Beauty in the Backyard Terms & Conditions, Waiver and Release Form.
By purchasing this ticket, I understand and agree to the following:
I may wish to participate in activities made available to me as a guest at Camp Ramblewood, Darlington MD (the “camp), which is owned and/or operated by Harry Leff.
These include, but are not limited to, use of the camp’s Indoor and outdoor facilities (“Camp Use”)
I understand that, during my stay at the Camp, alcohol may be supplied by the sponsors related to the organization renting the Camp and hosting me at the Camp for my Camp Use (“Sponsor-Supplied Alcohol”).
I have read and understand the General Rules for Camp Use. I acknowledge a full understanding of the inherent dangers and risks associated with the Camp Use and/ or any fitness/wellness activity occurring therein. I acknowledge that participation in the Camp Use is strictly voluntary and has no been requested or required by the Camp Operators. I agree to comply with all rules imposed by the Camp regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
I acknowledge that it is recommended that I seek approval from my physician before implementing an exercise regiment, as there may be significant health risks associated with exercising. I also understand that injury or death may result if equipment is not used properly. I understand and acknowledge that the use of Camp equipment involves risk of serious injury, including permanent disability and death. I further understand that these activities involve risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. Furthermore, I acknowledge that exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise that could lead to these complications and adversely affect my health. These changes may include, among other effects, high blood pressure, increased heart rate, altered heart function, and possible, and again in rare instances, cardiac complications. Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge and understanding of the potential dangers. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any fitness/wellness facility activity. I acknowledge that I have had a physical examination and have been given a physician’s permission to participate in these activities or i have decided to participate in these activities without the approval of my physician. I will refrain from Camp Use ( including but not limited to its equipment, fitness program or any other fitness activities) if my health, medical condition, medical treatment, or prescription medicines makes such activities dangerous for me.
I understand that during the Event, art installations, theme camps, vehicles (including but not limited to participant vehicles and vendor vehicles or trailers), events, and performances will be held and/or on display, and I understand that most of these activities are not owned or operated by Beauty in the Backyard and/or Mettā Creative. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THE OPERATION OF AND/OR MY PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN SECTION 2 APPLIES TO ANY RELATED INJURY I MIGHT SUSTAIN.
I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue Mettā Creative and other participants, sponsors, and if applicable, owners and lessors of equipment, art installations, and premises used to conduct the Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses that I may have or that may subsequently accrue to me relating to, resulting from, or arising out of my participation in the Event, including in any programs, events, art installations, or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. 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 in any programs, events, art installations, or activities at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
By entering the Event, all participants agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Participants may only use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or Mettaā Creative); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise).
I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM Beauty in the Backyard or Beauty in the Backyard and/or Mettā Creative, OTHER THAN PERSONAL USE (as defined above). 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 inform anyone to whom I give any Event Imagery that it can only be used for Personal Use.
All photographers using DSLRs or cameras with detachable lenses are required to have media credentials to take pictures at the Event. Parties wishing to obtain media credentials can submit for a Press Request Form which will be made available upon request. Any party interested in making any commercial use of their documentation of the Event or in distributing footage beyond Personal Use must, however, enter into a separate written agreement with Beauty in the Backyard and/or Mettā Creative prior to any such use.
I acknowledge that the use of Drones is specifically prohibited at the Event.
I acknowledge that “Beauty in the Backyard,” “The Backyard,” “Beauty in the Backyard and/or Mettā Creative,” and all logos and symbols associated therewith are registered trademarks owned by Beauty in the Backyard and/or Mettā Creative PBC. and that Beauty in the Backyard and/or Mettā Creative PBC has the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by Beauty in the Backyard and/or Mettā Creative PBC, including any likenesses, drawings, and representations of the Event (collectively, “Beauty in the Backyard and/or Mettā Creative Intellectual Property”).
WITHOUT THE PRIOR WRITTEN CONSENT OF Beauty in the Backyard and/or Mettā Creative, I UNDERSTAND THAT I MAY NOT USE ANY Beauty in the Backyard and/or Mettā Creative INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized in writing by Beauty in the Backyard and/or Mettā Creative.
I acknowledge that people are 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 release Beauty in the Backyard and/or Mettā Creative from any liability due to such capturing, display, or dissemination.
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 have made a choice that the minors may be exposed to the expressive activities and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the minors to the Event. Should I find that any activity at the Event is offensive to me, or to any minors accompanying me, I acknowledge that I can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the Event.
I acknowledge that all vehicles, including trucks, trailers, and recreational vehicles, entering the Event are subject to search by Beauty in the Backyard and/or Mettā Creative staff for stowaways, dogs, guns, live plants, fireworks, handheld lasers, or other prohibited items.
I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. I release Beauty in the Backyard and/or Mettā Creative and all persons participating in any such medical treatment from all responsibility for any such actions.
If I am obtaining tickets and/or vehicle passes for, or providing any tickets and/or vehicle passes to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or vehicle passes, 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 vehicle passes I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket and/or vehicle pass to him or her. If I have obtained a ticket and/or vehicle pass from another person, I also agree to these Terms and Conditions when the ticket and/or vehicle pass is delivered to me.
I agree that Beauty in the Backyard and/or Mettā Creative is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets and vehicle passes are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond Beauty in the Backyard and/or Mettā Creative’s control.
I understand that (1) I must bring enough food, water, shelter, and first aid to survive the duration of the Event in a potentially harsh environment Please see the FAQ (http://thebackyard.world/faq/) for more information and packing guidelines; (2) guns, fireworks, rockets, and other explosives are prohibited; (3) lasers of any kind are prohibited; and (4) I and others in my party are responsible for properly disposing of all trash and recycling all recyclable items at my camp (Please do not bring single-use plastic bottles to the Event).
