TERMS AND CONDITIONS

With regard to attending the Gratitude Migration: Summer Dream 2017 (the “Event,”), which is produced by Gratitude Migration Inc., and its officers, directors, employees, agents, representatives, affiliates, representatives, successors, licensees and assigns (“GMI”), a New York corporation, shall take place at hELLO Beach in Keansburg, NJ (“Venue”), this July 14-16, 2017.  I acknowledge and agree that I will be participating in the Event as a “Guest,” and more specifically, either a “Ticketed Guest,” “Artistic Guest,” “Vendor Guest,” and/or a “Working Guest” and agree to adhere to the Terms of Service below:

  1. GUEST TYPES:  Below is a description of the different types of “Guests.”  As a Guest, I acknowledge that I am participating in the Event of my own free will and may be subject to other agreements with and requirements of GMI in addition to these Terms of Service.  I am one or more of the following types of Guests:
    1. TICKETED GUESTS:  I am participating in the Event as an attendee and have purchased or otherwise obtained a ticket to be granted access.  These Terms of Service govern my child(ren) (as defined below and if applicable) and my behavior while at the Event and/or Venue.  I acknowledge and agree that my Child(ren) (if applicable) and my access to the Event and Venue is granted solely in exchange for such payment or other valid consideration, and my full satisfaction of these Terms of Service outlined herein.  My failure with any of my obligations to GMI may result in the cancellation of my Child(ren) (if applicable) and my right to participate in the Event or be at the Venue;
    2. ARTISTIC GUESTS:  I am participating in the Event as an artist pursuant to a separate GMI artist agreement, which governs the services I deliver.  These Terms of Service are GMI’s “Artistic Guest Requirements” and govern my personnel and my (collectively, “our” or “us”)) behavior while at the Event and/or Venue.  I acknowledge and agree that such access to the Event and Venue are granted to us solely in exchange for such service and our full satisfaction of the terms and conditions outlined herein.  Our failure hereunder may result in the cancellation of my right to supply artistic services at the Event or be at the Venue;
    3. VENDOR GUESTS:  I am participating in the Event as a vendor pursuant to a separate GMI vendor agreement, which governs the services I deliver.  These Terms of Service are GMI’s “Vendor Guest Requirements” and govern my personnel and my behavior while at the Event and/or Venue.  I acknowledge and agree that such access is granted to us solely in exchange for such service and our full satisfaction of the terms and conditions outlined herein.  Our failure hereunder may result in the cancellation of my right to supply vendor services at the Event or be at the Venue; and/or
    4. WORKING GUESTS:  I am participating in the Event as an employee, consultant or volunteer pursuant to a separate GMI employee, consultant or volunteer agreement, which governs the services I deliver.  These Terms of Service are GMI’s “Working Guest Requirements” and govern my personnel and my behavior while at the Event and/or Venue.  I acknowledge and agree that such access is granted to us solely in exchange for such service and our full satisfaction of the terms and conditions outlined herein.  Our failure hereunder may result in the cancellation of my right to work at the Event or be at the Venue.
  2. COMPLIANCE WITH LAWS.  I shall comply with any and all laws, regulations, codes, policies, procedures, instructions, rules, and these terms and conditions of GMI, GMI Affiliates (as defined), the Venue and the Event.  “GMI Affiliates” means any partner, municipality, property owner or social media or network of GMI, including, without limitation, the Borough of Keansburg, its police, fire, power, maritime and sanitation departments, GMI’s private security team, insurers, contractors, subcontractors, vendors, official artists and Eventbrite, Inc.  
  3. PHYSICAL CERTIFICATION.  I certify that I am physically able to participate in the Event and in any activity or performance associated with it, and have not been advised otherwise by a medical professional.  I certify that I am capable of appropriately navigating the Venue, including any water related activities.  Any failures in these certifications shall be at my own risk, and not the responsibility of GMI or GMI Affiliates.
