Do it Ourselves Presents Terms, Conditions and Attendee Agreement
Terms and Conditions, Waiver, and Release Form (“Terms and Conditions”)
In consideration of being allowed to participate in and attend any Do it Ourselves, LLC event (the “Event” or the “Do-It-Ourselves Event” or "Do it Ourselves Presents Event"), I agree to comply with any and all rules, regulations, terms, and conditions of the Do-It-Ourselves Event, including but not limited to the following: VEHICLES PASSES REQUIRED FOR SOME EVENTS: IN ORDER TO MITIGATE TRAFFIC ISSUES AND REDUCE INGRESS AND EGRESS TIME, ALL VEHICLES BEING DRIVEN INTO SAID EVENTS ARE REQUIRED TO CHECK IN AT THE LOWER LOT. SEE SECTION 20 FOR INFORMATION ABOUT THE LOWER LOT.
1. I certify that I am physically able to participate in the Do-It-Ourselves Event and in any associated activity or performance, and that I 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 Do-It-Ourselves Event, i.e., Do-It-Ourselves, LLC and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “DIO”) and/or participants in the Event; (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 DO-IT-OURSELVES EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD DIO HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF DIO, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
3. I understand that during the Do-It-Ourselves Event, art installations, camps, vehicles, events and performances will be held and/or on display and I understand that most of these activities are not owned or operated by DIO. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THEIR OPERATION AND FROM PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN SECTION 2 APPLIES TO ANY INJURY I MIGHT SUSTAIN RELATING TO 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 DIO, 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 Do-It-Ourselves Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities and expenses that I may have or that may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in the Do-It-Ourselves 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 Do-It-Ourselves 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 Do-It-Ourselves 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. By entering the Do-It-Ourselves Event, all participants agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Cameras are welcomed at Do-It-Ourselves and have long been an important part of Do-It-Ourselves’ storytelling history. DIO monitors dissemination of Event Imagery for two primary reasons: (1) to preserve the principle of Decommodification by ensuring that photographs and videos from the Do-It-Ourselves Event are not used for advertising or commercial purposes (outside of by use by DIO); and (2) to protect participants’ right to privacy, freedom of expression, and creative immediacy.
Participants may use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of Do-It-Ourselves or Do-It-Ourselves, LLC); and (3) displaying on personal accounts on photosharing and social networking websites, such as Flickr and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the account is not affiliated with any commercial enterprise).
I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM DIO, OTHER THAN PERSONAL USE (as defined above). I understand that I have no right to sell, transfer, license, sublicense, or give my Event Imagery to any other party, except for Personal Use, and I agree to inform anyone to whom I give any Event Imagery that it can only be used for Personal Use. Without the prior written consent of DIO, I understand that I may not use in any advertisement, promotional materials (including music videos), or in the title or on the cover of any publication designed for public dissemination (other than blog posts), any (1) Event Imagery, (2) drawings or representations of the Do-It-Ourselves sculpture, or (3) logos, trademarks, or other intellectual property owned or licensed by DIO, including the phrase “Do-It-Ourselves.”
I assign to DIO a joint ownership in the copyright to my Event Imagery for the purpose of enabling DIO to enforce that copyright against any third party that displays or disseminates any of my Event Imagery in a manner not authorized by these Terms and Conditions. I appoint DIO as my attorney-in-fact to execute any documents necessary to effectuate such assignment. DIO agrees that it will not utilize this joint copyright to enter into any licensing agreements for the Event Imagery. Since I understand that, in the absence of written permission from DIO, I have no right to sell, transfer, license, sublicense or give any of my Event Imagery to any other party (except for Personal Use), if a third party obtains and uses any of my Event Imagery (other than for Personal Use) without such written permission from DIO, I agree that any permission, license, or rights I may have granted this third party is completely void and invalid and that DIO has the absolute right, as joint copyright owner, to require the third party to cease all use of the Event Imagery.
