Data and Information Protection We Collect or You Provide Us
Personal information is collected when a Visitor of the Sites provides such information knowingly through registration or a contact form, from third parties and referrals, and passively through technology such as cookies. Personal information includes personal data, contact information, company and business information, and interpersonal information.
"Personal Data" means data that allows someone to identify or contact You, including, for example, Your name, address, telephone number, e-mail address, as well as any other non-public information about You that is associated with or linked to any of the foregoing data.
We may collect Personal Data from You, such as Your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when You create an Account to log in to our network.
If You order Services on the Sites, we will collect all information necessary to complete the transaction, including Your name, credit card information, billing information and shipping information.
We retain information on Your behalf, such as files and messages that You store using Your Account.
If You provide us feedback or contact us via e-mail, we will collect Your name and e-mail address, as well as any other content included in the e-mail, in order to send You a reply.
When You participate in one of our surveys, we may collect additional profile information.
When You post messages on message boards of the Sites, the information contained in Your posting will be stored on our servers and other users will be able to see it.
We also collect other types of Personal Data that You provide to us voluntarily, such as Your operating system and version, product registration number, and other requested information if You contact us via e-mail regarding support for the Services.
We may also collect Personal Data, such as at other points in the Sites that state that Personal Data is being collected.
To make the Sites and Services more useful to You, our servers (which may be hosted by a third party service provider) collect information from You, including Your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to Your computer when You use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for Your visit.
Also, please note that the Sites may contain links to third party websites. These third party websites may send their own cookies to collect data and solicit personal information. Therefore, we cannot guarantee Your privacy when visiting such third party sites, nor the accuracy or acceptability of any services provided by such third parties.
When users submit sensitive information via the Sites (such as credit card numbers or social security numbers), that information is encrypted and is protected with SSL encryption software.
Uses of Your Information
We use the Personal Data that we receive to operate the Sites, produce our Events, and in certain other ways, including:
to facilitate the creation of and secure Your Account on our network;
to identify You as a user in our system;
provide improved administration of the Sites and Services;
provide the Services You request;
improve the quality of experience when You interact with the Sites and Services;
send You a welcome e-mail to verify ownership of the e-mail address provided when Your Account was created;
send You administrative e-mail notifications, such as security or support and maintenance advisories;
respond to Your inquiries related to employment opportunities or other requests;
to make telephone calls to You, from time to time, as a part of secondary fraud protection or to solicit Your feedback; and
to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes.
We do not rent, sell, or share Your personal information with any other entity, except when:
We have Your permission; or
We respond to subpoenas, court orders, or other legal process; or when we must exercise our legal rights, protect our property, defend against legal claims, or otherwise comply with the law, or
You order tickets to an Event and other items on line at the Sites, and Your order is processed in collaboration with a third party company, which are instructed to not share or sell Your information.
ONDALINDA may at times contact You at Your email address to keep You informed about local events, announcements, and other related opportunities. Should You not want to receive such information, You will find details about how to opt out the first time You are contacted.
In the unlikely event that ONDALINDA is acquired or transferred, or changes entity status through any type of transaction (including an asset sale, merger or bankruptcy), the personal information will be among the transferred assets.
We reserve the right to remove a user from the Sites without notice at our discretion if there are reasonable grounds to believe You have breached any of the restrictions above.
Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in Your country.
You can change Your personal information by contacting firstname.lastname@example.org. If You have any questions, please email email@example.com.
Our Limits on Liability Events, During Use of the Site, other ONDALINDA Services
ONDALINDA disclaims liability arising out of use of the Sites, attendance at an event, or any ONDALINDA affiliated activity. In no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, lost registration fees, profits, goodwill, use, data, lost real estate opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to Your use of or access to, or the inability to use or to access, the Site or the services (including Your attendance at one of our events), regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between You and any third party merchants or service providers or for any information appearing on third party merchant or service provider sites or any other site linked to our Sites.
Without limiting the foregoing, we do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Sites and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features. While we use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, We do not warrant that the information on the Sites itself will be free from errors or omissions. We do not warrant that the Website will be available uninterrupted and in a fully operating condition.
