herein as the “Terms and Conditions”)
In consideration of being allowed to attend and participate in the 2019 Serenity Base Festival event (the “Event” or “SBF”), I agree to comply with any and all rules, regulations, terms, and conditions of the Event, including but not limited to the following:
I certify that I am physically able to participate in the Event and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional.
I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of the organizers of the Event, i.e., Tranquility Launch Pad, Inc. and its officers, directors, employees, agents, representatives, volunteers, vendors, contractors, and affiliates (collectively, “Tranquility Launch Pad”) and/or participants in the Event; (b) conditions of the premises or equipment used, including without limitation, the conditions of the lake or other bodies of water located in or around the premises for the Event; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; (g) the widespread use by participants and by Tranquility Launch Pad of fire, pyrotechnics, flame effects, explosions, and other similar activities; and (h) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD Tranquility Launch Pad HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF TRANQUILITY LAUNCH PAD, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
I understand that during the Event, art installations, theme camps, vehicles (including but not limited to participant vehicles and vendor vehicles or trailers), events, and performances will be held and/or on display, and I understand that most of these activities are not owned or operated by Tranquility Launch Pad. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THE OPERATION OF AND/OR MY PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN SECTION 2 APPLIES TO ANY RELATED INJURY I MIGHT SUSTAIN.
I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue Tranquility Launch Pad and other participants, sponsors, and if applicable, owners and lessors of equipment, art installations, and premises used to conduct the Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses that I may have or that may subsequently accrue to me relating to, resulting from, or arising out of my participation in the Event, including in any programs, events, art installations, or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of my participation in the Event, including in any programs, events, art installations, or activities at the Event. 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.
By entering the Event, all participants agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Participants may only use Event 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 the Event or Tranquility Launch Pad); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise).
I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM TRANQUILITY LAUNCH PAD, OTHER THAN PERSONAL USE (as defined above). I understand that I have no right to sell, transfer, license, sublicense, or give my Event Imagery to any other party, except for Personal Use, and I agree to inform anyone to whom I give any Event Imagery that it can only be used for Personal Use. I further agree to be bound by the Event’s Photography Policy a copy of which can be found at www.serenitybasefest.com. Please read our Photography Policy at http://serenitybasefest.com for more information.
All photographers using DSLRs or cameras with detachable lenses are required to have media credentials to take pictures at the Festival. Parties wishing to obtain media credentials can submit a Press Request via Contact Us on the website at www.serenitybasefest.com. Any party interested in making any commercial use of their documentation of the Event or in distributing footage beyond Personal Use must, however, enter into a separate written agreement with Tranquility Launch Pad prior to any such use.
I acknowledge that the use of Drones is specifically prohibited at the Event.
I acknowledge that “Serenity Base Fest,” “SBF,” “Tranquility Launch Pad,” and all logos and symbols associated therewith are registered trademarks owned by Tranquility Launch Pad, Inc. and that Tranquility Launch Pad, Inc. has the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by Tranquility Launch Pad, Inc., including any likenesses, drawings, and representations of the Event (collectively, “SBF Intellectual Property”).
WITHOUT THE PRIOR WRITTEN CONSENT OF TRANQUILITY LAUNCH PAD, I UNDERSTAND THAT I MAY NOT USE ANY SBF INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized in writing by Tranquility Launch Pad.
Tranquility Launch Pad generally does permit the use of SBF Intellectual Property, without payment of any license fee, on materials that are given away at or in connection with the Event (“Gift Materials”), with the following conditions: (1) Tranquility Launch Pad may, for any reason in its discretion, determine that such use is not in keeping with Tranquility Launch Pad’s quality control, and if so, all such materials shall no longer be distributed; and (2) no Gift Materials may be sold (including to recoup the cost of producing them), exchanged for something of value, or distributed in any manner in which the Gift Materials are likely to be sold or exchanged for something of value.
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 that may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release Tranquility Launch Pad from any liability due to such capturing, display, or dissemination.
I understand that some participants at the 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 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.
I understand that children under 18 years of age may attend the Event only accompanied by a parent or guardian, and 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.
I acknowledge that all vehicles, including trucks, trailers, and recreational vehicles, entering the Event are subject to search by Tranquility Launch Pad staff for stowaways, dogs, guns, live plants, fireworks, handheld lasers, or other prohibited items.
