Terms and Conditions, Waiver and Release (“Terms and Conditions”)
In consideration of being allowed to participate in and attend Mercado Sagrado Nov 16 + 17, 2019 (“MS 2019”), which is taking place at the site of King Gillette Ranch 26800 Mulhullond Hwy, CA Calabasas 91302 (the “Property”) and is organized by Mercado Sagrado LLC (“Mercado Sagrado”), I agree to comply with any and all rules, regulations, terms, and conditions of the Gathering, including but not limited to the following:
1. Acknowledgment of Risks and Dangers. I understand and acknowledge that (a) activities at the MS 2019 have inherent dangers that no amount of care, caution, instruction or expertise can eliminate; (b) there are things on the land including creeks, rivers, and trees that may be dangerous; (c) the use and enjoyment of the Property and the activities of MS 2019 requires exertion and skill levels that range from none to moderate, depending upon how I decide to use and enjoy MS 2019 and the Property; (d) the Property is located in a somewhat remote, rural to semi-wilderness area and speedy medical attention may not be available, if at all; (e) due to the remote, natural setting of the Property, nighttime lighting is at a minimum, and therefore there is a risk of slips, falls, and collisions with natural and man-made objects; (f) it is my responsibility to exercise due care in my use and enjoyment of the Property and the MS 2019 ; (g) the risks inherent in my use of the Property and MS 2019 may arise as a result of either man-made conditions and/or naturally occurring conditions, and that not all dangerous conditions will be readily apparent, nor marked as dangerous, nor made safe prior to my use and enjoyment of the Property and MS 2019 ; (h) these inherent risks include but are not limited to trips, burns, collisions with other participants and inanimate objects, unknown or hidden facility hazards, natural hazards, uneven and dangerous terrain, wildlife, insect bites, careless behavior by me or other participants, errors in judgment by MS 2019 owners, directors, partners, employees, representatives, agents, contractors or volunteers, and injuries caused by negligence on the part of MS 2019 or its owners, directors, employees, representatives, agents, contractors or volunteers, me, or other participants; (j) possible injuries include everything from minor muscle soreness, bruises, sprains, abrasions, and lacerations, to more serious injuries such as sprained ankles, broken bones, knee injuries, shoulder injuries, back sprains, neck sprains, internal injuries to major organs, closed head injuries, and chipped or broken teeth, as well as catastrophic injuries such as permanent disabilities, spinal injuries, paralysis, and even death.
2. The Fair. Mercado Sagrado essentially provides a curation of artists, classes and workshops and food, where people can purchase products and expand their knowledge through activities that include but are not limited to skill share classes, daily practices (such as yoga, meditation), a healing village of practioners with whom to discuss physical, emotional or spiritual issues, discussions or interchanges with other participants, and any other activities (the “Activities”). I understand that the Activities are not provided by Mercado Sagrado, but instead are being provided by individual attendees and instructors at the MS 2019.
3. Assumption of Risk. I expressly and voluntarily assume all risk while participating in the Activities or in any aspect of the MS 2019 , whether or not caused by negligence of MS 2019 and any of its owners, partners, directors, employees, representatives, agents, contractors or volunteers (collectively, the “Released Parties”). I understand that my use and enjoyment of the Property and MS 2019 and the Activities involves inherent risks, both those described herein and other risks, that are serious and that may involve dangers regardless of the care taken by MS 2019 or the Released Parties. I realize my use and enjoyment of the Property and MS 2019 and participation in the Activities require some degree of skill, coordination, and some activities may require physical fitness. I have read the previous paragraphs and I know the nature of the Property and MS 2019 and the Activities, understand the demands to be placed upon me relative to my physical condition and skill level, and appreciate the types of injuries that can occur as a result of such activities. I hereby acknowledge that my participation in the use and enjoyment of the Property and MS 2019 and the Activities is voluntary and that I knowingly assume all inherent risks of the Property and MS 2019 and the Activities, both those described herein and others presently unknown.
4. Release and Waiver of Liability. I release and discharge the Released Parties from any and all liability, claims, demands or causes of action that I may hereafter have for any injuries, damages or death arising out of my participation in MS 2019 and the Activities and use of the Property. I, do hereby release, waive, discharge, and covenant not to sue the Released Parties and hold them harmless from liability for any and all claims arising from my use and enjoyment of the Property and MS 2019 and the Activities, including any injury resulting from the ordinary negligence of the Released Parties. I understand that, since the Activities are not provided by MS 2019, Mercado Sagrado and its Released Parties has no responsibility or liability for any of the Activities, and through the purchase of this ticket I hereby release MS 2019 and the Released Parties for any injuries that I may sustain relating to any of the Activities.
5. Indemnification. I further agree to hold harmless, defend and indemnify the Released Parties from any judgment, costs, damages, including investigation costs, attorneys' fees, expert fees, and related trial, litigation, arbitration, and/or mediation costs and expenses, relating to any and all claims made against MS 2019 or any of the Released Parties relating to any conduct by me at MS 2019 and on the Property, or by persons whom I registered to attend MS 2019, including any injury or loss due to the ordinary negligence of Released Parties.
