Burning Man Project Year-Round Event Terms and Conditions, Waiver, and Release Form
In consideration of being allowed to participate in this Burning Man Project community activity, offering, or event (the “Event”), you agree to comply with all rules, regulations, terms, and conditions of the Event, including but not limited to the following:
- Waiver of Liability and Release. You, on behalf of yourself and your agents, personal representatives, assigns, heirs, and next of kin, hereby waive any and all liability that Burning Man Project and its officers, directors, employees, volunteers, contractors, representatives, agents, affiliates, and subsidiaries (collectively, “BMP”) may owe to you and your agents, personal representatives, assigns, heirs, and next of kin for any and all loss, damages, claims or demands related to bodily injury, illness, property damage, economic loss, liability or expenses of any kind (collectively, Claims) that you may experience or incur, whether caused by the negligence of BMP or otherwise, associated with your participation in the Event. This waiver does not extend to rights or liabilities that cannot be waived as a matter of law, but you expressly agree that this waiver is intended to be as broad and as inclusive as permitted by governing law.You, on behalf of yourself and your agents, personal representatives, assigns, heirs, and next of kin (collectively “Releasors”), hereby release, discharge and hold harmless BMP from any claims and/or liability, actual or threatened, accruing as a result of your participation in the Event. Releasors covenant not to sue or assert any claims against BMP for any and all loss or damage on account of bodily injury (including death), property damage, or economic loss of any nature that is in any way related to the Event. Releasors further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. Releasors expressly waive all rights they may have under Section 1542 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. This release does not extend to claims that cannot be released as a matter of law, but you expressly agree that this release is intended to be as broad and as inclusive as permitted by governing law.
- Assumption of the Risk Relating to COVID-19 and Compliance with Event Health and Safety Plan. 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. You understand that this Event is subject to enhanced health and safety measures, and you agree to comply with all health and safety requirements imposed by BMP or any government agency with jurisdiction over the Event. Notwithstanding the foregoing sentence, you understand that there is a risk of exposure to COVID-19 at any public gathering. By entering the Event site, you voluntarily assume the risk that you may be exposed to or infected by COVID-19, and/or that you may expose or infect others, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You accept sole responsibility for any Claims (as defined above) arising from your participation in the Event, and you agree that the waiver of liability and release set forth in Section 1 of these Terms and Conditions applies to any Claims relating to COVID-19.
- Media Policy. By participating in the Event, you agree to the following terms and conditions for the use of any imagery obtained at the Event, including still photographs and videos (“Event Imagery”). Cameras will be welcome at the Event and have long been an important part of Burning Man’s storytelling history. BMP will monitor dissemination of Event Imagery for two primary reasons: (1) to preserve the Decommodification Principle, one of the 10 Principles of Burning Man; and (2) to protect Event participants’ rights to privacy, free expression, and creative immediacy. You may 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 BMP); and (3) posting on social networking websites (provided neither the post nor the account is promoting or affiliated with any commercial 2 enterprise). You understand that you have no right to make any use of Event Imagery other than Personal Use — including without limitation displaying Event Imagery in any commercial advertisement or promotional material — without BMP’s express written permission in advance, except to the extent that such use constitutes a fair use under United States law. You further agree to inform anyone to whom you give any Event Imagery that it can only be used for Personal Use.You understand that BMP and others will be recording the Event, and that your image may be captured on film, video, photographs, or other media (the “Event Recordings”) that may subsequently be displayed or disseminated without your consent or compensation of any kind to you. By entering the Event, you irrevocably grant to BMP and its authorized agents the right to record and use the Event Recordings, including composite or modified representations, for all purposes throughout the world and in perpetuity. You also expressly release BMP and its authorized agents from any and all liability in connection with the recording or use of the Event Recordings. You agree that BMP shall be the copyright owner of any Event Recordings created by BMP or its authorized agents. BMP may, but is not obligated to, include your name as a credit in connection with the Event Recordings. BMP is not obligated to use any of the rights granted in this paragraph.
- Intellectual Property Policy. You acknowledge that “Burning Man” and the Burning Man logo/symbol are registered trademarks of Burning Man Project, and that Burning Man Project has the exclusive right to license and enforce those trademarks, along with its other intellectual property (collectively, “Burning Man Intellectual Property”). Burning Man Intellectual Property includes without limitation all materials provided by BMP in connection with the Event unless specifically agreed otherwise in writing. Without the prior written consent of BMP, you understand that you may not use any Burning Man Intellectual Property, unless the use is authorized by these Terms and Conditions or constitutes a fair use under United States law.
