PURCHASE OF A TICKET & ENTRY TO THE SITE WILL BE CONDITIONAL ON DIGITAL/PHYSICAL AGREEMENT OF ACKNOWLEDGEMENT OF THESE TERMS AND CONDITIONS AND SUBSEQUENT RELEASE OF LIABILITY AND SUBSTANTIAL PERSONAL RIGHTS
Waiver and Release Form (“Terms and Conditions”)
In consideration of being allowed to participate in the NEST 2015 event (the “Event” or the “Nest Event”), I agree to comply with any and all rules, regulations, terms and conditions of the Nest Event, including but not limited to the following:
1. I certify that I am physically able to participate in the Nest Event and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.
2. I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the organizers of the Nest Event, i.e., BURNING NEST LTD and its officers, directors, representatives and volunteers; and participants, volunteers and spectators; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; and, (g) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR BY ATTENDING THE 2015 NEST EVENT AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD BURNING NEST LTD HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF BURNING NEST LTD, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
3. I understand that during the Nest Event, art installations, theme camps, events and performances will be held and/or on display and I understand that most of these activities are not owned or operated by Burning Nest LTD, and I assume all risks of injury or death arising from their operation and from my participation in any of these activities.
4. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue Burning Nest LTD, its officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment, art installations and premises used to conduct the Nest Event or related activities (collectively the "Releasees"), from any and all claims for damages, injuries, losses, liabilities and expenses which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in the Burning Nest Event, including any programs, events, art installations or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. However, if Burning Nest LTD files a claim against me, I may file a counterclaim related to the same facts and circumstances. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in the Nest Event, including in any program, event or activity at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
5. Use of Images
I UNDERSTAND AND ACCEPT THAT NO USE OF IMAGES, FILM, OR VIDEO OBTAINED AT THE EVENT MAY BE MADE WITHOUT PRIOR WRITTEN PERMISSION FROM BURNING NEST, OTHER THAN PERSONAL USE. I understand that I have no rights to make any non-Personal Use of any image, film, or video footage obtained at the event, and that I cannot sell, transfer, license, sublicense or give my images, footage, film or video obtained at the event to any other party, except for Personal Use, and I agree to inform anyone to whom I give any footage, film, or video that it can only be used for Personal Use. Use in any advertisement or in the title or cover of any publication designed for dissemination to the public (other than blog posts) of images from the Nest Event is prohibited without prior written consent of Burning Nest LTD.
“Personal Use” of images, film or video means to share with friends and family, to display on personal websites (as long as your website does not sell any other product or service, and as long as your website does not purport or appear to be an official website of Nest, Burning Man or Black Rock City LLC), to display on photosharing websites, and to display at art exhibits or similar exhibits. Social networking sites such as Flickr and Facebook are deemed “Personal Use” only if the display of the images, film or video on these sites are not used for the promotion or distribution of images with the intent to publicly display them beyond one’s immediate network, and if one’s immediate network is not inordinately large, to be determined in Nest’s sole discretion.
I agree, in the event I post, or allow to be posted, any images (still or video) on a personal website or a website controlled by a third party, that: (1) I will place, or cause to be placed, on any website in which such images are displayed, a notice that the images can be used only for the poster's personal use and not for any other purpose and that downloading or copying of the images is prohibited, except in accordance with the Creative Commons’s BY-NC-SA license where the licensee agrees to use the image for non-commercial purposes and only for his or her Personal Use (as defined herein) (http://creativecommons.org/licenses/by-nc-sa/3.0/); (2) I will not authorize the use of any images under the Creative Commons’ license if the image contains any nudity, partial nudity, or sexually suggestive poses (nudity and partial nudity include any images in which bare breasts, bare buttocks or genitals or genital areas are visible); (3) in the event Nest notifies me that any such images must be removed, for any reason whatsoever in Nest's sole discretion, I will promptly remove or cause to be removed those images.
The only Creative Commons license Nest approves for personal use licensing is the Creative Commons BY-NC-SA license, Attribution-Noncommercial-ShareAlike http://creativecommons.org/licenses/by-nc-sa/3.0/. For full legal code see http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode. However, as described above, images that contain human nudity, partial nudity or sexually suggestive poses may NOT be licensed in this fashion. Be aware that the use of this license does not supersede these Terms and Conditions nor the responsibility of the photographer/videographer to obtain all necessary permissions from subjects and artists as appropriate.