Access to the Sites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. All content and services on the Sites are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty, and hereby disclaim all express or implied warranties, in respect of the Sites or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Sites, including without limitation the implied warranties of non-infringement, merchantability, data accuracy, fitness for a particular purpose and quiet enjoyment. Any decisions or action taken by You on the basis of information provided on or via the Sites are at Your sole discretion and risk and You should obtain individual professional advice where necessary.
CONDUCT ON THE SITES
b) Your participation is based upon the assumption that all information You provide regarding yourself is truthful and accurate. Misleading or false information is sufficient reason for us to terminate Your account.
c) You represent that You have the proper authorization to submit all content that You submit to the Sites or through the Services. You will be entirely responsible for each individual item of content that You post on the Sites, and, as between You and us, You retain ownership and any intellectual property rights in the content You post. You agree to grant us a non-exclusive, royalty-free, fully paid, fully sub-licensable, worldwide license to use, reproduce, distribute, publicly display, publicly perform, modify, make, have made, sell, offer for sale, import and otherwise exploit the content in all media now known and later developed, and to allow others to do the same.
d) We reserve the right to remove any content posted by You or other members at our sole discretion, for reasons including but not limited to that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any party's intellectual property or privacy.
e) While we do our best to monitor the content of the Sites, You understand and agree that You may encounter material with which You disagree or find objectionable, and that You use the Sites with this understanding and acceptance, and do not hold ONDALINDA liable.
f) We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted in the Sites, forum or elsewhere, nor do we endorse opinions expressed in the forum or elsewhere.
g) Use of the ONDALINDA name and/or logo for any purpose, event or promotion without our written express consent is prohibited and may result in the termination of the user's account on the Sites and access to future events.
defame, abuse, harass, harm or threaten others;
make any bigoted, hateful, or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
post or distribute any material that infringes and/or violates any right of a third party or any law;
post or distribute any vulgar, obscene, discourteous, or indecent language or images;
advertise or sell to or solicit others, excessively;
use the Sites for commercial purposes of any kind;
post or distribute any software or other materials that contain a virus or other harmful component;
restrict or inhibit any other user from using and enjoying the services or features of the Sites;
restrict or inhibit any other user from using and enjoying the services or features of the Sites;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the Sites;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
use the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
interfere with or disrupt any servers or networks used to provide the Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Sites;
gain, or attempt to gain, unauthorized access to the Sites, or any account, computer system, or network connected to this Sites, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites; and
gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites.
i) You alone are responsible for the confidentiality and security of Your account, username, password and usage. You are also accountable for all activities regarding Your account, with or without Your knowledge or permission. If You knowingly provide Your log-in information to another person, Your membership may be suspended temporarily or terminated. ONDALINDA assumes no liability for activities of Your account accessed through Your password and username. You may not use the Sites for any illegal purpose in any country or jurisdiction. You agree to notify us immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to protect Your password or account information.
j) You are not permitted to post content or initiate any communications that we, in our sole and absolute discretion, consider libelous, scandalous, abusive, obscene, discriminatory, unlawful, or otherwise objectionable.
k) It is not permitted to make available any content or initiate communication that infringes upon the patents, trademarks, trade secrets, copyrights or other proprietary rights of third parties, whether personal, corporate or governmental.
ATTENDEE CONDUCT AT EVENTS
All participants and attendees at Events, including You and Your guests, must be approved by ONDALINDA through advance registration and wear official wristbands designating proper registration.
We reserve the right to remove attendees who do not comply with the proper registration, security procedures or requirements of attendee conduct outlined below at any point during an event without a refund. ONDALINDA reserves the right to remove anyone who disobeys any requirements, procedures, policies or regulations of an Event.
You may not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
You may not aid in gaining an unauthorized person access to an Event; this is grounds for removal without refund.
You must not defame, abuse, harass, harm or threaten others, make any bigoted, hateful, or racially offensive statements.
You may not advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person.You may not post or distribute any material that infringes and/or violates any right of a third party or any law or post or distribute any vulgar, obscene, discourteous, or indecent language or images.
You may not advertise or sell to or solicit others excessively.