If I post, or allow to be posted, any Event Imagery on a personal website or a website controlled by a third party, even if permissible as Personal Use, I agree that: (1) I will place, or cause to be placed, on any webpage on which such Event Imagery is displayed a notice that (a) the Event Imagery can be used only for the poster’s personal use and not for any other purpose, and (b) the Event Imagery may be downloaded or copied only in accordance with one of three Creative Commons’ licenses that prohibit the licensee from using the Event Imagery for commercial purposes, including CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND (available at http://creativecommons.org/licenses/); (2) I will not license any Event Imagery that contains any nudity or partial nudity (including any imagery in which bare breasts, bare buttocks, genitals, or genital areas are visible); and (3) if DIO notifies me that any such images must be removed, for any reason whatsoever in DIO’s sole discretion, I will promptly remove or cause to be removed those images. DIO, as joint copyright holder, reserves all rights to revoke any Creative Commons license that was erroneously placed on Event Imagery in violation of these Terms and may cause the removal of such Event Imagery on any webpage on which it is displayed. I understand that use of the Creative Commons’ licenses approved herein does not supersede these Terms and Conditions, nor my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate.
DIO forbids the use of Event Imagery that contains nudity presented in a sexual context and/or without the express written permission of subjects for any purpose, including for private profit. Violations or suspected problems of this nature should be reported to DIO staff members accounting @diofest.com (year-round).
DIO requires any party interested in making any commercial use of their documentation of the Event or in distributing footage beyond Personal Use to enter into a written contract with DIO. Visit www.diofest.com for more information on how to register for this permission. Such projects require DIO’s review and approval prior to any distribution.
The Do-It-Ourselves community grows primarily by word of mouth. DIO does little to solicit attention from media companies about the Do-It-Ourselves Event, and does not seek to grow the Event by exposure through the mass media. DIO does continue to support the presence of the press, and to encourage the free expression of news reporters, storytellers, small groups documenting special projects, cultural or fine art photographers, and creative authors/researchers or academics looking at Do-It-Ourselves from an anthropological perspective, but all such uses require a written agreement with DIO in order to use Event Imagery. Contact firstname.lastname@example.org.
6. I acknowledge that “Do-It-Ourselves,” “DIO Fest” and the Do-It-Ourselves logo/symbol are trademarks owned by Do it Ourselves, LLC and licensed to DIO and Do-It-Ourselves Project (“DIO”), and that DIO has the exclusive right to license and enforce those trademarks and any other trademarks or other intellectual property owned by or licensed to DIO, including any likenesses, drawings, and representations of the Man, the Do-It-Ourselves map, and the design of Do-It-Ourselves (collectively, “Do-It-Ourselves IP”). I agree that I will not use any Do-It-Ourselves IP on any website (except for Personal Use, as described in Section 5) or in any other manner, commercial or otherwise, except for nominative or classic fair use. (For information about trademarks, copyrights, and fair use, please see:http://ilt.eff.org/index.php/Trademark:_General andhttp://cyber.law.harvard.edu/copyrightforlibrarians/Main_Page.) DIO generally does permit the use of Do-It-Ourselves IP, without payment of any license fee, on materials that are given away or provided to supporters at any Do-It-Ourselves event (“Gift Materials”), with the following conditions: (1) DIO may, for any reason in its discretion, determine that such use is not in keeping with DIO’s quality control, and if so, all such materials shall no longer be utilized; and (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 DIO from any liability due to such filming, photographing, or dissemination.
8. I hereby appoint DIO as my representative to protect my intellectual property or privacy rights, recognizing that DIO has no obligation to take any such action. I understand that if DIO files a lawsuit to protect my intellectual property or privacy rights pursuant to the appointment in this Section 8, and DIO has information that my specific intellectual property or privacy rights have been violated and also has information as to my identity and my contact information, DIO will make reasonable efforts to notify me of any such action by sending a communication to the contact information in DIO’s possession.
9. 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.