Nest forbids the making of private profit from the documentation of nudity at the event when images are presented in a sexual context, and/or without the express written permission of subjects. If you have seen a violation or suspect a problem of this nature, please contact the Rangers or firstname.lastname@example.org
Nest requires any party interested in making a commercial enterprise out of their documentation of the event or distributing footage beyond Personal Use on personal friend/family networks to enter into a written contract with Nest. Such projects require Nest’s review and approval prior to commercial distribution. Email email@example.com
6. Nest is affiliated with the Burning Man Organisation. I acknowledge that the name “Burning Man” is a trademark owned by the Burning Man organization, and that all of Burning Man’s logos, trademarks or other intellectual property are owned by Burning Man. I agree that I will not use the mark “Burning Man,” the logos of Burning Man, or the likeness, drawings or representations of the Man or of the Black Rock City map, or any other trademark of Burning Man, on any website (except for Personal Use, as described in Paragraph 5) or in any other manner, commercial or otherwise, except for nominative or classic fair use. (For information about trademarks, copyright and fair use, please see: http://ilt.eff.org/index.php/Trademark:_General and http://cyber.law.harvard.edu/copyrightforlibrarians/Main_Page). Burning Man generally does permit the use of the mark “Burning Man,” the logo of the Man, or the design of Black Rock City, without payment of any license fee, on materials that are given away or provided to supporters at any Burning Man event (“Gift Materials”), with the following conditions: (1) Burning Man may, for any reason whatsoever in its discretion, determine that such use is not in keeping with Burning Man’s quality control, and if so all such materials shall no longer be utilized; (2) no ungifted Gift Materials may be sold or transferred in exchange for something of value or distributed in any form such that the Gift Materials are likely to be sold or transferred in exchange for something of value.
7. I acknowledge that people are using film, video and photographic cameras at the Event, and that my image may be captured on film, video or photographs which may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release Nest from any liability due to such filming, photographing or dissemination.
8. I understand that some participants at the Event may engage in expressive activity and dress, which may include partial nudity or nudity and other types of expressive activity. I agree that such expressive activity and dress is not indecent nor offensive to me, and that I have decided to attend the Event with full knowledge that such expressive activity and dress may occur. If I am accompanied by minors at the Event, I acknowledge that I have made a choice that the minors may be exposed to the expressive activities and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the minors to the Event. Should I find that any activity at the Event is offensive to me, or to any minors accompanying me, I acknowledge that I can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the event.
9. I acknowledge that all vehicles including trucks, trailers and RVs entering Nest are subject to search by Gate staff, for stowaways and prohibited items.
10. I agree to read and abide by the terms on the back of the ticket and the following guidelines listed in the Survival Guide: The Ten Fundamentals, Safety guidelines, Commerce and Concessions guidelines, and Community guidelines.
11. I consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release Burning Nest LTD and all persons participating in the providing of such medical treatment from all responsibility for any such actions.
12. I understand that children under 18 years of age can attend the event only accompanied by a parent or guardian, and that if I bring a minor to the event I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor.
13. I agree that Burning Nest LTD is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets are nonrefundable even if the Event is terminated early or cancelled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation or conditions beyond Burning Nest LTD’s control.
14. I understand that: I must myself bring enough food, water & shelter to enjoy the weekend; that commercial vending is prohibited, as are firearms, fireworks, rockets and other explosives; that this is a LEAVE NO TRACE, pack it IN, pack it OUT event; and that I am asked to contribute 2 hours of site clean-up in addition to cleaning up my own cabin, if applicable.
15. I understand that Nest is taking place in the United Kingdom, and as such all laws applicable in the United Kingdom are also applicable at Nest. It is my responsibility to ensure that I comply with these laws and specifically do not encourage or facilitate the consumption of alcohol or tobacco by persons under the age of 18 years. I understand that there is a strict no-drugs policy at Nest and no illicit drugs of any kind may be consumed, sold or gifted on the site.
16. My entry-ticket/wristband is a revocable license that may be revoked by Nest for any reason, including without limitation assisting people with unauthorized or un-ticketed entry to the Event.
17. Refund and Cancellation Policy: All ticket, coach and cabin sales are final. No refunds will be issued for any reason. Tickets may be exchanged between individuals by alerting firstname.lastname@example.org from the email address from which the tickets were purchased.
18. Will Call and Entry Policy: Please pick up your Will Call tickets at the Nest gate. The person whose name the tickets were purchased under must have valid picture identification when showing up at the event to be able to obtain the tickets. No refunds will be processed for patrons who do not have valid identification and therefore are unable to pick up Will Call tickets. You are responsible for checking the age minimum for the event, and no refunds will be processed for participants who are denied entry due to not having valid identification that demonstrate they are 18 years or older, or if under 18 years old and not accompanied by a parent or guardian.
19. These Terms and Conditions may be changed by Nest prior to the Event, and if so the revised Terms and Conditions will apply to you. The most current Terms can be found here. Your use of the ticket for entry to the Event signifies your binding agreement to the Terms and Conditions in effect at the time of your entry to the Event.