Attendance Terms and Conditions:
ImmerXion at Jam Canyon Terms and Conditions, Waiver, and Release Form
(“Terms and Conditions”)
In consideration of being allowed to participate in and attend any 2022 ImmerXion at Jam Canyon Event (the “Event” or the “ImmerXion Event”), I agree to comply with any and all rules, regulations, terms, and conditions of the ImmerXion Event, including but not limited to the following:
- This is a Private Event. No-one under the age of 18 without an accompanying legal guardian will be admitted. Each attending person must be invited and your name must appear on our guest list and will be checked in at the gate. NO EXCEPTIONS.
- 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 understand that my entry into the Event site may be subject to some form of a health check process that may include providing proof of COVID-19 vaccination status, a recent negative COVID-19 test, and/or some other health or safety requirement. I understand that the health check requirements may change over time in the sole determination of the Event Organizers, based on public health directives, and I agree to carefully review all current health check requirements published on our website prior to your departure for the Event. I understand that if I am unable or unwilling to satisfy all health check requirements in place at the time of the Event, I will be denied entry to the Event site and will not receive a refund for my ticket and/or vehicle parking or camping pass.
- 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., AntHill LLC, Grow Music Project Inc., Jam Canyon LLC, Deanerow LLC, Bad Penguin, and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “Event Organizers” or “EVENT ORGANIZERS”) and/or participants in the Event; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; (g) any use by participants and by Event Organizers 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 2022 IMMERXION EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD THE EVENT ORGANIZERS HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF THE EVENT ORGANIZERS, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
- I understand that during the ImmerXion Event, art installations, theme camps, vehicles (including but not limited to so-called “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 the Event Organizers. 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 understand that the novel coronavirus COVID-19 was declared a pandemic by the World Health Organization and is an extremely contagious disease that can cause severe illness and death. I understand that this Event is subject to enhanced health and safety measures, and I agree to comply with all health and safety requirements imposed by the Event Organizers or any government agency with jurisdiction over the Event. Despite these enhanced health and safety measures, I understand that there is a risk of exposure to COVID-19 or other communicable diseases at any public gathering like the Event regardless of test/vaccination status. BY ENTERING THE EVENT SITE, I KNOWINGLY AND VOLUNTARILY ASSUME THE RISK THAT I MAY BE EXPOSED TO OR INFECTED BY COVID-19 OR ANOTHER COMMUNICABLE DISEASE OR ILLNESS, AND/OR THAT I MAY EXPOSE OR INFECT OTHERS, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND/OR DEATH. I accept sole responsibility for any claims arising from or related to my participation in the Event, including any exposure to COVID-19 or health requirements at the Event site, and I agree that the waiver of liability and release set forth in Section 5 of these Terms and Conditions applies to any claim relating to COVID-19 or any other communicable disease.
- I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue the Event Organizers and other participants, sponsors, and if applicable, owners and lessors of equipment, art installations, and premises used to conduct the ImmerXion 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 ImmerXion 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. If the Event Organizers file a claim against me, however, I may file a counterclaim related to the same facts and circumstances. 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 ImmerXion 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.
- I acknowledge that people are using film, video, mobile phone and photographic cameras at the Event, and that my image may be captured on film, video, photographs, or any other form of imagery that may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release the Event Organizers 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 not indecent or 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 Gate staff for stowaways, dogs, guns, fireworks, handheld lasers, or other prohibited items.
- I agree to read and abide by the terms on the ticket front and/or back and all information provided on the ticketing online order form or at the time of guest list registration, or any other information as provided by the Event Organizers prior to or during the Event via email, text, social media posts or readily viewable on the Event Organizer’s websites.
- 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 the Event Organizers and all persons participating in any such medical treatment from all responsibility for any such actions.
- I agree that the Event Organizers are not liable for acts of God, the weather, health epidemics or pandemics (including worsening of the current COVID-19 pandemic), strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets and vehicle and camping passes are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond the Event Organizer’s control.
