Hybrid Collective Attendee Liability Waiver and Terms of Attendance
Last modified on 4/18/23
In our efforts to ensure the safety and wellness of all attendees, colleagues, staff, agents, and all persons on the premises and the success of a professional event, we want to ensure that all parties in attendance are on the same page and therefore, in agreement with all of the below terms and conditions.
By signing up for The Hybrid Collective’s event(s), I hereby release and hold harmless Hybrid Collective (and its employees, attendees, agents, staff, and customers) of any and all liability and explicitly agree to the below terms in full. Furthermore, I agree to obey all rules and guidelines issued by The Hybrid Collective at all times while I am attending the event.
EVENT POLICIES
Entry To Event. I am aware and acknowledge that I may be subject to a search when I arrive at the event and that The Hybrid Collective shall have the right to inspect any bags or items I may bring with me when I am at the event, for whatever reason The Hybrid Collective may deem necessary. I will consent to these searches and will release and hold harmless The Hybrid Collective from any claim that may arise from such searches. I understand that The Hybrid Collective will remove any banned or illegal items that I may bring to the event. I will permit them to do so if I wish to enter the event. These items can include but are not limited to: excessive amounts of alcohol, illegal narcotics, drugs, or pharmaceuticals or other controlled substances, noisemakers, fireworks or explosives, firearms, laser pointers or penlights, strobe lights, chemical irritants, or any other items that The Hybrid Collective might deem dangerous or disruptive to the event.
No Recording, Streaming, or Filming. The Hybrid Collective requires that I refrain from using any audio or video recording equipment during the course of the event during any of the educational portions of the event. The Hybrid Collective has practiced in place to make audio and video recordings of the event. The information that is presented at the event is proprietary to The Hybrid Collective and has significant value, and as a part of my participation in the event, I will not attempt to record or stream any of this information, and I will not assist others in such activities. If I do violate this clause, The Hybrid Collective shall be entitled to access my devices and delete all recordings found on the device or on online platforms connected to the devices, and I may be asked to leave the event without a refund, and barred from attending future events. This does not include posting snippets on social media, which is encouraged, but rather the filming, streaming, and/or recording of educational lessons.
Photoshoots. All stylized shoots scheduled during the event will not be refunded or transferred under any circumstances. During the course of the event, I understand that I may not purchase, schedule, or participate in any unauthorized photography and videography shoots either on or near the event premises. All photography and videography shoots that are not operated or sanctioned by The Hybrid Collective are unauthorized. I understand that if I am discovered to have violated this policy I will be removed from the event and I will no longer be permitted to attend the event. No refunds will be offered to me, and no transfer or credit will be issued to me either.
Attendees are not allowed to create their own styled shoots, educational session, or class and charge for participation throughout the duration of the Hybrid Co. event days.
Code of Conduct. The Hybrid Collective wants to create a fun, laid-back, and inspiring environment for all those involved. Having a diverse and inclusive atmosphere is one of The Hybrid Collective’s primary goals in holding the event. I understand and agree to treat the staff and attendees at the event with courtesy and respect. Proper attire is required at all times while I am at the event, with the expectation that all intimate areas are concealed. Vulgar, hostile, threatening, racist, sexist, homophobic, and similarly inappropriate language and behavior will not be tolerated. Any violence or harassment committed by myself against either The Hybrid Collective, its agents, or any of the other attendees will be dealt with in accordance with the Behavior and Safety Policy.
Additionally, excessive consumption of alcoholic beverages or other intoxicating beverages or substances to the point of disruptive inebriating is discouraged and may result in my removal from the event and require the Hybrid Collective to request the local authorities’ assistance. The use of illegal narcotics and other controlled substances is also expressly prohibited. I am aware that The Hybrid Collective reserves the right to require me to leave the event, without a refund, if The Hybrid Collective determines in its sole discretion that I have violated this provision in any way whatsoever. The Hybrid Collective may also revoke my right to attend the event should it determine, in its sole discretion, that my continued presence at the event would be disruptive, dangerous, or otherwise create hazards to the proper functioning of the event.
Behavior and Safety Policy. The Hybrid Collective has the right to immediately terminate all services if I or any of my agents are acting inappropriately towards The Hybrid Collective or any of its agents, employees, or other attendees, or if exhibiting threatening, harassing, hostile, stressful, unhealthy, unethical, constraining, or offensive behavior, verbal abuse, or in the event that the safety of The Hybrid Collective is in question. The Hybrid Collective has the right to withdraw from and terminate services to remove The Hybrid Collective and/or The Hybrid Collective’s agents from the situation without approval from me if The Hybrid Collective feels they can no longer do their job effectively in these circumstances. In the event services are terminated, for this reason, all monies paid shall be retained by The Hybrid Collective, and The Hybrid Collective will be released and held harmless as a result of incomplete services. Excessive consumption of alcohol and/or any illegal drug use may result in my removal from the event premises, as well as a call to the local police department.