  4. VENUE AND NEIGHBORING PROPERTY.  I acknowledge that as a Guest I am only being granted access to the Venue and not its surrounding neighbors, property or waters.  My entry onto any such property, waters or neighbors, shall not be with the consent of GMI or GMI Affiliates, shall be at my own risk, and shall be deemed to outside the rights granted me as a Guest.  I shall indemnify GMI, GMI Affiliates or Event Participants (as defined below) for any damage or injury I may cause resulting from such entry or trespassing on or in neighboring property or waters.
  5. CHILD(REN) UNDER 8.  I am bringing a Child or Children to the Event and/or Venue.  I understand that only minors 8 years of age or younger, can attend the Event and only if accompanied by a parent or guardian 18 years of age or older.  If I am bringing such a Child or Children to the Event and/or Venue, I will execute a GMI Parent/Guardian Consent, Waiver and Release.  Even if I fail to do so, by either purchasing a ticket, participating in the Event and accessing the Venue, I acknowledge and agree on behalf of My Child(ren), myself and our collective family, heirs and assigns, to all of terms contained in these Terms of Service, and any other GMI procedure, rule or requirement.  Furthermore, I acknowledge, understand and agree that I am solely responsible for My Child(ren) at all times.  I understand that there is a beach at the Venue, and that I am solely responsible for ensuring that My Child(ren) do not enter the water unattended or walk around the Venue unchaperoned.  I hereby release GMI, GMI Affiliates and Event Participants, from any liability related to injuries or accident, which may arise involving My Child(ren), including, without limitation, entering into the water or the other parts of the Venue, or participating in any Event class, workshop, or activity.  Furthermore, I grant to GMI the right to take and publish images of My Child(ren) as set out below in these Terms of Service.
    1. Furthermore, I represent and warrant that (a) I am the parent or legal guardian of My Child(ren) named below, (b) no legal reason otherwise affects my rights as parent or legal guardian to bring or supervise My Child(ren), (c) My Child(ren) are age eight (8) years old or younger, (d) I have the legal right, power, and authority to consent to this Agreement on behalf of My Child(ren), myself and our collective heirs and successors, and (e) I am at least 18 years of age.  I have read, understand and consent to the these Terms of Service and agree that My Child(ren), I and our collective families, heirs, successors and assigns, shall be bound by such.  I understand that promise is not revocable.  I agree to defend, indemnify, and hold harmless GMI, GMI Affiliates and Event Participants from and against all claims resulting from My Child(ren)'s or my breach or alleged breach of these Terms of Service or any other GMI procedure, rule or requirement.
  6. SWIMMING/LIFEGUARDS.  I understand that lifeguards will be on duty at designated sites during designated hours.  I understand that regardless of whether or not lifeguards are present, if I choose to enter the water, I do so at my own risk, and I release GMI and GMI Affiliates from any and all related liability.
  7. PROHIBITED ACTIVITIES.  I acknowledge that the following are prohibited:
    1. Child(ren) over the age of 8
    2. Glass
    3. Pets
    4. Illegal Drugs
    5. Open Fires
    6. Amplified Sound Systems
    7. Outside Alcohol 
  8. VEHICLES.  All vehicles including trucks, trailers and RVs entering the Event or its Venue are subject to search by gate staff for prohibited items.  Illegal drugs and firearms are not allowed at the Event or Venue.
  9. NO NUDITY.  Public nudity is prohibited.  I understand that I must remain clothed at all times when in at the Event and in all Venue public areas, and that I must wear a bathing suit (or other similar garment) when swimming.
  10. MEDICAL/SAFETY TREATMENT.  I consent to medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release GMI and GMI Affiliates and all persons participating in any medical or safety treatment from all responsibility for any actions.  I will supply any necessary personal information required to allow for attention to my medical needs while at the Event or on the Venue.
  11. ENVIRONMENTAL REQUIREMENTS.  I understand that the Event and its Venue are a Leave No Trace, “pack-it-in, and pack-it-out” environments.  I shall adhere to these requirements and shall bring home with me anything I bring in, including garbage and recycling.
