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Terms of Service

Last modified: June 30, 2022

Terms of Service

Last modified: June 30, 2022
ONDALINDA PRODUCTIONS LLC ("ONDALINDA", "we", "us" or "our") welcomes You to its website - www.ondalinda.com, and any other websites owned and operated by us now and in the future (the "Sites"). Our site contains, among other things, information regarding our annual event ONDALINDA x CAREYES and various year-round events (each, an “Event,” and collectively, the “Events”). Use of our products, software, services and Sites (referred to collectively as the "Services") by our visitors to the Site and Members (collectively, “You” or “Your”) is subject to these terms and conditions (the "Terms of Service" or “Agreement”)) and form a binding agreement between You and us. Please review the following Terms of Service carefully. Each time You access the Sites or use the Services, You are agreeing to be bound by these Terms of Service, whether You are a "Visitor" (which means that You simply browse the Sites), or You are a "Member" (which means any person who has established an account with us on our Site (Your "Account")). If You do not agree to all of these Terms of Service, ONDALINDA is unwilling to grant You access to the Sites or Services, and You must cease access to the Sites and Services immediately. For information about our data practices, please see our Privacy Policy, which you can view at www.ondalinda.com/privacy. We can collect and use your information in accordance with those policies.

LIMITATION OF LIABILITY

  1. 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 members, managers, 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.
  2. 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.
  3. 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.

CODE OF CONDUCT

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  1. Restrict or inhibit any other person from using the Site.
  2. Use the Site for any unlawful purpose.
  3. Express or imply that any statements you make are endorsed by us, without our prior written consent.
  4. Impersonate any person or entity, whether actual or fictitious, including any ONDALINDA employee or representative.
  5. Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication.
  6. Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
  7. Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  8. Engage in spamming or flooding.
  9. Harvest or collect information about Site users.
  10. Order, or attempt to order, a number of tickets for an Event that exceeds the stated limit for that event.
  11. Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer.

If You are a Member, we reserve the right to suspend or terminate, at our discretion, Your Account for violations of our rules, guidelines, or Terms of Service. Specifically:

  1. You may not sell, trade, or transfer a Your Account to another person, nor accept or use an account that did not originally belong to You. If an account violates these Terms of Service, the account will be terminated immediately.
  2. 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.
  3. 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 (the “Content”), 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.
  4. 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 the Content is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any party's intellectual property or privacy
  5. 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.
  6. We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content posted on the Sites or elsewhere, nor do we endorse opinions expressed on the Site or elsewhere.
  7. Use of the ONDALINDA name and/or logo for any purpose, event or promotion without our express written consent is prohibited and may result in the termination of the Member’s Account on the Site and access to future Events.
  8. 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 Account 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.
  9. 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.

ATTENDEE CONDUCT AT EVENTS

  1. All participants and attendees (“Participant(s)” or “Attendee(s)”) at events produced by ONDALINDA (the “Event(s)”), including You and Your guests, must be approved by ONDALINDA through advance registration and wear official wristbands designating proper registration.
  2. 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.
  3. You may not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
  4. You may not aid in gaining an unauthorized person access to an Event; this is grounds for removal without refund.
  5. You must not defame, abuse, harass, harm or threaten others, make any bigoted, hateful, or racially offensive statements.
  6. 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.
  7. You may not advertise or sell to or solicit others excessively.
  8. You may not hand out, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas that are designated for such purpose.
  9. 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.
  10. 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 Site and future involvement in ONDALINDA.
  11. 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 hello@ondalinda.com in order to cancel Your registration.

Please take careful note of the dates and terms outlined in this cancellation and refund 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.

  1. 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.

CHARGEBACKS

You agree that You will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets You purchased. Without limiting the generality of the foregoing, You will not dispute or otherwise seek a “chargeback” from the company whose credit card or other method of payment You used to purchase tickets from the Site. Should you do so, your tickets are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist, and from any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

UNAUTHORIZED USES OF INTELLECTUAL PROPERTY

  1. 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 Site 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 Site’s content to Your hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
  2. We retain the rights to all staff photography and video footage from an Event.
  3. Any use other than that permitted under this clause may only be undertaken with our prior express written authorization.