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 Beauty in the Backyard and/or Mettā Creative.
Tickets, credentials, and vehicle passes are revocable licenses that may be revoked by Beauty in the Backyard and/or Mettā Creative for any reason, including without limitation, purchasing more than stated limits, or assisting people with unauthorized or un-ticketed entry to the Event.
Refund and Cancellation Policy: All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable. Please read our FAQ at http://thebackyard.world/faq/for more information.
ALL VEHICLES DRIVEN INTO THE EVENT MUST HAVE A CAR CAMPING OR RV PASS displayed in the windshield. I understand that a vehicle pass only grants the ability to drive a vehicle into the Event site and directly to one’s camp location as directed by Event staff and that a vehicle pass does not grant any additional on-site driving privileges. UNAUTHORIZED DRIVING WITHIN THE EVENT SITE IS PROHIBITED. Each stand-alone vehicle driven through the Gate must have a vehicle pass. (Motorcycles, trailers, and art cars on trailers do NOT require a vehicle pass.) Beauty in the Backyard and/or Mettā Creative reserves the right to subject the use of vehicle passes to further terms and conditions, which would be published on the website (www.thebackyard.world) and/or at the Event. I understand that vehicle passes are not Event tickets and do not grant any person entry to the Event without a separate Event ticket. Likewise, the purchase of an Event ticket does not include the right to drive a motor vehicle into the Event or reserve a vehicle pass for that ticket holder. I understand that I may not purchase only a vehicle pass; to purchase a vehicle pass, I must also purchase at least one Event ticket. I understand that if I purchase only a vehicle pass, my order may be canceled. No ticket refunds will be issued because the ticket holder neglected or was unable to acquire a vehicle pass from Beauty in the Backyard and/or Mettā Creative. To help mitigate traffic issues, Beauty in the Backyard and/or Mettā Creative reserves the right to limit the number of car and RV camping passes available for the Event, and the number of vehicle passes an individual may purchase.
As part of the ticket and vehicle pass purchase process, I understand that I must provide current contact information and a valid credit card. Invalid credit card numbers will be disqualified from participation, and I understand that I will NOT have an opportunity to provide a secondary form of payment. UNLESS DO LAB EXPLICITLY STATES OTHERWISE, ONLY ONE TICKET PURCHASE PER PERSON AND PER CREDIT CARD IS ALLOWED.If during a ticket and/or vehicle pass sale, I successfully purchase tickets and/or vehicle passes, my credit card will be charged automatically for the price of the ticket(s), vehicle pass(es), a per-ticket or per-transaction service fee, and any applicable taxes and delivery fees. Once I successfully purchase tickets and/or vehicle passes and my credit card is charged, I cannot cancel or withdraw my order, and as with all ticket and vehicle pass sales, the sale is final. If my credit card is declined by the credit card company for any reason, the sale to me will not be processed and I will not receive any tickets or vehicle passes.
For any ticket or vehicle pass sale or sale registration, if for any reason whatsoever, including computer or software malfunction, mistake or inadvertence, network congestion or crashes, I am not able to purchase any tickets or vehicle passes through the sale process, or my registration for a sale or the purchase of tickets or vehicle passes is not processed, or I receive a notice that my ticket or vehicle pass purchase or ticket registration is rescinded, revoked, canceled, or made in error and my credit card payment is credited to my credit card account, I waive any claim against Beauty in the Backyard and/or Mettā Creative and release Beauty in the Backyard and/or Mettā Creative from any and all liability.
Beauty in the Backyard and/or Mettā Creative retains the right to cancel, rescind or revoke any ticket purchases or vehicle pass purchases at any time for any reason whatsoever at Beauty in the Backyard and/or Mettā Creative's sole discretion. Only ticket orders placed through the Eventbrite website are guaranteed to be authentic. Please visit the tickets and lineup pages at https://thebackyard.world for FAQs and other information regarding the types of tickets available and purchasing tickets and car/RV passes.
I understand that these Terms and Conditions may be changed by Beauty in the Backyard and/or Mettā Creative prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at https://thebackyard.world/terms-and-conditions. My use of a ticket or other entry credential for entry to the Event signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the Event.
I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, AND ALL OTHER POLICIES, CODES OF CONDUCT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.
** In the event of litigation the prevailing party pays for all court fees **
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Metta Creative, Beauty in the Backyard (“BITB”), Camp Ramblewood, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "BITB"), I hereby agree to release, indemnify, and discharge SUS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I acknowledge that my participation in BITB, highlining, slacklining, climbing, rappelling, yoga, acroyoga, spacenet activities, rope swing activities and any other event activities, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: Highlining and slacklining activities are based on the “challenge by choice” principle. At any time you and/or your group are free to withdraw from participation in highlining and slacklining course activities and its potential for: slips and falls; the risk of falling from significant heights; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening injuries; musculoskeletal injuries including head, neck and back injuries; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, heat stroke, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; the negligence of other participants or persons who may be present; the forces of nature, including lightning and rapid weather changes; my own physical condition, and the physical exertion associated with this activity.
Furthermore, BITB employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. Additionally, I acknowledge that there is no certification currently for highlining equipment and that all of the equipment at Beauty in the Backyard is of a safety quality commonly accepted by the community.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BITB from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of BITB’s equipment or facilities, including any such claims which allege negligent acts or omissions of BITB.
4. Should BITB or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against BITB, I agree to do so solely in the state of Maryland, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By agreeing to these terms, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.