10. I acknowledge that all vehicles, including trucks, trailers, and RVs, entering the Do-It-Ourselves Event are subject to search by DIO staff for stowaways, dogs, guns, live plants, fireworks, or other prohibited items.
11. I agree to read and abide by the terms on the back of the ticket and all information listed in the 2015 Survival Guide.
12. 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 at the Do-It-Ourselves Event. I release DIO and all persons participating in any such medical treatment from all responsibility for any such actions.
13. 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.
14. If I am obtaining tickets and/or vehicle passes for, or providing any tickets and/or vehicle passes to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or vehicle passes, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the tickets and/or vehicle passes I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket and/or vehicle pass to them. If I have obtained a ticket and/or vehicle pass from another person, I also agree to these Terms and Conditions when the ticket and/or vehicle pass is delivered to me.
15. I agree that DIO is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets and vehicle passes are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond DIO’s control.
16. I understand that (1) I must bring enough food, water, shelter, and first aid to survive the duration of the Event; (2) fireworks, rockets, and other explosives are prohibited; (3) this is a LEAVE NO TRACE, pack it IN, pack it OUT event; and (4) I am asked to contribute 1 hour of various cleanup activities in addition to cleaning up my own camp.
17. I understand that commercial vending is prohibited except as authorized by DIO.
18. Tickets, credentials, and vehicle passes are revocable licenses that may be revoked by DIO for any reason, including without limitation assisting people with unauthorized or un-ticketed entry to the Event.
19. Refund and Cancellation Policy – All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable.
20. Ticket Sales, Vehicle Passes and Registration for Ticket Sales – Under a registration for ticket sale process, a limited number of tickets will be made available for sale. Individuals will have an opportunity to register for the sale, and at the end of such registration or later via email, will receive an access code or access information to access the sale. You will be informed of the procedures for the ticket sale process during your registration for the process, and by your registration, you agree to be bound by those procedures and to waive any right to challenge the procedures in the process. During the registration period for a ticket sale process, you will register for an opportunity to purchase tickets, but your registration does not guarantee you the right to purchase any tickets. Only one registration per person per sale is allowed, and if a person registers more than once, all registrations by that person may be canceled without notice. At some time after the end of the registration period, you will be able to access the site for ticket purchases on a first-come, first-served basis. You will be able to purchase tickets only if tickets are available at the time you access the ticket purchase site. An individual may purchase no more than the maximum number of five (5) tickets at the $89-$129 prices, and any attempts to purchase more than the maximum number may result in all ticket sales to that individual being canceled, rescinded, and revoked and the tickets voided without notice.
ALL VEHICLES DRIVEN INTO THE EVENT MUST REPORT TO THE LOWER LOT AT RIDGE WAY & HWY 236. During the ticket purchase process, and in any potential separate ON-SITE PARKING pass purchase processes, depending on availability, you may have an opportunity to purchase ON-SITE PARKING passes. The price of a vehicle pass is included in the on-site parking ticket, and each stand-alone vehicle driven through the gate must have a vehicle pass. DIO reserves the right to subject the use of on-site passes to further terms and conditions, which would be published on the Do-It-Ourselves website and at the Event. On-site passes are Event tickets for one (1) person and do not grant any other person(s) entry to the Event without a separate Event ticket. The purchase of an Event ticket does not include the right to drive a motor vehicle into the Event or reserve a vehicle pass for that ticket holder. No ticket refunds will be issued because the ticket holder neglected or was unable to acquire an on-site parking pass directly from DIO. To help mitigate traffic issues, DIO reserves the right to limit the number of vehicle passes available for the Event, and the number of vehicle passes an individual may purchase.
As part of the ticket and vehicle pass purchase process, you must provide current contact information and a valid credit card. Invalid credit card numbers will be disqualified from participation in the ticket sale process, and you will NOT have an opportunity to provide a secondary form of payment. Unless explicitly stated, only five tickets purchase per person and per credit card will be allowed.