OWNERSHIP OF SITE CONTENT AND GRANT OF CONDITIONAL LICENSE

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site (collectively, the “Site Content”), are owned by us. We own a copyright and, in many instances, patents and other intellectual property in the Site and Site Content. We may change the Site Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Site Content as permitted by the Terms of Service for non-commercial purposes only if, as a condition precedent, you agree that you will not:
  1. Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.
  2. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit.
  3. Link to any portion of the Site other than the URL assigned to the home page of the Site.
  4. "Frame" or "mirror" any part of the Site.
  5. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site Content.
  6. Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
  7. Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Site Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past.
  8. Use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets, discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active.
  9. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  10. Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval.
  11. Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals.
  12. Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals.
  13. Reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or the Site Content.
  14. Reproduce or scan tickets in a format or medium different from that provided by the Site.
  15. Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site.
  16. Use the Site or the Site Content in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Site Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
  17. Use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Site Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents, and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us. You may not use our trademarks, logos, and service marks in any way without our prior express written permission. You may inquire about obtaining permission by contacting us at hello@ondalinda.com.

RECORDING, TRANSMISSION AND EXHIBITION

You agree that the Event for which You attend is a public event, that Your appearance and actions inside and outside the venue where the Event occurs are public in nature, and that You have no expectation of privacy with regard to Your actions or conduct at the Event. You grant permission to ONDALINDA, our partners, licensees and assigns, including but not limited to our brand and media partners, to utilize Your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, You or anyone acting on Your behalf.

YOU ARE SUBJECT TO SEARCH

You and Your belongings may be searched on entry to the Event. You consent to such searches and waive any related claims that may arise. If You elect not to consent to such searches, You may be denied entry to the Event without refund or other compensation. Certain items may not be brought into the premises, including without limitation: firearms, alcohol, drugs, and controlled substances.

INDEMNIFICATION

If anyone brings a claim against us related to your use of the Site, the Site Content, your Content, or your violation of the Terms of Service, you agree to indemnify, defend, and hold ONDALINDA and our affiliated companies, suppliers, advertisers, and sponsors, and each of our officers, directors, shareholders, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

CLASS ACTION WAIVER

YOU AND WE THEREBY EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, AND AGREE THAT YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

GOVERNING LAW

These Terms of Service and any disputes arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) shall be governed by the laws of Jalisco, Mexico, without reference to its conflicts of law principles. You and ONDALINDA agree to submit to the exclusive personal jurisdiction of any state or federal court in Jalisco, Mexico in any action arising out of or relating to this Agreement. In any such action, You and ONDALINDA hereby irrevocably waive, to the fullest extent permitted by requirements of law, any objection that it may now or hereafter have to the laying of venue of any such action brought in such court and any claim that any such action brought in such court has been brought in an inconvenient forum.

SEVERABILITY

It is our belief that the Terms of Service do not contain any provision contrary to law. However, if any part of the Terms of Service are determined to be illegal, invalid, or unenforceable, You agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the Terms of Service, and (b) the remaining parts shall be deemed valid and enforceable.

SPAMMING PROHIBITED

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.

CHANGES TO THESE TERMS OF SERVICE

We reserve the right to amend these Terms of Service at any time. All such changes will take effect once they have been posted on the Sites and You will be deemed to have accepted any such changes by Your use of the Sites after such time.

ONDALINDA X CAREYES
WAIVER AND RELEASE

Last updated June 30, 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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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:

    1. 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.

    2. 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.
    3. 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.

    4. 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.

    5. 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).

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. I understand that children under 18 years of age cannot attend the Event even if accompanied by a parent or guardian.

    11. 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.

    12. 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.

    13. 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.

    14. 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.

    15. 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.

    16. 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.

    17. 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.

    18. 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.

    19. Any possession of firearms and/or weapons at the Event is strictly prohibited.

    20. Any possession, use and/or sale of illegal drugs or any other illegal substances at the Event is strictly prohibited and punishable by law.

    21. 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.

    22. 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.

    23. 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.

    24. 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 under Mexican law 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.
      COL. CENTRO.
      CIHUATLÁN, JALISCO.
      C.P. 48970and 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.

    I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS OF SERVICE AND THIS WAIVER AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY AGREEING TO THESE TERMS OF SERVICE AND THIS WAIVER AND RELEASE I AM GIVING UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.