You may not hand out, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
If You are unable to attend an Event for any reason, You may be eligible to receive a refund of any registration fees previously paid in accordance with ONDALINDA's Cancellation and Refund Policy provided below.
If we deem any online, social networking, or other media reference post, article, photo or video regarding an Event inappropriate, the offender is required to take down the material immediately upon our request for removal. If the posting is made during an Event, this may be grounds for dismissal from an Event, removal and preclusion from the Sites and future involvement in ONDALINDA.
Without limitation of the foregoing, ONDALINDA may, in its sole and absolute discretion, remove You or any other attendee from an Event, without explanation, either before or during an Event, if such attendee engages in any unlawful, unauthorized, prohibited, improper, or unethical activities, or any other acts or omissions that we deem worthy of Your removal from an Event.
CANCELLATION AND REFUND POLICY
If You become unable to attend an Event, You must inform ONDALINDA via email at firstname.lastname@example.org in order to cancel Your registration.
2022 ONDALINDA x CAREYES T&Cs
TICKETS PRICES + ACCOMODATION FEES & TAXES FOR ONDALINDA X CAREYES 2022
Ticket prices (baseline):
ACCOMODATION AND TICKETS TAXES AND FEES
1/ The baseline rental price is confirmed with homeowner
2/ IF MEXICAN COMPANY IS INVOICING, we add 16% VAT + 3% Accommodation tax
3/ We add staff fee of 5% for all houses
= TOTAL ACCOMMODATION
1/ Baseline price (depending on which month: (May & June = $1,950 USD, Jul & Aug = $2,350 USD, Set, Oct up to 8th of Nov = $2,650)
2/ Add California Tax 7.25% (on the cost of tickets only)
= TOTAL TICKETS
Total Accommodation + Total tickets
1/ Add processing fee Stripe 2.9% (on the total accommodation + tickets)
= GRAND TOTAL
ACCOMMODATION AND TICKETS - TERMS
A minimum of a 50% deposit is due at the moment of purchasing to secure the home.
The remaining 50% balance can be transferred from the same day to the 15th of September, 2022 at the latest in order to guarantee the home.
If the second transfer has not been made (for whatever reason, cancellation or other reason), the Ondalinda organization reserves the right to offer the accommodation to another guest and the first 50% will be reimbursed only if the Ondalinda organization finds a suitable registered member to take over the rental.
If a guest rents a house between September 15, 2022 and November 9, 2022, they will have to pay the full amount of the rental within a 48H period.
All tickets must be assigned to an individual prior November 1, 2022. Tickets are only valid for the person who holds it in his/her/they name and that person is subject to the terms and conditions of the ticket holder whether that person paid for the ticket/s or not.
All tickets are non-refundable.
Tickets are transferable only if the ONDALINDA organization executes the transfer to another registered ONDALINDA member AND if it happens before the cut-out date of the 1st of November 2022.
Please take careful note of the dates and terms outlined in this policy as NO EXCEPTIONS to the policy will be made, regardless of the reason for cancellation. For the avoidance of doubt, ONDALINDA cannot make any exceptions to this cancellation and refund policy even if the cancellation is due to illness or medical issues; family or personal matters; revocation, cancellation, or expiration of Your visa; travel bans; deportation; any laws, regulations, orders, or policies concerning immigration and refugee status that may impact Your ability to travel; change in Your immigration status; scheduling conflicts; travel delays; a force majeure event (including, but not limited to, an act of God, war, terrorist activity, labor dispute, civil unrest, utility outage, etc.); or any other reason whatsoever.
For additional protection, we encourage attendees to purchase travel medical and/or trip cancellation insurance. For example, some of the most popular travel insurance providers are Allianz, GeoBlue and Travel Guard. Your credit card or employer may also provide certain coverage.
UNAUTHORIZED USES OF INTELLECTUAL PROPERTY
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the content of the Sites or our materials provided or displayed at an Event, other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of the Sites' content to Your hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
We retain the rights to all staff photography and video footage from an Event.
Any use other than that permitted under this clause may only be undertaken with our prior express authorization.