I agree to read and abide by all the terms set forth on the SBF website (http://www.serenitybasefest.com) or otherwise provided to me by the Event or Tranquility Base Fest including, without limitation, information included with 2019 SBF wristband.
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 at the Event. I release Tranquility Launch Pad and all persons participating in any such medical treatment from all responsibility for any such actions.
If I am obtaining tickets and/or vehicle passes for, or providing any tickets and/or vehicle passes to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or vehicle passes, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the tickets and/or vehicle passes I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket and/or vehicle pass to him or her. If I have obtained a ticket and/or vehicle pass from another person, I also agree to these Terms and Conditions when the ticket and/or vehicle pass is delivered to me.
I agree that Tranquility Launch Pad is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets and vehicle passes are non-refundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond Tranquility Launch Pad’s control.
I understand that (1) I must bring enough food, water, shelter, and first aid to survive the duration of the Event in a potentially harsh environment Please see the Camping FAQ (http://www.serenitybasefest.com) for more information and packing guidelines; (2) guns, fireworks, rockets, and other explosives are prohibited; (3) lasers of any kind are prohibited; and (4) I and others in my party are responsible for properly disposing of all trash and recycling all recyclable items at my camp (Please do not bring single-use plastic bottles to the Event).
I understand that commercial vending of any kind, including without limitation the provision of any goods or services delivered to or at the Event for a prepaid fee, is prohibited except as authorized by Tranquility Launch Pad.
Tickets, credentials, and vehicle passes are revocable licenses that may be revoked by Tranquility Launch Pad for any reason, including without limitation, purchasing more than stated limits, or assisting people with unauthorized or un-ticketed entry to the Event.
Refund and Cancellation Policy: All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable. Please read ourTicketing FAQ at www.serenitybasefest.com for more information.
ALL VEHICLES DRIVEN INTO THE EVENT MUST HAVE A CAR CAMPING OR RV PASS displayed in the windshield. I understand that a vehicle pass only grants the ability to drive a vehicle into the Event site and directly to one’s camp location as directed by Event staff and that a vehicle pass does not grant any additional on-site driving privileges. UNAUTHORIZED DRIVING WITHIN THE EVENT SITE IS PROHIBITED. Each stand-alone vehicle driven through the Gate must have a vehicle pass. (Motorcycles, trailers, and art cars on trailers do NOT require a vehicle pass.) Tranquility Launch Pad reserves the right to subject the use of vehicle passes to further terms and conditions, which would be published on the SBF website (www.SerenityBaseFest.com) and/or at the Event. I understand that vehicle passes are not Event tickets and do not grant any person entry to the Event without a separate Event ticket. Likewise, the purchase of an Event ticket does not include the right to drive a motor vehicle into the Event or reserve a vehicle pass for that ticket holder. I understand that I may not purchase only a vehicle pass; to purchase a vehicle pass, I must also purchase at least one Event ticket. I understand that if I purchase only a vehicle pass, my order may be canceled. No ticket refunds will be issued because the ticket holder neglected or was unable to acquire a vehicle pass from Tranquility Launch Pad. To help mitigate traffic issues, Tranquility Launch Pad reserves the right to limit the number of car and RV camping passes available for the Event, and the number of vehicle passes an individual may purchase. Please visit the camping information page at (http://www.serenitybasefest.com/camping/) for more information.
As part of the ticket and vehicle pass purchase process, I understand that I must provide current contact information and a valid credit card. Invalid credit card numbers will be disqualified from participation, and I understand that I will NOT have an opportunity to provide a secondary form of payment. UNLESS Tranquility Launch Pad EXPLICITLY STATES OTHERWISE, ONLY ONE TICKET PURCHASE PER PERSON AND PER CREDIT CARD IS ALLOWED.If during a ticket and/or vehicle pass sale, I successfully purchase tickets and/or vehicle passes, my credit card will be charged automatically for the price of the ticket(s), vehicle pass(es), a per-ticket or per-transaction service fee, and any applicable taxes and delivery fees. Once I successfully purchase tickets and/or vehicle passes and my credit card is charged, I cannot cancel or withdraw my order, and as with all ticket and vehicle pass sales, the sale is final. If my credit card is declined by the credit card company for any reason, the sale to me will not be processed and I will not receive any tickets or vehicle passes.