If during the ticket and vehicle pass sale process, you successfully purchase tickets and/or vehicle passes, your credit card will be charged automatically for the price of the ticket(s), on site pass(es), a per-ticket or per-transaction service fee, and any applicable delivery fees. Once you successfully purchase tickets and vehicle passes and your credit card is charged, you cannot cancel or withdraw your ticket order, and as with all ticket and on-site pass sales, the sale is final. If your credit card is declined by the credit card company for any reason, the sale to you will not be processed and you will not receive any tickets or on-site passes.
Once you have purchased tickets through any sale (other than a sale that specifies additional purchases may be permitted in later sales, such as a higher-priced pre-sale), you will be ineligible to purchase any other tickets.
For any ticket/vehicle pass purchasers or ticket process registrations, if for any reason whatsoever, including computer or software malfunction, mistake or inadvertence, network congestion or crashes, you are not able to purchase any tickets or vehicle passes through the sale process, or your registration for a sale or the purchase of tickets or on-site passes are not processed, or you receive a notice that your ticket or on-site pass purchase or ticket registration is rescinded, revoked, canceled, or made in error and your credit card payment is credited to your credit card account, you waive any claim against DIO and release DIO from any and all liability.
DIO retains the right to cancel, rescind or revoke any ticket purchases or on-site pass purchases at any time for any reason whatsoever at DIO’s sole discretion. In alignment with Do-It-Ourselves’s philosophy, Do-It-Ourselves tickets and on-site passes may not be sold for additional mark-up beyond the face-value, sold for private profit, or utilized to promote any other company or project. Thus, if anyone attempts to sell or sells a Do-It-Ourselves ticket or vehicle pass for above face value, purchases a Do-It-Ourselves ticket or on-site pass with the intention of reselling it for above face value, offers a Do-It-Ourselves ticket as a reward or prize in any sweepstakes, auction, contest, game, or drawing without DIO’s prior written authorization, or offers a Do-It-Ourselves ticket for sale as part of a travel package that includes lodging, shelter, meals, or other amenities at the Event, DIO has the absolute right, in its sole discretion, to cancel any such ticket or vehicle pass without advance notice. Once cancelled, the ticket or vehicle pass will be null and void and will not grant the holder any right to enter the Event, and DIO will not have any liability to refund any of the purchase price to the purchaser or his or her assignee.
21. Will Call and Entry Policy – All tickets are held at Will Call. Will Call tickets and on-site passes are held for pick up at the Main desk located at the “Gazebo” of Do-It-Ourselves. Unless other arrangements have been made with DIO, only the person under whose name the tickets or on-site passes were purchased may pick them up at Will Call The tickets will be found under the individual(s) who purchased the tickets. Said individuals must be present when tickets are assigned to additional guests, who all must present valid legal government identification and who will receive a wristband according and based upon valid legal photo identification as either above the age of 21 or below., All must present valid legal photo identification in order for tickets or on-site passes to be released. No refunds will be processed for patrons who do not have valid identification and therefore are unable to pick up Will Call tickets or on-site passes. 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 demonstrates they are 18 years or older, or if under 18 years old, due to not being accompanied by a parent or guardian. No refunds will be issued for participants who do not collect their tickets or on-site passes before the Box Office closes.
22. Waiver – All event participants are subject to sign a waiver of release of liability by DIO for insurance purposes. By attending the event you acknowledge that you may be subjected to sign a release of liability to the event and may be ejected from the event for failure to sign a release of liability. Guardians of event attendees under the age of 18 will be required to sign a release of liability on behalf of the minor.
23. Ingress and Egress to the Event – Due to the remote location of the Event, the vehicle capacity limitations of the roads leading to the Event location, and restrictions placed by the government on maximum population at the Event, you may be subject to lengthy delays in entry to the Event and in leaving the Event.
25. These Terms and Conditions may be changed by DIO prior to the Event, and if so, the revised Terms and Conditions will apply to you. The most current version can be found at www.diofest.com/terms_and_conditions 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.
I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.