ONDALINDA attendee lists and contact information are provided exclusively to event registrants and meant to encourage genuine, one-to-one communication. The "mining" and use of ONDALINDA attendee lists for overt business development and / or mass solicitation is strictly prohibited at all times, and doing so will result in a DNI (Do Not Invite) status henceforth.
ONDALINDA X CAREYES
WAIVER AND RELEASE
Last updated May 5, 2022.
This Waiver and Release ("Waiver and Release" or this "Agreement"), is entered into by and between the purchaser and/or user of the Event (as defined below) ticket ("Participant"), on the one hand, and Experiencias de la Costa SA de CV, a Mexican limited liability company, and Ondalinda Productions, LLC, a Delaware limited liability company, on the other hand (collectively "ONDALINDA X CAREYES"). Participant and ONDALINDA X CAREYES may collectively be referred hereinafter as the "Parties."
WHEREAS ONDALINDA X CAREYES is the producer and operator of ONDALINDA x CAREYES 2022, a music, art and wellness festival (the "Event") that will be held in Costa Careyes in Jalisco, Mexico, on November 8, 2022 through November 14, 2022;
WHEREAS the Participant wishes to attend the Event;
WHEREAS the Participant agrees to retain full responsibility to be informed of any applicable local legislation and customs, follow the guidelines of the Event, identify and avoid all potential hazards, take reasonable and necessary precautions, carry proper gear, wear proper clothing and remain well hydrated;
WHEREAS the Participant enters into this Agreement as medically, physically, and mentally able to participate in the Event with respect to the services provided by ONDALINDA X CAREYES, upon the terms and conditions hereinafter set forth; and
WHEREAS the terms set forth below are applicable to all participants of the Event for the duration of their stay and participation at the Event.
THEREFORE, the Parties agree as follows:
I. Throughout this Agreement, ONDALINDA X CAREYES includes Experiencias de la Costa, Ondalinda Productions, LLC, and each of their affiliates, officers, directors, members, managers, agents, contractors, employees, coaches/instructors, volunteers, vendors and the manufacturers and distributors of the equipment used in any Event.
II. The term "Event" encompasses all activities, programs, events, and services provided, sponsored or organized by ONDALINDA X CAREYES including but not limited to, social activities, volunteering for ONDALINDA X CAREYES, or consuming any food items provided by ONDALINDA X CAREYES. The participants with food or insect intolerance or allergies are responsible for making sure they are not exposed or ingesting any of the allergens.
III. Term: This Agreement shall be of full force and effect throughout the duration of the 2021 Event (November 8, 2022 through November 14, 2022) (the "Term") unless otherwise expressed in this Agreement.
IV. Duties of the Participant: During the Term of this Agreement, the Participant shall have the full and complete responsibility to perform the obligations set forth in this Agreement with ONDALINDA X CAREYES.
V. Expenses of Participant: The Participant shall be responsible for arranging all food, beverage, medical or other personal expenses outside the Event. The Participant shall be fully responsible for all belongings and valuables brought to the Event. The Participant shall be liable for reimbursing ONDALINDA X CAREYES at their demand, for any and all expenses afforded by ONDALINDA X CAREYES on behalf of the Participant, that falls outside the scope of this Agreement. The terms of this Paragraph V shall survive termination of the Agreement and shall remain binding upon the Parties hereto and in full force and effect following termination of this Agreement.
VI. Medical/Health & Travel Insurance: The Participant is solely responsible to select and purchase adequate medical/health insurance throughout the course of the Event and any affiliated trip. The Participant freely accepts and assumes all responsibility to provide him/herself with the appropriate medical/health insurance coverage. In the event of any accident, injury, illness or other medical/health problem, ONDALINDA X CAREYES shall not be liable for any costs associated with such medical/health issues nor shall ONDALINDA X CAREYES pay for any medical/health expenses, which may be required during the participation in any programs (as a participant, volunteer or performer); provided that, during the Event, or while visiting Costa Careyes, it is the responsibility of the Participant to alert ONDALINDA X CAREYES of any relevant medical conditions. ONDALINDA X CAREYES reserves the right to refuse or deny the Participant entry to the Event or any Event activity, at ONDALINDA X CAREYES's sole discretion, should the Participant appear to be unfit to safely engage in any event or activity as determined by ONDALINDA X CAREYES representatives. The terms of this paragraph shall survive the termination of the Agreement and shall remain binding upon the Parties hereto and in full force and effect following termination of this Agreement. Servicios para la Costa Sur AC known as Careyes Clinic is an independent organization that has no affiliation with ONDALINDA X CAREYES or the Event. Anything administered, any procedures operated, or any medical advice that is given, has no affiliation with ONDALINDA X CAREYES or the Event. Participant understands and acknowledges that it is their responsibility to consult with a qualified health authority prior to and regarding their participation in the Event. Participant represents and warrants that they are adequately fit and of sound ability to take responsibility for the choice to participate in the Event. Participant understands their own physical limitations and is sufficiently self-aware to stop physical activity before becoming ill or injured.