For any ticket or vehicle pass sale or sale registration, if for any reason whatsoever, including computer or software malfunction, mistake or inadvertence, network congestion or crashes, I am not able to purchase any tickets or vehicle passes through the sale process, or my registration for a sale or the purchase of tickets or vehicle passes is not processed, or I receive a notice that my ticket or vehicle pass purchase or ticket registration is rescinded, revoked, canceled, or made in error and my credit card payment is credited to my credit card account, I waive any claim against Tranquility Launch Pad and release Tranquility Launch Pad from any and all liability.
Tranquility Launch Pad retains the right to cancel, rescind or revoke any ticket purchases or vehicle pass purchases at any time for any reason whatsoever at Tranquility Launch Pad’s sole discretion. Only ticket orders placed through the Eventbrite website are guaranteed to be authentic. Please visit the tickets and lineup pages at http://SerenityBaseFest.com for ticketing FAQs, wristband FAQs and other information regarding the types of tickets available and purchasing tickets and car/RV passes.
Tickets and vehicle passes will ship to the billing address I listed during the purchase process, unless I subsequently requested that my order be shipped to a different address. If the ticket website contains a procedure to allow any change of the delivery address, I must make any requests to change the delivery address prior to May 30, 2019. I understand, however, that any such address change may not be processed and my tickets and vehicle passes may ultimately be mailed to the original address I listed, and I release Tranquility Launch Pad from any liability concerning the tickets or vehicle passes.
Low Income tickets, orders with shipping addresses outside of the US and Canada, any tickets and vehicle passes for which no delivery address is specified during the ticket registration or ticket purchase process, and, at Tranquility Launch Pad’s discretion, any orders that are returned to Tranquility Launch Pad by the shipping provider will be held at Will Call at the entrance of the Event. Will Call tickets and vehicle passes are held for pick up at the Will Call office located at the entrance of the Event. Unless other arrangements have been made with Tranquility Launch Pad, or the buyer has initiated a transfer of their order into another person’s name through the system operated by Eventbrite, only the person under whose name the tickets or vehicle passes were purchased may pick them up at Will Call, and they must present valid legal photo identification in order for tickets or vehicle passes to be released. No refunds will be processed for patrons who do not have valid identification and therefore are unable to pick up Will Call tickets or vehicle passes. I understand that I am responsible for checking the age minimum for the Event, and that no refunds will be processed for participants who are denied entry due to not having valid identification that demonstrates they are 18 years or older, or if under 18 years old, due to not being accompanied by a parent or guardian. If I or my child wishes to attend the event with a trusted friend or family member, I must complete all necessary paperwork to grant temporary guardianship, recognized by the state of Illinois. Paperwork must be provided to Tranquility Launch Pad proving such guardianship. Please visit the General FAQs on the website (www.serenitybasefest.com) for more information.
I understand that the Will Call office closes at 8pm CST on August 9th, 2019, and that no tickets or vehicle passes held for Will Call pickup may be collected after then. No refunds will be issued for participants who do not collect their tickets or vehicle passes before the Will Call office closes.
Due to the remote location of the Event, the vehicle capacity limitations of the roads leading to the Event location, and restrictions placed by local and/or state authorities on maximum population at the Event, I understand that I may be subject to lengthy delays in entry to the Event and in leaving the Event. I will be prepared for long waits upon leaving the Event, and long waits at the entrance to the Event before entry into the Event especially in the event authorities delay entry based on its determination that the maximum population has been reached.
These Terms and Conditions shall be governed by and enforced according to the laws of the State of Illinois without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in Chicago, Illinois, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
I understand that these Terms and Conditions may be changed by Tranquility Launch Pad prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at Serenitybasefest.com. My use of a ticket or other entry credential for entry to the Event signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the Event.
I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, AND ALL OTHER POLICIES, CODES OF CONDUCT AND OTHER INFORMATION REGARDING THE EVENT AND Tranquility Launch Pad CONTAINED ON THE SBF WEBSITE (www.serenitybasefest.com). I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.