All participants in Gen Con LLC's ("Gen Con") Pop-Up Gen Con program ("Program") in certain retail locations authorized by Gen Con, are required to, and hereby do, assume all risk of participation in the Program by accepting this terms of service agreement ("Agreement") and the assumption of risk and release of liability described below.
By purchasing a registration or otherwise participating in the Program, I agree to be bound by this Agreement.
Gen Con cannot replace lost, stolen or forgotten badges. Gen Con will not provide refunds, credit or replacements for any lost items. Lost, stolen, or forgotten items must be repurchased at full cost. Gen Con assumes no responsibility for lost, stolen, or forgotten materials.
WAIVER / ASSUMPTION OF RISK / RELEASE OF LIABILITY
I agree to assume all risks of participating in the Program and release Gen Con from any liability for loss, damage, or injury (including disability or death) to my person and property while attending, participating in, or becoming involved with the Program. I specifically make the following representations and assurances to Gen Con, acknowledging that Gen Con would not permit my participation in the Program without receiving such representations and assurances:
I wish to participate in a Gen Con Program subject to the terms and conditions herein. I acknowledge and agree that the Program involves some inherently dangerous activities, and I understand that it is not possible to make the Program completely safe. Gen Con will use good faith efforts to organize the Program, and I further understand that the Program takes place at a location outside of Gen Con’s direct control and that Gen Con cannot warrant that the Program will be administered according to Gen Con’s stated guidelines and best practices. I warrant and represent that I am sufficiently knowledgeable, skilled and/or informed regarding the Program to properly and fully judge the inherent risks of participating in the Program.
ASSUMPTION OF RISK
I acknowledge and agree that the Program involves potential risks of personal injury, disability, or even death. I represent that I have sufficient physical fitness to participate in the Program and I have no medical reason or impairment that might otherwise prevent me from participating in the Program. If I know or should know of any condition or problem that might prevent me from safely participating in the Program, I agree that I will immediately remove myself from the Program.
I further acknowledge and agree that the Program is administered by a third party approved and authorized by Gen Con, but that Gen Con has no direct control over the third parties’ store policies, hours, rules and other restrictions that the third party may reasonably establish for the administration of the Program.
In consideration of being allowed to attend, participate in, or become involved with the Program, 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 Program, 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, advisers, consultants, members, contractors, organizers, operators, volunteers, manufacturers, publishers, 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 Program, 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 Program, 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 Program, 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 Party's own negligence. Such defense and indemnification shall include all reasonable costs, expenses, and attorney's 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 Program, I hereby agree that Gen Con and its assigns and/or licensees may photograph and/or record my likeness and/or voice and my participation in the Program 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 Program or other Gen Con events. I further agree that Gen Con and its assigns and/or licensees 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 HARASSMENT
I understand that Gen Con is dedicated to providing a safe, enjoyable, and harassment-free Program experience for all participants and workers, 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 accordance with Gen Con's published Anti-Harassment Policy as well as any policies established by Gen Con and the retail location hosting the Program.
If you have any inquiries or grievances, please call our office at 800-529-3976 x3806 or email us at [email protected] Customer Service hours are 9:30 am — 5:00 pm (Pacific), 12:30 pm — 8:00 pm (Eastern).
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 agreed to this Agreement.
If I am a parent or guardian of a participant under 18 years of age, I hereby represent that I am in fact the parent or legal guardian of the participant, that he/she/they has/have the right, authority and capacity to enter into 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/they has/have carefully read this Terms of Service Agreement and understood its contents, and that he/she/they is/are hereby accepting and agreeing to it voluntarily of his/her/their own free will.