VII. Personal Responsibility: ONDALINDA X CAREYES shall not be held liable for intentional or criminal actions of the Participant. Participant shall indemnify ONDALINDA X CAREYES in the event any third-party claims are brought against ONDALINDA X CAREYES that arise from an intentional or criminal act of Participant. By entering the Event, you (i) acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death, (ii) voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expenses, of any kind ("Claims"), that you may experience or incur, and (iii) hereby release, covenant not to sue, discharge, and hold harmless ONDALINDA X CAREYES from Claims of any kind arising out of or relating thereto.
VIII. Description of Risks: In consideration of participation in any programs, the Participant acknowledges that he/she is aware of, and freely accepts the inherent risks, dangers and hazards associated with some physical activities, including the possible risk of severe or fatal injury, and in extraordinary cases death. These risks include but are not limited to:
- all manner of injuries such as muscular and soft tissue injuries including bruises, scrapes, cuts, etc. resulting from engaging in strenuous and demanding physical activities, contact with other participants, volunteers or performers and failure in proper use of equipment either by the Participant or other participants, or volunteers;
- all manner of injuries resulting in sprains, dislocations, concussion, and broken bones, heart attack/stroke, spinal injury and tendonitis;
- all manner of injuries related to bites or stings from animals or insects including but not limited to scorpions and snakes;
- all manner of head, facial, eye and/or dental injuries;
- all manner of hearing damage due to excessive exposure to loud music;
- all manner of medical problems resulting from heat exhaustion, dehydration, asthma, communicable diseases, food poisoning, skin rashes, cramps, chemical poisoning, and lack of fitness or conditioning;
- all manner of injuries and/or death that could result from a physical confrontation whether caused by the Participant or someone else;
- all manner of illness and/or death that could result from COVID-19 exposure;
- all manner of injuries and/or death that may result from collision with other participants on foot, bikes, motor vehicles and/or shuttles; and
- all manner of injuries that may result from participation in wellness activities including but not limited to temazcal, water activities, pilates, yoga, sunset ceremonies, circulo de palabra, mushroom workshop or cacao ceremonies.
Participant acknowledges the following details:
- risk of possible injury increases as a Participant becomes fatigued; the property where the Event will take place is remote and includes rocky, terrain, cliffs, beaches and other bodies of water, which may contain potentially harmful plants and animals, included but not limited to snakes, lizards, mosquitoes, scorpions, ticks, crocodiles and poisonous plants.
- all events are on the oceanfront and it can be dangerous, especially in Teopa, Playa Rosa, El Careyes, Careyitos and Playa Las Felicillas/Zyanya in Chamela, where the waters may not be swimmable. ONDALINDA X CAREYES shall in no way be responsible for any accident related to this inherent danger. Participant agree they are taking this risk by attending the Event.
- all of the scenery, props, and installations that will be displayed during the Event are not to be climbed on, walked on, or ridden at Participant's own risk.