- I understand that (a) I must bring enough food, water, shelter, and first aid to survive the duration of the Event in a harsh environment; (b) guns, rockets, and other explosives are prohibited; (c) fireworks of any kind are prohibited; (d) handheld lasers of any kind are prohibited; (e) this is a LEAVE NO TRACE, pack it IN, pack it OUT event; and (f) I am asked to contribute all necessary time required to cleanup up my own camp or anything else that I have brought into the Event prior to my leaving the Event.
- Guest list inclusion or reservation, tickets, credentials, vehicle and camping passes (“Tickets”) are revocable licenses that may be revoked by the Event Organizers for any reason, including without limitation resale for above the price at which they were initially offered by the Event Organizers, plus applicable taxes and Event Organizers-approved fees (“Face Value”), purchasing more than stated limits, assisting people with unauthorized or un-ticketed entry to the Event, or failure to satisfy the health check requirements described in Section 1. I understand and agree that I may not post or display on any websites or social media accounts any photographs or videos of tickets, credentials and vehicle passes that display a QR code or the entire front or back of a ticket, credential, or vehicle pass.
- Refund and Cancellation Policy. ALL SALES ARE FINAL. No refunds or exchanges will be issued for any reason. Fees are non-refundable.
- Ticket Sales, Vehicle Passes and Registration for Ticket Sales. Pursuant to a series of ticket sale registration processes, a limited number of Event tickets and vehicle passes will be made available for free registration or sale. I understand that I will be informed of the applicable procedures for the ticket sale during my registration for that sale, and that by my registration, I agree to be bound by those procedures and to waive any right to challenge the procedures of the registration or the sale. During the registration period for a ticket sale, I may register for an opportunity to purchase tickets, but I understand that my registration does not guarantee me the right to purchase any tickets. Registrations may not be bought or sold under any circumstances, and any registrations discovered to have been purchased or sold will be deactivated and blocked from all future sales. Registrations created using email addresses from disposable domains or “dark mail” providers, or via any other technological means intended to circumvent these Terms and Conditions, are subject to cancellation in the sole discretion of the Event Organizers. At some time after the end of the registration period, I will be able to access the site for ticket purchases on a first-come, first-served basis. I understand that an online queue system may be used and, at the Event Organizers discretion, randomization may occur. Once through any queue, I understand that I will be able to purchase tickets only if tickets are available at the time I access the ticket purchase site. I understand that ticket, vehicle and camping pass buying limits and restrictions for each sale will be stated on the Event Organizers ticketing platform and I agree to be bound by those limits and restrictions in any sale in which they exist and I participate. Unless otherwise expressly allowed, vehicle passes may only be purchased in conjunction with an Event ticket, and the ratio of Event entry tickets to vehicle passes purchased shall not exceed two (2) Event tickets to one (1) vehicle pass. I UNDERSTAND THAT I MAY NOT REGISTER OR PURCHASE MORE THAN THE MAXIMUM NUMBER OF TICKETS PERMITTED AT ANY PRICE LEVEL, AND IF I ATTEMPT TO PURCHASE MORE THAN THE MAXIMUM NUMBER, ALL MY TICKET ORDERS MAY BE CANCELED, RESCINDED, AND REVOKED AND THE TICKETS VOIDED WITHOUT NOTICE OR REFUND. ALL VEHICLES DRIVEN INTO THE EVENT MUST HAVE A VALID VEHICLE 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 a designated parking area or to one’s camp location as directed by parking attendance staff and that a vehicle pass does not grant any additional on-site driving privileges. UNAUTHORIZED DRIVING WITHIN THE EVENT SITE IS PROHIBITED. During a ticket sale, and in any potential separate vehicle pass sale, depending on availability, I may have an opportunity to purchase vehicle passes. Each stand-alone vehicle driven through the Gate must have a vehicle pass. Trailers, and movable art or art cars on trailers do NOT require a vehicle pass.) The Event Organizers reserve the right to subject the use of vehicle passes to further terms and conditions, which will be published on the IMMERXION website (www.immerxion.net), and 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 in any sale, unless expressly stated otherwise, and that if I do so, my order will be canceled without notice. No ticket refunds will be issued because the ticket holder neglected or was unable to acquire a vehicle pass from the Event Organizers. To help mitigate traffic issues, the Event Organizers reserve the right to limit the number of vehicle passes available for the Event, and the number of vehicle