Please read the following terms, policies and waiver carefully before continuing with your purchase.
ALL PARTICIPANTS IN GEN CON LLC'S ("GEN CON") INDY 2013 CONVENTION ("CONVENTION") BEING HELD August 15-18, 2013 IN INDIANAPOLIS, INDIANA, ARE REQUIRED TO, AND HEREBY DO, ASSUME ALL RISK OF PARTICIPATION IN THE CONVENTION BY ACCEPTING THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") AND THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY DESCRIBED BELOW.
EXCHANGES OR UPGRADES
If an event has been cancelled, please see the area Hall Captain for further instructions. No event ticket refunds will be given for cancelled events without a stamp or signature from the Hall Captain. Whereas cancelled event tickets with proper Hall Captain signature qualify for refund, Convention badges will NOT be refunded or credited due to event cancellations.
LOST BADGES & EVENT TICKETS
We cannot replace lost, stolen or forgotten badges and/or event tickets. Please be responsible with your convention materials. If you choose to have your badge or event tickets shipped to you and do not elect to have your parcel tracked, GEN CON will not provide refunds, credit or replacements for any lost items. GEN CON will not refund, credit or replace badges or event tickets if courier tracking indicates the badge or ticket was received at your premises. Lost, stolen or forgotten items must be repurchased at full cost. It is recommended you check with the GEN CON Show Office to see if your materials have been turned in to Lost & Found. GEN CON assumes no responsibility for lost, stolen or forgotten materials.
WAIVER/ASSUMPTION OF RISK/RELEASE OF LIABILITY
You agree to assume all risks of participating in the Convention and release GEN CON from any liability for loss, damage or injury (including disability or death) to your person and property while attending, participating in or becoming involved with the Convention. You specifically make the following representations and assurances to GEN CON, acknowledging that GEN CON would not permit your participation in the Convention without receiving such representations and assurances:
I wish to participate in a GEN CON Convention subject to the terms and conditions herein. I acknowledge and agree that the Convention involves some inherently dangerous activities. GEN CON will use good faith efforts to conduct and manage the Convention, but I understand that it is not possible to make the Convention completely safe. I warrant and represent that I am sufficiently knowledgeable, skilled and/or informed regarding the Convention to properly and fully judge the inherent risks of the Convention.
ASSUMPTION OF RISK. I acknowledge and agree that the Convention involves potential risks of serious personal injury, disability or even death. I represent that I have sufficient physical fitness to participate in the Convention and I have no medical reason or impairment that might otherwise prevent me from participating in the Convention. If I know or should know of any condition or problem that might prevent me from safely participating in the Convention, I agree that I will immediately advise GEN CON and remove myself from the Convention.
In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby assume full responsibility for my own safety and accept all known and unanticipated risks of loss, damage and injury (including death or disability) to myself and my property while attending, participating in or becoming involved with the Convention, regardless of whether or not such risks are attributable to the negligence of others. By assuming and accepting all known and unanticipated risks, I completely absolve, waive, discharge and release GEN CON and all its employees, advisors, consultants, members, contractors, organizers, operators, volunteers, sponsors or other persons affiliated with GEN CON and all facility staff, guests, fellow participants, landlords, owners, management companies and the like (collectively the Indemnified Parties) from any legal duty for my safety or any liability for my harm, to the maximum extent permitted by law.
RELEASE OF LIABILITY. In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby agree to release, waive, discharge, hold harmless, defend and indemnify the Indemnified Parties from and against any and all liability, claims, demands, controversy, lawsuits or possible causes of action ("Claims") that may accrue or arise from any loss, damage or injury (including death or disability) to my person and property that is in any way related to or arising in connection with my attendance at, participation in or involvement with the Convention, regardless of whether or not such Claims are attributable in whole or in part to any act, omission or negligence of the Indemnified Parties. I agree that the Indemnified Parties will not be legally responsible for any loss, damage and injury (including death or disability) to my person and property arising out of or in any way connected to the Convention, however caused and on any theory of liability whatsoever (whether in contract, tort, negligence, strict liability or otherwise), including but not limited to the Indemnified Parties own negligence. Such defense and indemnification shall include all reasonable costs, expenses and attorneys fees that may be associated with any Claims. I further agree that I will not cause, encourage, promulgate, support or cooperate with (unless such cooperation is judicially mandated) any Claims to be brought against the Indemnified Parties.