IX. Waiver, Release and Agreement Not to Sue: Participant, on his/her own behalf, his/her assigns, executors, guardians and all other legal representatives, hereby releases, discharges, waives and forever relinquishes ONDALINDA X CAREYES, Experiencias de la Costa, Ondalinda Productions, LLC, and each of their affiliates (including, without limitation, property owners in Careyes), and each of their agents, employees, officers, directors, members, managers, employees and any other person associated with the aforementioned persons and entities (collectively, the "Released Parties"), from any and all present and future known or unknown claims, including, without limitation, claims for property damage, personal injury, or death resulting from, arising out of or in any way connected to Participant's participation at the Event, including, but not limited to, claims actually or allegedly arising out of or relating to the negligence of any of the Released Parties, wherever, whenever, or however the damage, injury, or death may occur. Participant further agrees that under no circumstance will Participant attempt to present any claims against, prosecute, sue, seek to attach any lien for any purpose including satisfaction of a judgment or other judicial decree, to the property of the Released Parties. Participant understands and agrees that the Released Parties are not responsible for any harm, such as property damage, personal injury, or death, arising out of or in any way related to Participant's participation at the Event, including harm caused by the Released Parties' actual or alleged negligence. IT IS THEREFORE PARTICIPANT'S INTENTION TO EXEMPT AND RELIEVE THE RELEASED PARTIES FROM ALL LIABILITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH, INCLUDING, WITHOUT LIMITATION, THAT CAUSED BY THE RELEASED PARTIES' ACTUAL OR ALLEGED NEGLIGENCE. PARTICIPANT FURTHER AGREES TO EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
X. In consideration of being permitted to participate in and attend the Event, Participant agrees to comply with any and all rules, regulations, terms, and conditions of ONDALINDA X CAREYES and acknowledge and agree to the following:
a. 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 may include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of the organizers of ONDALINDA X CAREYES and/or other participants in the Event; (b) existing conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) physical or mental condition of other participants; (g) the use by Participants and by ONDALINDA X CAREYES of fire, pyrotechnics, flame effects, explosions, and other similar activities; (h) vehicular traffic; and (i) participating in the Event during the COVID-19 pandemic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time by ONDALINDA X CAREYES. 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 RELEASE, DISCHARGE, AND HOLD ONDALINDA X CAREYES HARMLESS IN PERPETUITY FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF ONDALINDA X CAREYES, OR NEGLIGENCE OF THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
b. I acknowledge that I am required to comply with any COVID-19 regulations set by ONDALINDA x CAREYES which may include on-site Antigen testing, proof of vaccination, or a negative PCR or Antigen COVID-19 test for entry.
c. I understand that during the Event , art installations, stages, vehicles, events, and performances will be held and/or on display, and I understand that most of these activities are not owned or operated by ONDALINDA X CAREYES. I HEREBY ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THEIR OPERATION AND FROM PARTICIPATION IN ANY OF THESE ACTIVITIES APPLIES UNDER THIS AGREEMENT AND ANY INJURY I MIGHT SUSTAIN RELATING TO MY PARTICIPATION IN ANY OF THESE ACTIVITIES AND I SHALL NOT ATTEMPT TO HOLD ONDALINDA X CAREYES LIABLE FOR SUCH INJURIES.
d. 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 any programs, events, art installations, or activities at the Event. I intend that this Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under California and Mexican law.
e. Intellectual Property: I UNDERSTAND AND ACCEPT THAT I HAVE NO RIGHT TO ANY USE OF ANY IMAGES OR AUDIO/VISUAL FOOTAGE OF THE EVENT ("EVENT IMAGERY") WITHOUT PRIOR WRITTEN CONSENT FROM ONDALINDA PRODUCTIONS, LLC, OTHER THAN FOR MY PERSONAL, NON-COMMERCIAL USE ("PERSONAL USE"). 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 cause any third party to whom I give Event Imagery to also only use for Personal Use. Without the prior written consent of ONDALINDA PRODUCTIONS, LLC, I understand that I may not use any (1) Event Imagery, (2) drawings or representations of the Ondalinda mark and/or symbols, or (3) any copyrights, trademarks, or other intellectual property owned or licensed by ONDALINDA PRODUCTIONS, LLC. I acknowledge and agree that I may not use any of the above in any advertisement, promotional materials (including music videos), or in the title or on the cover of any publication designed for public dissemination (other than personal blog posts).
