All participants in Gen Con LLC's ("Gen Con" or “Us / We”) 2021 convention ("Convention") held September 16-19, 2021 in Indianapolis, Indiana, in Gen Con’s online convention program (“GCO”) held on the Internet and other online platforms, and in Gen Con’s Pop-Up Gen Con Program (“PUGC”) in certain retail locations authorized by Gen Con, 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. PUGC, GCO, and the Convention are collectively referred to as the Show.
By purchasing a Convention badge, PUGC or GCO registration, or otherwise participating in the Show, you agree to be bound by this Agreement:
We try to make Gen Con broadly available to everyone, but given the unprecedented global pandemic and other safety concerns, we must impose certain restrictions. Accordingly, you cannot participate in the Show if:
We reserve the right to refuse to admit you to the Show or otherwise cancel your participation in the Show if:
EXCHANGES OR UPGRADES
CONVENTION EVENT CANCELLATIONS
If an event has been canceled, please see the area Hall Captain for further instructions. No event ticket refunds will be given for canceled events without a stamp or signature from the Hall Captain. Whereas canceled event tickets with proper Hall Captain signature qualify for refund, Convention badges will not be refunded or credited due to event cancellations.
Some events are designated as electronically ticketed events. For these events, only electronic tickets (“E-tickets”) will be issued. E-tickets will be issued to a Gen Con account with a valid Convention badge. E-tickets may be transferred to another Gen Con account with a valid Convention badge if and only if the designated recipient has room on their account’s event schedule. E-tickets may be transferred to another account or returned for a refund until 30 minutes prior to the event start time listed on the ticket and published in the Event Catalog. E-tickets may be returned for a refund either online through the bearer’s account, or by contacting Customer Service (hours and contact information below).
E-tickets are governed by all other purchase, refund, exchange, and cancellation policies in this Agreement.
LOST BADGES AND EVENT TICKETS
Gen Con cannot replace lost, stolen, or forgotten badges and/or event tickets. 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. At the Convention we recommend you check with the Gen Con Show Office to see if your materials have been turned in to Lost and 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 Show and release Gen Con from any liability for loss, damage, or injury (including illness, disability or death) to your person and property while attending, participating in, or becoming involved with the Show. You specifically make the following representations and assurances to Gen Con, acknowledging that Gen Con would not permit your participation in the Show without receiving such representations and assurances:
By agreeing to this Agreement, you acknowledge that you wish to participate in a Gen Con Show subject to the terms and conditions herein. You acknowledge and agree that the Show involves some inherently dangerous activities. Gen Con will use good faith efforts to conduct and manage the Show, but you understand that it is not possible to make the Show completely safe. You warrant and represent that you are sufficiently knowledgeable, skilled, and/or informed regarding the Show to properly and fully judge the inherent risks of the Show.
You further acknowledge and agree that the Show involves potential risks of serious personal injury, disability, illness, or even death. You represent that you have sufficient physical fitness to participate in the Show and you have no medical reason or impairment that might otherwise prevent you from participating in the Show. If you know or should know of any condition or problem that might prevent you from safely participating in the Show, you agree that you will immediately advise Gen Con and remove yourself from the Show.
In consideration of being allowed to attend, participate in, or become involved with the Show, you hereby assume full responsibility for your own safety (including online safety) and accept all known and unanticipated risks of loss, damage, and injury (including illness, death or disability) to yourself and your property while attending, participating in, or becoming involved with the Show, regardless of whether or not such risks are attributable to the negligence of others. By assuming and accepting all known and unanticipated risks, you completely absolve, waive, discharge, and release Gen Con and all its employees, advisers, 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 your safety or any liability for your harm, to the maximum extent permitted by law.
In consideration of being allowed to attend, participate in, or become involved with the Show, you 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 illness, death or disability) to your person and property that is in any way related to or arising in connection with your attendance at, participation in, or involvement with the Show, regardless of whether or not such Claims are attributable in whole or in part to any act, omission, or negligence of the Indemnified Parties. You agree that the Indemnified Parties will not be legally responsible for any loss, damage, and injury (including illness, death or disability) to your person and property arising out of or in any way connected to the Show, 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. You further agree that you will not cause, encourage, promulgate, support, or cooperate with (unless such cooperation is judicially mandated) any Claims to be brought against the Indemnified Parties.
You 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 yourself, your spouse, your heirs, all members of your family, executors, administrators, representatives, and assigns.
You 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 the Show, you hereby agree that Gen Con may photograph and/or record your likeness and/or voice and your participation in the Show and without any additional consideration, you hereby agree that Gen Con and its assigns and/or licensees may distribute, exhibit, broadcast, exploit, advertise, publicize, and promote your name, biographical material, likeness, voice, and performance in and in connection with the Show or other Gen Con events. You further agree that Gen Con may edit your appearance therein and you waive any personal or proprietary rights with respect thereto. You represent and warrant to Gen Con that you 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.
CODE OF CONDUCT AND ANTI-HARASSMENT
You understand that Gen Con is dedicated to providing a safe, enjoyable, and harassment-free Show experience for all participants and workers, and you hereby acknowledge that disruptive behavior, inappropriate and unlawful conduct, or harassment in any form will not be tolerated. You agree to conduct yourself, and any minors under your supervision, in accordance with Gen Con's published Anti-Harassment policy found at https://www.gencon.com/attend/policies#antiharassment or at another URL as may be updated from time to time.
If you have any inquiries regarding our Refund, Exchange, or Cancellation Policies, please call our office at 206-385-1967 or email us at [email protected]. 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 on site.
You acknowledge and agree that you have carefully read this Agreement, fully understand its contents, and hereby accept and agree to it voluntarily of your own free will. You affirm that either (a) you are over 18 years of age and have full right, authority, and capacity to enter into this Agreement and to make the release and assumption of risk described herein, or that (b) your parent or legal guardian has read and agreed to this Agreement.
If you are a parent or guardian of a participant under 18 years of age, you hereby represent that you are in fact the parent or legal guardian of the participant, that you 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.
Gen Con reserves the right to amend this Agreement at any time.