- Minors at the Event. Unless the terms of a particular ticket or registration sale state otherwise, you understand that children under 18 years of age may attend the Event only if accompanied by a parent or legal guardian. If you bring a child under 18 to the Event, you agree to the contractual terms contained in these Terms and Conditions on behalf of that child. Individuals under 21 years of age are prohibited from purchasing, possessing, or consuming alcohol in any Event location. Any participant in breach of this prohibition, and any participant who knowingly furnishes alcohol to someone under 21 at the Event, will be ejected from the Event without refund.
- Event Ticket and Registration Policies. For any Event for which tickets or registrations are sold or otherwise required for entry, no one will be admitted to the Event without a confirmed Event ticket or registration. Event tickets and registrations are revocable licenses that may be revoked by BMP in its sole discretion, and BMP retains the right to cancel, rescind or revoke any Event tickets or registrations at any time for any reason whatsoever.In alignment with Burning Man’s Principle of Decommodification, EVENT TICKETS AND REGISTRATIONS MAY NOT BE SOLD FOR ADDITIONAL MARKUP ABOVE THEIR FACE VALUE (i.e., the amount charged by BMP plus any BMP-approved fees) or utilized to promote or raise funds for any project, entity, or individual. You understand that if you sell or attempt to sell an Event ticket or registration for above its face value, BMP has the absolute right, in its sole discretion, to cancel all Event tickets or registrations in your name without notice or refund of any amounts paid. Unless the terms of a particular ticket or registration sale state otherwise, ALL SALES ARE FINAL, and no refunds will be issued for any reason. All fees are nonrefundable. Unless the terms of a particular ticket or registration sale state otherwise, you may transfer your Event ticket or registration to another participant. If ticket or reservation transfers are permitted and you choose to transfer your ticket or reservation to another participant for a fee, you agree that the fee charged will not exceed the Face Value of the ticket or registration, and you understand that neither BMP nor the ticketing or registration platform can assist you with collecting any part of this fee. If permitted, ticket and registration transfers may happen at any time prior to or during the Event, but no tickets or registrations may be transferred, and no attempt to do so will be honored, after a ticket or registration has been scanned in or redeemed at the Event. BMP may, in its sole discretion, work with one or more third parties to provide the Event ticket and/or registration website. BMP does not promise that such website will be error-free or uninterrupted. The website, content, and service are delivered on an “AS-IS” and “AS AVAILABLE” basis, and BMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. BMP MAKES NO GUARANTEE OF THE AVAILABILITY OF EVENT TICKETS OR REGISTRATIONS OR OF THE ABILITY TO ACQUIRE THEM VIA THE WEBSITE.
- Force Majeure. You agree that BMP is not liable for any delays or cancellations of the Event or any component thereof due to any cause beyond BMP’s control, including without limitation weather; natural disaster; health epidemic or pandemic; unavailability of communication or utility services; war, riot, or labor difficulties; supplier failures; national or local emergency; federal, state or municipal law or regulation; damage to or destruction of Event facilities or locations; or denial of required permits or permissions (a “Force Majeure Event”). You understand that Event tickets are not refundable if the Event is terminated early or canceled in whole or in part due to a Force Majeure Event.
- Governing Law and Dispute Resolution. These Terms and Conditions are governed by and will be enforced according to the laws of the State of California, without regard to any conflicts of laws rules. Any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal and state courts located in San Francisco, California, and the parties submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
- Acceptance of Terms. If you are obtaining an Event ticket or registration for, or transferring an Event ticket or registration to, any other person, you recognize that you are acting as that person’s agent in obtaining the ticket or registration, and due to this agency relationship, you agree to these Terms and Conditions on behalf of any person to whom you transfer the ticket or registration, and you shall notify any such person of these Terms and Conditions at the time of transfer. If you have obtained a ticket or registration from another person, you agree to these Terms and Conditions when the ticket or registration is transferred to you. You represent and warrant that you have the full power, consent, and authority to enter into these Terms and Conditions. You understand that these Terms and Conditions may be changed by BMP prior to the Event, and if so, the revised Terms and Conditions will be published at burningman.org/year-round-terms-and-conditions and will apply to you. Your entry into the Event signifies your binding agreement to the Terms and Conditions in effect at the time of your entry.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY; YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS; AND YOU DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.