I understand that the above release and assumption of risk is intended to provide a comprehensive release of liability but is not intended to assert any defenses that are prohibited by law. The release and assumption of risk shall be enforceable to the fullest extent allowed by law. If any portion of the release and assumption of risk is held invalid, those parts that are not held invalid shall continue in full force and effect. The terms of the above release and assumption of risk shall apply to and be binding on myself, my spouse, my heirs, all members of my family, executors, administrators, representatives, and assigns.
I understand this Agreement is a binding contract that supersedes any other agreements or representations and is intended to provide a comprehensive release of liability but is not intended to assert any defenses which are prohibited by law. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States District Court for the Western District of Washington or the Superior Court of Washington State for King County any actions, suits or proceedings arising out of or relating to this Agreement and irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement. The parties hereby irrevocably waive all rights to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or otherwise relating to this Agreement.
EXPLOITATION OF NAME AND LIKENESS
In consideration of being allowed to participate in this Convention, I hereby agree that GEN CON may photograph and/or record my likeness and/or voice and my participation in the Convention and without any additional consideration, I hereby agree that GEN CON and its assigns and/or licensees may distribute, exhibit, broadcast, exploit, advertise, publicize and promote my name, biographical material, likeness, voice and performance in and in connection with the Convention or other GEN CON events. I further agree that GEN CON may edit my appearance therein and I waive any personal or proprietary rights with respect thereto. I represent and warrant to GEN CON that I have not made any contract or commitment in conflict with this grant of rights to GEN CON. Nothing herein contained shall obligate GEN CON to make or cause to be made any broadcast or other use of said appearance, or to exercise any of the rights granted to GEN CON herein.
ETHICS, CONDUCT AND NO HARRASSMENT
I understand that GEN CON is dedicated to providing a safe, enjoyable, and harassment-free Convention experience for all participants and workers, regardless of their gender, sexual orientation, disability, physical appearance, body size, race, religion, or affiliation, and I hereby acknowledge that disruptive behavior, inappropriate and unlawful conduct, and harassment in any form will not be tolerated. I agree to conduct myself, and any minors under my supervision, in a safe, responsible, non-disruptive, and lawful manner while attending the Convention, and understand that violation of Convention policies as determined by GEN CON in its sole discretion, may result in my expulsion from the Convention without refund.
If you have any inquiries regarding our Refund, Exchange or Cancellation Policies, please call our office at 800-529-3976 x3806 or email us at customerservice(at)gencon.com. Customer Service hours are 9:30 am - 5:00 pm (Pacific), 12:30 pm - 8:00 pm (Eastern). During the convention, all inquiries can be made at the Customer Service kiosk onsite.
I HAVE CAREFULLY READ THIS TERMS OF SERVICE AGREEMENT, FULLY UNDERSTAND ITS CONTENTS AND HEREBY ACCEPT AND AGREE TO IT VOLUNTARILY OF MY OWN FREE WILL. I AFFIRM THAT EITHER I AM OVER 18 YEARS OF AGE AND HAVE FULL RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS TERMS OF SERVICE AGREEMENT AND TO MAKE THE RELEASE AND ASSUMPTION OF RISK DESCRIBED HEREIN, OR THAT MY PARENT OR LEGAL GUARDIAN HAS READ AND SIGNED THIS TERMS OF SERVICE AGREEMENT.
IF PARTICIPANT IS UNDER 18 YEARS OF AGE, PARENT OR LEGAL GUARDIAN MUST ALSO SIGN
The undersigned hereby represents that he/she is in fact the parent or legal guardian of the participant, that he/she has the right, authority and capacity to sign this Terms of Service Agreement and to make the release and assumption of risk described herein for and on behalf of the participant, that he/she has carefully read this Terms of Service Agreement and understood its contents, and that he/she is hereby accepting and agreeing to it voluntarily of his/her own free will.