f. I hereby assign to ONDALINDA PRODUCTIONS, LLC joint ownership in the copyright to my Event Imagery solely for the purpose of enabling ONDALINDA PRODUCTIONS, LLC to enforce the copyright against any party that displays or disseminates any of my Event Imagery in a manner prohibited by or not so authorized by this Agreement. I hereby appoint ONDALINDA PRODUCTIONS, LLC as my attorney-in-fact to execute any documents necessary to effectuate such assignment in intellectual property rights. ONDALINDA PRODUCTIONS, LLC agrees and acknowledges that it shall not utilize this joint copyright to enter into any licensing agreements in association with the Event Imagery. If I post, or allow to be posted, any Event Imagery on a personal website or a website controlled by a third party, even if permissible as Personal Use; I shall not license any Event Imagery that contains any nudity or partial nudity (including any imagery in which bare breasts, bare buttocks, genitals, or genital areas are visible); and (3) if for any reason whatsoever, at ONDALINDA PRODUCTIONS, LLC's sole discretion, it is determined that any such images must be removed, I will promptly remove or cause those images to be removed. ONDALINDA PRODUCTIONS, LLC, as joint copyright holder, reserves all rights to revoke any creative commons license that was erroneously placed on Event Imagery in violation of this Agreement and may cause the removal of such Event Imagery on any webpage on which it is displayed. I understand that use of the creative commons' licenses approved herein does not supersede this Agreement, nor my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate under any applicable law. ONDALINDA PRODUCTIONS, LLC requires any party interested in making any commercial use of their documentation of the Event or in distributing footage beyond Personal Use to enter into a separate written agreement with ONDALINDA PRODUCTIONS, LLC.
g. I acknowledge that "ONDALINDA" and the ONDALINDA logo/symbol are registered trademarks owned or licensed by VERY ROUGE PRODUCTIONS, LLC, and that VERY ROUGE PRODUCTIONS LLC and ONDALINDA PRODUCTIONS, LLC have the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, or other intellectual property owned by or licensed to VERY ROUGE PRODUCTIONS, LLC, including any likenesses, drawings, and representations of the ONDALINDA mark and/or symbol ("ONDALINDA IP"). I acknowledge that VERY ROUGE PRODUCTIONS, LLC is not granting me any rights in any ONDALINDA IP and that any such grant shall be made by a separate writing signed by both Parties. I agree that I will not use any ONDALINDA IP on any website (except for Personal Use, as described in Section X.d. above) or in any other manner, commercial or otherwise, unless the use constitutes a fair use under United States Copyright law. VERY ROUGE PRODUCTIONS, LLC only permits the use of ONDALINDA IP, without payment of any license fee, on materials that are given away at the Event or in connection with ONDALINDA X CAREYES ("Gift Materials"), under the following conditions: (1) VERY ROUGE PRODUCTIONS, LLC may, for any reason in its sole discretion, determine that such use is not in maintaining VERY ROUGE PRODUCTIONS, LLC's quality control, and if so, all such materials shall no longer be utilized; and (2) no ungifted Gift Materials may be sold or transferred in exchange for something of value or distributed in any form such that the Gift Materials are likely to be sold or transferred in exchange for something of value.
h. I acknowledge that other parties, including but not limited to other participants will be 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 hereby release ONDALINDA X CAREYES from any liability due to such filming, photographing, or dissemination. I acknowledge that by purchasing a ticket and attending the Event, I am consenting to be filmed or photographed while participating in any activities or throughout the course of the Event. I grant my permission to the Released Parties and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Event, which may depict, record or refer to me for any purpose ("Likeness"), including commercial use by the Released Parties and their licensees. This permission is for use perpetually, worldwide, and in any medium now known or hereafter devised. I understand and agree that I shall not be compensated or receive additional consideration for this consent to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may incorporate or use my Likeness.
i. 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 am aware, have consented on their behalf, and are aware 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.
j. I understand that children under 18 years of age cannot attend the Event even if accompanied by a parent or guardian.
k. I acknowledge that all vehicles, including trucks, trailers, and recreational vehicles, shuttles, entering the Event are subject to search by gate staff for stowaways, pets, weapons, live plants, fireworks, handheld lasers, or other dangerous, illegal or prohibited items. Parking is strictly prohibited at all official ONDALINDA x CAREYES events. Pre-allocated parking permits will be required for entry.