I understand and agree that The Hybrid Collective works to maintain a safe environment at all times and is obligated to comply with all health and safety laws, directives, rules, and regulations, as well as all of the rules of the event facility. I agree that myself and my agents shall not carry weapons or firearms, be exposed to severe illness, or request The Hybrid Collective to do anything illegal or unsafe. I agree to undertake best efforts to treat all involved in the Event, including The Hybrid Collective and its agents, with respect and dignity. The Hybrid Collective is not obligated to provide services in any location or area deemed to be unsafe, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. In the event any of these circumstances arise, Hybrid Collective reserves the right to terminate service and this Agreement. Hybrid Collective shall be entitled to retain all monies paid and I agree to forfeit all payments and relieve and hold Hybrid Collective harmless. I am responsible for following all of the event venue and location rules while on-site.
Weather Policy. In the event of inclement weather, events and shoots will be adjusted accordingly as needed at the discretion of The Hybrid Co., however, The Hybrid Co. is not responsible for weather conditions and no refunds will be offered for shoots or events that need locations or other details moved due to inclement weather conditions or any other reason outside of The Hybrid Co.’s control.
Pets. Pets are not allowed on-site unless they are a licensed and registered service animal.
Diversity. The Hybrid Collective places great value on diversity and inclusion, and agree that in the performance of this Agreement they shall not discriminate in any manner on the basis of race, color, national origin, age, religion, sex, sexual orientation, disability, genetic information, veterans status or gender identity as protected by law. Likewise, The Hybrid Collective shall not tolerate any discrimination by myself to other attendees on any of the above-listed bases. If I do discriminate against an employee or agent of The Hybrid Collective or any of the other attendees, I understand that I shall be subject to removal from the event and forfeiture of all remaining services of The Hybrid Collective. Discriminatory actions or behavior shall be judged solely at the discretion of The Hybrid Collective, and it shall have the unilateral authority to take action to correct such discriminatory actions or behavior at its discretion.
PAYMENT AND REGISTRATION
Payments, Refunds, and Transfers. All payments for the event are due at the time of registration. I am aware The Hybrid Collective requires that all attendees must register and pay prior to arriving at the event. I understand that The Hybrid Collective does not offer any refunds, credits, or transfer of tickets to me if I am unable to attend for any reason. All sales by The Hybrid Collective are to be considered final. The Hybrid Collective requires that I make all payments via their online payment system, and if my payment is not received then I will not be entitled to receive a ticket.
Age. I understand that in order to participate in the event hosted by The Hybrid Collective I must be at least 18 years old, and have the legal right to enter into this Agreement on my own behalf.
Cancellation. In the event that The Hybrid Collective is unable to hold the event as planned, I will be able to receive a credit for the purchase price of the ticket, but not for any other costs, purchases, or fees associated with the event or my travel plans. I agree to release and hold harmless The Hybrid Collective in connection with any cancellations on their part. I understand that The Hybrid Collective is solely able to determine whether it is necessary to cancel an event under this clause.
Additionally, in the event where I am unable to attend the event because I am absolutely, legally prevented from attending due to the restrictions put into place by a government entity such as my national, state, or local government, I will be able to cancel my participation with the event. I will be required to provide the appropriate documentation to prove that I cannot legally attend the event. In such a case, I will not be provided with a refund, but instead, I will be given a credit towards another event hosted by the Hybrid Collective.
If I attempt to cancel my participation in the event for any other reason, then I shall not be entitled to this credit from the Hybrid Collective. Furthermore, if I fail to provide the appropriate documentation to prove my inability to attend the event I shall also be ineligible for the credit. All other cancellations shall receive no refunds or credits towards any services provided by the Hybrid Collective.
Revocable License. I understand and acknowledge that by purchasing a ticket for the event hosted by The Hybrid Collective, I am receiving a revocable, non-transferable license to participate in the event. This license may be revoked by The Hybrid Collective at any time, with or without cause. If I am found to have violated any of the terms contained herein I understand that The Hybrid Collective has the sole discretion to determine whether my license shall be revoked.
RIGHTS
Assumption of The Risk. I hereby fully assume all risks of participating in any and all activities associated with this event. I understand and agree that my safety is my own responsibility. I agree to observe any rules and practices set forth to minimize the risk of injury and health to persons or property and to stop and seek assistance if I do not believe that I can safely continue my participation in the event. I further agree to refrain from any actions that would pose a hazard to myself or others and to defend and indemnify The Hybrid Collective in the event that my actions, whether intended or not, violate this Agreement or any applicable laws and regulations. Alcoholic beverages may be available at the event. I understand that I am not required to drink, but if I do, I will drink responsibly. I am aware of the dangers associated with the consumption of alcohol and/or drugs before, during and after the event hosted by The Hybrid Collective. I further recognize that consuming alcohol and/or drugs might impair my judgment, and I assume responsibility for any injury, loss, or damage stemming from my use of alcohol and/or drugs. I understand that The Hybrid Collective recommends that I stay hydrated and well-nourished throughout the Event.