6. Revocable License. I understand that any ticket or wristband credential, and my entry upon the Property and to MS 2019 , grants only a revocable license, which is permissive in nature, and that my permissive use of the Property and participation in MS 2019 may be revoked at any time for any reason, and upon notice of such revocation, I will immediately become a mere trespasser upon the Property, at which time I understand MS 2019 may use all lawful means to remove me from the Property, including with the assistance of local law enforcement agencies. I understand that failure to comply with any of the regulations set forth in these terms and conditions subjects the holder of a ticket or wristband credential to eviction from the Property and the Gathering, without any refund of any purchase price, and that Mercado Sagrado may bar the holder from entry in future years.
7. Minors. I understand that children under 18 years of age can attend MS 2019 only accompanied by a parent or guardian, and that if I bring a minor to MS 2019 I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor.
8. Tickets for Others. If I am obtaining tickets and/or entry credentials for, or providing any tickets and/or entry credentials to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or entry credentials, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the tickets and/or entry credentials I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket and/or entry credentials to them. If I have obtained a ticket and/or entry credentials from another person, I also agree to these Terms and Conditions when the ticket and/or entry credentials are delivered to me.
9. Refund Policy. All sales are final. I understand that my ticket or entry credential is not subject to any refund, bears no cash value, and is not redeemable for cash. I understand that my ticket or entry credential is not subject to exchange, except as described in this paragraph below. I understand that tickets and/or entry credentials are nonrefundable even if I am requested to leave by MS 2019 for a possible violation of theses terms and conditions or of the regulations in force at MS 2019 , and if MS 2019 is terminated early or canceled or entry conditions are modified, due to force majeure, as described in the paragraph below.
10. Force Majeure. MS 2019 intends to happen, rain or shine. However, I agree that MS 2019 is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes, which may interfere with the MS 2019 . I understand that tickets are nonrefundable even if MS 2019 is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, strikes or protests, or conditions beyond MS 2019’s control.
11. Tickets and entry credentials are revocable licenses that may be revoked by MS 2019 for any reason, including without limitation resale for above their face value, plus applicable taxes and Mercado Sagrado's approved fees (“Face Value”), purchasing more than stated limits, or assisting people with unauthorized or unticketed entry to MS 2019.
12. Arbitration, Mediation and Dispute Resolution. If a dispute arises out of or relates to MS 2019 and/ or these Terms and Conditions or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, in San Francisco, California. If a party fails to respond to a written request for mediation within 30 days after service or fails to participate in any scheduled mediation conference, that party shall be deemed to have waived its right to mediate the issues in dispute. If the mediation does not result in settlement of the dispute within 30 days after the initial mediation conference or if a party has waived its right to mediate any issues in dispute, then any unresolved controversy or claim arising out of or relating to MS 2019 or these Terms and Conditions or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, before one arbitrator, in Los Angeles, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The venue for any mediation or arbitration shall be Los Angeles, California, and only the substantive laws of the State of California shall apply. The foregoing, however, shall not preclude the parties from applying for any preliminary or injunctive remedies available in state or federal court under applicable laws for any purpose.
13. Acknowledgements and Additional Agreements. I acknowledge and/or agree as follows:
I possess sufficient physical fitness and coordination to enable safe use and enjoyment of the activities
I assume the risk of all of my medical conditions (e.g. asthma, diabetes, anaphylaxis, epilepsy, heart disease, or high blood pressure).
MS 2019 encourages me to get medical clearance prior to any use and enjoyment of the Property and its additional activities.
I will cease use of the Property and MS 2019 if there is discomfort such as faintness, shortness of breath, high anxiety, or chest pains.
I agree to abide by all safety-related rules while using and enjoying the Property and MS 2019 and to attempt only such use as I feel capable of performing safely.
I agree to inform MS 2019 or its designated agent immediately if I observe conduct or a condition that endangers others.
I understand the importance of rules and agree to follow all instructions, guidance, and warnings given by MS 2019 and its duly authorized representatives.
I acknowledge that MS 2019 has the authority to terminate my participation in MS 2019 if it is deemed a danger to others or me.
14. Current Version of Terms and Conditions Apply. I understand that these Terms and Conditions may be changed by Mercado Sagrado prior to MS 2019 , and if so, the revised Terms and Conditions will apply to me. The most current version can be found at www.mercadosagrado.com/termsandconditions. My use of a ticket or other entry credential for entry to MS 2019 signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the MS 2019.
15. General. I confirm that these rules, liability waiver, and indemnification provisions supersede any and all previous, oral or written promises, or agreements regarding the subject matter hereof (including any statements made on Mercado Sagrado or Conscious City Guide’s website) and understand that this is the entire agreement between me and the Released Parties as to the subject matter hereof and cannot be modified or changed in any way except in a writing signed by an authorized representative of MS 2019 . I expressly agree that the foregoing rules, liability waiver, and indemnification provisions are intended to be as broad and inclusive as is permitted by the laws of the State of California and that if a portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. I agree that by accepting the terms of these Terms and Conditions (by purchase of the ticket), my act of accepting thereby shall confirm that I have read and understand these Terms and Conditions, and that I agree to all of its terms, to the same extent as if I read a paper copy of these Terms and Conditions and placed my signature on such paper copy with my own hand.