l. I agree to read and abide by the terms and all information listed in this Agreement as well as in the Welcome Package which I will receive at registration.
m. I hereby consent to have emergency 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 ONDALINDA X CAREYES and all persons participating in any such medical treatment from all responsibility for any such actions that are required to be taken.
n. I agree that ONDALINDA X CAREYES is not liable for acts of God, the weather, natural disasters, strikes, protests, civil unrest, blackouts, labor disputes, technical failures, terrorism and criminal acts (including narco-related), disease outbreaks, any epidemic, pandemic (including the COVID-19 pandemic and any travel restrictions as a result imposed by any government impacting the Event), quarantine, failure to obtain government permits, or actions taken by government agencies and similar causes beyond ONDALINDA X CAREYES's control (collectively "Force Majeure"). I understand that any fees paid by me are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to a Force Majeure.
o. I understand and agree to the following (1) I must bring sunscreen, insect repellent, adequate footwear, prescription medication and first aid supplies to be comfortable during the Event in a natural tropical environment as ONDALINDA X CAREYES shall not provide these items; (2) guns, fireworks, rockets, and other explosives are expressly prohibited; (3) handheld lasers of any kind are expressly prohibited; and (4) this is a LEAVE NO TRACE, pack it IN, pack it OUT event, meaning all waste shall be properly disposed of and all personal items shall be taken at the end of the Event.
p. 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 ONDALINDA X CAREYES and permitted by the Municipality of Costa Careyes, Mexico.
q. As part of the vehicle pass process, I understand that I must provide current contact information. ONDALINDA X CAREYES retains the right to cancel, rescind or revoke any vehicle pass at any time for any reason whatsoever at ONDALINDA X CAREYES's sole discretion. Vehicle passes are revocable licenses that may be revoked by ONDALINDA X CAREYES for any reason, including without limitation assisting people with unauthorized entry to the Event.
r. Refunds and Cancellation Policy: All sales are final. No refunds or exchanges will be issued for any reason. Fees are nonrefundable. I acknowledge and accept the Refund and Cancellation Policy as made available on the ONDALINDA X CAREYES website.
s. Any possession of firearms and/or weapons at the Event is strictly prohibited.
t. Any possession, use and/or sale of illegal drugs or any other illegal substances at the Event is strictly prohibited and punishable by law.
u. Driving under the influence of any alcohol or any narcotic is strictly prohibited and punishable by law. In addition to the waiver provisions above, ONDALINDA X CAREYES is not responsible for any injury or property damage that results from your violation of this provision.
v. The use of the event ticket for advertising, promotions, contests, sweepstakes, giveaways, etc. without the express written consent of ONDALINDA X CAREYES is expressly prohibited.
w. The rights and remedies of Participant in the event of any material breach by ONDALINDA X CAREYES of this Agreement or any of ONDALINDA X CAREYES's obligations hereunder shall be limited to Participant's right to recover damages, if any, up to a maximum amount equal to the purchase price of the tickets, in action at law, and Participant hereby waives any right or remedy in equity, including, without limitation, any rights granted to ONDALINDA X CAREYES's hereunder and/or to seek injunctive relief or other equitable relief with respect to any breach of ONDALINDA X CAREYES's obligations hereunder.
x. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Any dispute arising from this Agreement shall be governed by the laws of the State of California, excluding any choice-of-law principles and the laws of Mexico. I confirm and agree that the forum for any dispute between me and ONDALINDA X CAREYES
shall be exclusively by and in the JUZGADO DE PRIMERA INSTANCIA EN MATERIA CIVIL DEL VIGÉSIMO NOVENO PARTIDO JUDICIAL EN EL ESTADO DE JALISCO.
ÁLVARO OBREGÓN NO. 11, INTERIOR 11, PLANTA ALTA.
C.P. 48970. and any argument that any other forum may be appropriate is hereby forever waived.
I understand that this Waiver and Release may be reasonably amended or modified by ONDALINDA X CAREYES, in its sole discretion, prior to the Event, and if so, such revised Waiver and Release shall also govern.