Release of Liability. By purchasing a ticket for The Hybrid Collective and acknowledging this agreement, I hereby waive and release The Hybrid Collective, its agents, servants, employees, insurers, and successors, and assigns from any and all claims, liability, demands, causes of action, damages, or suits at law and equity of any kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence or involvement with the event. I acknowledge that the event is subject to complying with guidelines and may vary due to any mandated protocols.
Model Release. I understand that I may be photographed, recorded, or included in digital media clips/streams taken at the event. I hereby give The Hybrid Collective the universal and irrevocable right to use my name, voice, likeness, basic biographical information, and depictions in connection with the exploitation and promotion of the event in any manner and any medium whatsoever (including, but not limited to, promoting the event and similar future events on social media, digital media, newsletters, and online). My contributions to the resulting creative works are deemed a work-made-for-hire under U.S. copyright law and, accordingly, any rights that I may have in such creative works shall be assigned in full to The Hybrid Collective.
Limitation of Liability. This waiver and release is intended to and does release The Hybrid Collective from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties, and The Hybrid Collective negligence. It also is intended to release The Hybrid Collective and myself from all claims of consequential damages, indirect damages, punitive damages, and treble damages. This is not intended to release The Hybrid Collective from any liability resulting from their intentional conduct.
Force Majeure. Each of the following shall be defined as a “Force Majeure Event”: (a) acts of God; (b) casualty or natural disasters (including, without limitation, fire, earthquake, explosions, hurricane, flooding, storms, blizzards, infestations, epidemic, or pandemic); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, or other civil unrest; (d) government order, law, or act (or failure to act); (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, lockouts, labor disputes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) personal incidents such as accident, death in the family, illness, medical or health condition, or sudden tragic circumstances; or (j) any other reason not within the reasonable control of the party delayed in performing (whether similar or dissimilar to the foregoing events).
If either party shall be prevented from performing under this Agreement by reason of a Force Majeure Event, then such non-performing party shall not be in default under or in breach of this Agreement as a result. The non-performing party shall give notice of its inability to perform to the other party within five (5) days after the Force Majeure Event, though performance shall still be excused even if notice isn’t given. The non-performing party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event, and the non-performing party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. The provisions of this clause shall not operate to excuse timely payment under this Agreement.
DISPUTE RESOLUTION
Indemnification. I covenant and agree not to institute any claims or legal action against The Hybrid Collective for any claim released by this Agreement. I will protect, defend, and completely indemnify The Hybrid Collective for any such claim and expenses, including attorney’s fees and costs incurred by The Hybrid Collective in defending themselves or security indemnity hereunder.
Governing Laws. This Agreement shall be governed by the laws of the State of Utah, without reference to rules governing choice and/or conflicts of law. Parties agree and consent to the jurisdiction of the appropriate court in the County of Summit in the State of Utah to resolve any dispute arising under this Agreement and agree not to commence any action, suit or proceeding relating thereto except in such courts.
Arbitration. Any controversy or claim arising out of or relating to this Services Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Mediation. If a dispute arises out of or relates to this contract, 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, litigation, or some other dispute resolution procedure.
MISCELLANEOUS
Amendments to These Terms. The Hybrid Collective reserves the right to modify these terms at any time, without issuing any notice. I understand that it is my responsibility to check periodically with this Agreement to review any new terms. Any new terms that are added to this Agreement shall be considered binding upon the Parties.
No Waiver of Rights. The failure of either party to the Agreement to exercise any of its rights under this Agreement at any time does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
Reservation of Rights. Any and all rights not expressly granted to me hereunder are reserved to The Hybrid Collective. The Hybrid Collective shall be entitled to all inference of rights that may be legally granted to it under this Agreement.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Entire Agreement. This Agreement constitutes the entire agreement between the parties, supersedes any prior understandings or agreements, written or verbal, between the parties.
Commencement. The term of the Agreement will commence upon the execution hereof and continue for the duration of any working relationship between the parties identified above. Any change or further limitation of this time period shall be in writing and signed and agreed upon by both parties. This agreement shall be binding regardless of the amount of work performed by The Hybrid Collective.
Acknowledgments. I have read the Agreement and understand that by signing the Agreement, I have consented to be bound by these terms, including the waiver/release of any legal right I may have to sue The Hybrid Collective for any costs they incur because a claim or legal action is brought in violation of this Agreement. This Agreement does not supersede or replace any existing Agreement entered into by myself and The Hybrid Collective, but it serves as an additional waiver of liability.
I have read, understood, and agreed to the above terms. This Agreement may be executed by my signature transmitted by facsimile, and copies of this Agreement executed and delivered by means of facsimile signatures shall have the same force and effect as copies thereof executed and delivered with original signatures.
Any transfer or ticket is $99.