  12. ACCESS.  GMI reserves the right (on behalf of itself, GMI Affiliates or Event Participants) to refuse to sell me a ticket, grant me the ability to participate in the Event or to enter the Venue at any time for any reason, and my permission to be present at the Event may be revoked by GMI (on behalf of itself or a GMI Affiliate) at any time, for any reason.  
  13. TICKET SALES.  All sales are final.  No refunds or exchanges will be issued for any reason.  Tickets may be transferred to other individuals.  Nonetheless, GMI reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by scalpers, dealers, resellers or distributors.  I agree to provide current, complete and accurate purchase and account information for all purchases made. I agree to promptly update my account and other information, including my email address and credit card numbers and expiration dates, so that GMI, or a GMI Affiliate on its behalf, can complete my transactions and contact me as needed.
  14. THIRD-PARTY TICKETS.  In the event I obtain tickets for any other person or persons, I recognize that I am acting as that person’s agent, and due to this agency relationship I agree to these terms on behalf of any person to whom I deliver any of the tickets and I shall notify any such person of these terms. 
  15. USE OF IMAGE AND BIOGRAPHICAL INFORMATION.  By being a Guest, attending the Event and/or entering the Venue, I grant GMI an unpaid, royalty-free, worldwide, sublicensable, exclusive, transferable license to reproduce, publish and display my image (still or video) and/or biographical information in or on any GMI archives, webpages, marketing materials and any other descriptive documents.  I hereby give GMI the right to use and disseminate my image or biographical information in all forms and in all media and in all manners in connection with the Event and/or the promotion of GMI’s business, products, and/or services.  I acknowledge that while at the Event or the Venue my likeness may be captured on film, video or photography, which may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release GMI, GMI Affiliates and Event Participants from any liability due to such filming, photographing or dissemination.  Furthermore, I acknowledge that my likeness may be captured and used by GMI, GMI Affiliates and/or Event Participants who have been granted written permission from GMI for event documentary and/or promotional purposes.
  16. NONCOMMERCIAL AND COMMERCIAL USE.  GMI adheres to the Creative Commons Noncommercial Share Alike license (“CC Share Alike License”) for any photography, film, video or audio recording taken by me at the event.  https://creativecommons.org/licenses/by-nc-sa/3.0/us/.  I understand that any commercial photography, film, video or audio recording of the Event, Venue, GMI, GMI Affiliates or Event Participants taken by me, requires prior written permission from GMI and others.  Without such permission, I have no right to commercially sell, transfer, license, sublicense or give any of my photography, film, video or audio recording obtained by me at the Event to any other party, except for my own, noncommercial, private, personal use as outlined in the CC Share Alike License (collectively, “Personal Use”).  In the event that a third-party obtains and uses, or I use, any of my Event photography, film, video or audio recording for anything other than for Personal Use without such written permission from GMI, I agree that any permission, license or rights I may have granted this third party are completely void and invalid and that GMI has the absolute right, to require such third-party to cease all use of my photography, film, video or audio recording or any other legal remedies available to GMI, including, injunctive relief.
  17. RISK WAIVER.  I acknowledge, understand and agree that as a Guest I may be engaging in activities that may involve risk of serious injury, including permanent disability, death, property, reputational, social and/or economic loss or damage.  These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of GMI or GMI Affiliates, their respective agents, employees, and consultants, and any Event attendees, volunteers, vendors, spectators, trespassers and other Event Guests (collectively, “Event Participants”); (b) conditions of the Event’s Venue, services or equipment supplied or used; (c) rules and regulations regarding Event activities; (d) weather, temperature or ocean conditions; (e) condition of GMI, GMI Affiliates personnel or Event Participants; and, (f) vehicular traffic.  I further acknowledge, understand and agree that there may also be other risks that are not known or foreseeable at this time.  I knowingly and voluntarily assume all the above risks, which may occur by attending the Event.  I hereby release, discharge, and hold harmless GMI, GMI Affiliates and Event Participants from any claim arising from such risk, even if arising from the negligence of GMI, GMI Affiliates and Event Participants, and I assume full responsibility and liability for my participation. 
