In consideration of being allowed to participate in and attend, the Philadelphia Experiment's Summer Festival 2013 event ("PEX Summer Festival"), I understand, acknowledge and agree to the following:
1. I certify that I am physically able to participate in the PEX Summer Festival event and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.
2. I agree to comply with any and all rules, regulations, terms and conditions of the PEX Summer Festival event, including but not limited to the following:
"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 THE PHILADELPHIA EXPERIMENT 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, or give the footage or completed film or video 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.
"Refund and Cancellation Policy"
All sales are final. No refunds or exchanges will be issued. Service fees are non-refundable. Lineup and/or event offerings are not gauranteed and subject to change.
3. I understand that during PEX Summer Festival, art installations, theme camps, vehicles (including but not limited to 'mutant vehicles' and 'art cars') and performances will be held and/or on display and I understand that these activities are not owned or operated by The Philadelphia Experiment and I assume all risks of injury or death arising from their operation.
4. 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 Philadelphia Experiment , participants, volunteers, spectators, event officials and organizers; (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 PEX SUMMER FESTIVAL AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD THE PHILADELPHIA EXPERIMENT HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF PHILADELPHIA EXPERIMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
5. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue The Philadelphia Experiment, its officers, directors, members, employees, volunteers, representatives, agents, contractors and sub-contractors, and other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of equipment and premises used to conduct the PEX Summer Festival, events or 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 any programs, events or activities of PEX Summer Festival, including any injury or damage to my person or property, or to that of any other person or property.
6. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in any PEX Summer Festival program, event or activity.
7. 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 The Philadelphia Experiment and all persons participating in any such medical treatment from all responsibility for any such actions.
8. I intend that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
9. I agree that, 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) in the event The Philadelphia Experiment notifies me that any such images must be removed, for any reason whatsoever in The Philadelphia Experiment's sole discretion, I will promptly remove or cause to be removed those images; and (2) 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. I further agree that, in the event any third party displays or disseminates any of my images in a manner not authorized by this agreement, I assign to The Philadelphia Experiment the copyright so that The Philadelphia Experiment can enforce against the third party any restrictions concerning use of the images, and I appoint The Philadelphia Experiment as my attorney-in-fact to execute any documents necessary to effectuate such assignment.
10. I acknowledge that the Philadelphia Experiment name and logo are the property of the The Philadelphia Experiment organization, and I understand that The Philadelphia Experiment organization controls all rights regarding the licensing and reproduction of any imagery recorded at the event . I agree that I will not use the mark or logo of The Philadelphia Experiment or likeness of the PEX Summer Festival on any website or in any commercial manner.
11. Holder's image may be captured on film, video or photographs without holder's consent and without compensation.
12. Holder hereby appoints The Philadelphia Experiment as his or her representative to protect his or her intellectual property or privacy rights, recognizing that The Philadelphia Experiment has no obligation to take any such action.
13. I acknowledge that all vehicles including trucks, trailers and RVs entering and exiting PEX Summer Festival are subject to search by Gate staff.
14. I agree that The Philadelphia Experiment is not liable for acts of God, or actions taken by government agencies.
15. I understand that children under 8 years of age can attend the event only accompanied by a parent or guardian, and that if I bring a child to the event I agree for the child to the contractual terms contained in this release.
16. I agree to these terms on behalf of any person to whom I deliver any of the tickets I purchase, and I shall notify any such person of these terms when I deliver a ticket to them.
The ticket purchaser or holder ("you") voluntarily assume all risk of property loss, personal injury, serious injury or death, which may occur by attending PEX Summer Festival. You hereby forever release, discharge and shall hold The Philadelphia Experiment harmless from any claim arising from such risk even if caused by the negligent act or omission of The Philadelphia Experiment or its officers, directors, employees, contractors, agents or representatives.
Tickets are nonrefundable even if the event is terminated early or canceled due to harsh weather, acts of nature, governmental regulation or conditions beyond The Philadelphia Experiment's Control. Service fees are nonrefundable.
Ticket to the event is a revocable license that may be revoked by The Philadelphia Experiment for any reason.
BY PURCHASING TICKETS ONLINE OR ATTENDING PEX SUMMER FESTIVAL, I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.
This is a Rain & Shine Event