passes an individual may purchase. As part of the ticket and vehicle pass purchase process, I understand that I must provide current contact information and a valid debit or credit card if the Ticket costs more than zero dollars ($0). Invalid debit or credit card numbers will be disqualified from participation, and I understand that I may NOT have an opportunity to provide a secondary form of payment. If I successfully purchase tickets, camping and/or vehicle passes, my debit or credit card will be charged automatically for the price of the ticket(s), camping pass(es), vehicle pass(es), a per-item and per-transaction service fee, and any applicable taxes and delivery fees. Once I successfully purchase tickets and/or camping and/or vehicle passes and my debit or credit card is charged, I cannot cancel or withdraw my order, and as with all ticket, camping, and vehicle pass sales, the sale is final. If my debit or credit card is declined by my financial institution for any reason, the sale to me will not be processed and I will not receive any tickets or vehicle passes, or be guaranteed a later opportunity to purchase tickets or vehicle passes. I understand that once I have purchased tickets through any sale (other than a sale that specifies additional purchases may be permitted in later sales), I will be ineligible to purchase any other tickets. 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 the Event Organizers and release the Event Organizers from any and all liability. The Event Organizers retains the right to cancel, rescind or revoke any ticket purchases or vehicle pass purchases at any time for any reason whatsoever at The Event Organizers’ sole discretion. I understand that if I sell or attempt to sell an ImmerXion Event ticket, camping pass or vehicle pass for above Face Value; purchase a ticket or vehicle pass with the intention of reselling it for above Face Value; offer a ticket or vehicle pass as a reward or prize in any sweepstakes, auction, contest, game, drawing, or fundraising campaign without the Event Organizers’ prior written authorization; or offer a ticket or vehicle pass as part of a travel package that includes shelter, meals, or other amenities at the Event, the Event Organizers has the absolute right, in its sole discretion, to cancel all ticket and vehicle pass orders in my name without notice. Once cancelled, the ticket or vehicle pass will be null and void and will not grant the holder any right to enter the Event, and the Event Organizers will not have any liability to refund any of the purchase price to the purchaser or ticketholder. the Event Organizers do not guarantee the validity of any Event ticket or vehicle pass unless it is purchased directly from the Event Organizers or its authorized agents. the Event Organizers may, in their sole discretion, partner with a third party to offer a ticket resale service. The Event Organizers may, in their sole discretion, work with one or more third parties to provide the ticketing website. the Event Organizers do not promise that the ticketing website will be error-free or uninterrupted. The website, content, and service are delivered on an “AS-IS” and “AS-AVAILABLE” basis, and THE EVENT ORGANIZERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I AGREE THAT THE EVENT ORGANIZERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE TICKETING WEBSITE OR FROM MY PARTICIPATION IN ANY TICKET SALE OR ACQUISITION PROGRAM ADMINISTERED BY THE EVENT ORGANIZERS OR ITS TICKETING PARTNERS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. The Event Organizers make no guarantee of the availability of any tickets or vehicle passes or of the ability to purchase tickets or vehicle passes from use of the website.who do not collect their tickets or vehicle passes before the Box Office and/or online sales portals close.
- Event Ingress and Egress. Due to the Event’s remote location, the vehicle capacity limitations of the roads leading to it, I understand that I may be subject to lengthy delays in entering and departing the Event. I will be prepared for long waits during both ingress and egress. I understand that if my vehicle is disabled or abandoned on the Gate Road while entering or leaving the Event, my vehicle may be towed out of the traffic lanes, and I expressly release the Event Organizers and its agents from liability for any damage to my vehicle that may result from the towing process.
- These Terms and Conditions shall be governed by and enforced according to the laws of the State of California 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 San Francisco, California, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
- 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 them. 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 understand that these Terms and Conditions may be changed by the Event Organizers prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at https://immerxion.net/attendance-rules-guidelines and any sub-pages thereunder. 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, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.