  18. GENERAL PROHIBITIONS.  In addition to other prohibitions as set forth herein, I am prohibited from using the Event, Venue or any GMI property or website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Event, Venue or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Event, Venue or any related website, other websites, or the Internet.  GMI reserves the right to terminate my access to the Event or Venue or any related website for violating any of the prohibited uses. 
  19. INDEMNIFICATION.  I, on behalf of myself, my heirs, executors, administrators, family, friends and assigns, hereby waive, release, discharge, and agree indemnify GMI, GMI Affiliates, Event Participants or the Event (collectively the “Releasees”), for any and all claims for damages, injuries, losses, liabilities and expenses that I or My Child(ren), as applicable, may have or which may subsequently accrue to My Child(ren), as applicable, or me, relating to, resulting from or arising out of my use and/or participation in the Event or its Venue, including any injury or damage to my, or My Child(ren)’s, person or property, or to that of any other person or property, or resulting from breach of any of my obligations hereunder.  I intend that this indemnification, and any waiver and release of liability contained herein shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
  20. LIMIATATION OF LIABILITY.  THE EVENT AND VENUE ARE PROVIDED ON AN "AS IS" BASIS.  GMI’S AND GMI AFFILIATES’S RELATED SERVICES ARE PROVIDED ON AN "AS AVAILABLE" BASIS.  ALL EVENT SERVICES ARE PROVIDED WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ERRORS OR OMISSIONS OR OTHERWISE.  WITHOUT LIMITATION, GMI, AND ON BEHALF OF GMI AFFILIATES, OR ANY OTHER RELEASEE, DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH THE EVENT AND VENUE.  GMI OR GMI AFFILIATES DO NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE EVENT OR VENUE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO ME.  TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, GMI AND GMI AFFILIATES, OR ANY OTHER RELEASEE, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MY (OR MY CHILD(REN)) USE, OF OR INABILITY TO USE, ACCESS OR PARTICIPATE IN, THE EVENT OR VENUE.  I EXPRESSLY AGREE THAT MY (AND MY CHILD(REN)) USE ATTENDANCE AND PARTICIPATE IN THE EVENT OR ACCESS TO THE VENUE ARE SOLELY AT MY OWN RISK.  UNDER NO CIRCUMSTANCES SHALL GMI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE EVENT, VENUE OR A GMI AFFILIATES SERVICE OR INVOLVEMENT, EVEN IF GMI, GMI AFFILIATES, ANY OTHER RELEASEE, OR ANY OF THE FOREGOING’S SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  21. ACTS OF GOD.  I agree that GMI and GMI Affiliates are not liable for acts of God, the weather, strikes, protests, terrorism, or actions taken by government agencies and similar causes.  I understand that tickets 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 or conditions beyond GMI’s control.
  22. SERVERABILITY.  In the event that any provision of these Terms of Service are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 
  23. GMI AFFILIATE REQUIREMENTS.  GMI Affiliates may have additional rules, terms or requirements and I am fully responsible for researching and adhering to such requirements on my own.  GMI is not responsible for any engagement My Child(ren) or I may have with such GMI Affiliate, or their related services or websites, and such responsibility shall be solely mine.
  24. AMENDMENTS.  These Terms and Conditions may be changed by GMI at anytime without further notice to me, and solely by GMI’s publication of such changes on the GMI website, in which case the such revisions shall apply.  I agree to execute any and all documents required by GMI or GMI Affiliates to perfect my obligations herein.
  25. ENTIRE AGREEMENT.  These Terms of Service and any GMI procedures, requirements policies or operating rules posted by us on the GMI site or otherwise shared with me, are incorporated herein and constitute the entire agreement and understanding between GMI and me.  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.  These Terms of Service are governed by the laws of the State of New York, excluding its conflict laws.