Terms and Conditions, Waiver, and Release Form (“Terms and Conditions”)
In consideration of participating in and attending the Burning Man event (the “Event” or “Burning Man”) as a resident of the RhythmWave Theme Camp (“RhythmWave” or “RW”), I agree to comply with any and all rules, regulations, terms, and conditions, including but not limited to the following:
1. I certify that I am physically able to participate as a resident of RhythmWave in the Burning Man Event, and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional.
2. 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 Burning Man Event, i.e., Black Rock City, LLC and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “BRC”) and/or participants in the Event; (b) the actions, inactions, or negligence of the organizers of the RhythmWave Theme Camp, i.e., RhythmWave, or RW, and its officers, managers, directors, trustees, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “RW”) and/or participants in the Event; (c) conditions of the premises or equipment used; (d) rules and regulations regarding the activities; (e) temperature; (f) weather; (g) condition of participants; (h) the widespread use by participants and by BRC of fire, pyrotechnics, flame effects, explosions, and other similar activities; and (i) 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 AS A RESIDENT OF THE RHYTHMWAVE THEME CAMP AT THE BURNING MAN EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD RW HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF RW, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
3. I understand that during the Burning Man Event, art installations, other 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 BRC or RhythmWave. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THEIR OPERATION AND FROM MY PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN SECTION 2 APPLIES TO ANY INJURY I MIGHT SUSTAIN RELATING TO MY PARTICIPATION IN ANY OF THESE ACTIVITIES.
4. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue RW, its officers, managers, directors, trustees, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment, art installations and premises used to conduct RhythmWave 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 use and/or participation in the Burning Man Event as an RW resident, including 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. However, if RhythmWave files a claim against me, 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 Burning Man Event as an RW resident, including in any program, event or activity 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.
5. I understand that some participants and/or other RhythmWave residents may engage in expressive activity and dress, which may include partial or full nudity and other types of expressive activity. I agree that such expressive activity and dress is not indecent nor offensive to me, and that I have decided to attend the Event and camp with RhythmWave 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.
6. I agree to read and abide by these terms and all information listed in the Frequently Asked Questions (“FAQ”) section of the RW website (http://www.rhythmwave.org/faq/).
7. 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 Burning Man Event. I release RW, BRC, and all persons participating in any such medical treatment from all responsibility for any such actions.
8. I agree that RW is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that RW camp and meal plan fees are nonrefundable after the start of the Event, 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 RW’s control.
9. These Terms and Conditions may be changed by RW prior to the Event, and if so, I acknowledge that the revised Terms and Conditions will apply to me. The most current version can be found on this page (http://www.rhythmwave.org/terms-and-conditions/).
10. AS A RESIDENT OF THE RHYTHMWAVE THEME CAMP AT BURNING MAN IN 2019, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.