Terms and Conditions, Waiver, and Release Form (“Terms and Conditions”)
In consideration of being allowed to participate in and attend the 2017 Burning Man event (the “Event” or the “Burning Man Event”), I agree to comply with any and all rules, regulations, terms, and conditions of the Burning Man Event, including but not limited to the following:
- I certify that I am physically able to participate in the Burning Man Event and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional.
- 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 Burning Man Event, i.e., Black Rock City LLC and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “BRC”) 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; (g) the widespread use by participants and by BRC of fire, pyrotechnics, flame effects, explosions, and other similar activities; and (h) 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 2017 BURNING MAN EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD BRC HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF BRC, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
- I understand that during the Burning Man Event, art installations, theme camps, vehicles (including but not limited to “mutant vehicles” and “art cars”), events, and performances will be held and/or on display, and I understand that most of these activities are not owned or operated by BRC. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THE OPERATION OF AND/OR MY PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN SECTION 2 APPLIES TO ANY RELATED INJURY I MIGHT SUSTAIN.
- I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue BRC and other participants, sponsors, and if applicable, owners and lessors of equipment, art installations, and premises used to conduct the Burning Man 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 participation in the Burning Man Event, including in 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. If BRC files a claim against me, however, 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 Burning Man Event, including in any programs, events, art installations, or activities 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.
- By entering the Burning Man 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 the Event and have long been an important part of Black Rock City’s storytelling history. BRC monitors dissemination of Event Imagery for two primary reasons: (1) to preserve the Principle of Decommodification by ensuring that photographs and videos from the Burning Man Event are not used for advertising or commercial purposes; 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 the Event or BRC); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media 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 BRC, 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.
I assign to BRC a joint ownership in the copyright to my Event Imagery for the purpose of enabling BRC 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 BRC as my attorney-in-fact to execute any documents necessary to effectuate such assignment. BRC 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 BRC, 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 BRC, I agree that any permission, license, or rights I may have granted this third party is completely void and invalid and that BRC 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 a Creative Commons license that prohibits 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 BRC notifies me that any Event Imagery must be removed, for any reason whatsoever in BRC’s sole discretion, I will promptly remove or cause to be removed those images. BRC, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Event Imagery in violation of these Terms and Conditions 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. BRC forbids any non-Personal Use of Event Imagery containing nudity that is presented in a sexual context and/or without the express written permission of the subjects. Violations or suspected problems of this nature should be reported to the Black Rock Rangers and/or Media Mecca (on playa) or to firstname.lastname@example.org (year-round).
The Burning Man community grows primarily by word of mouth. BRC does little to solicit attention from media companies about the Burning Man Event, and does not seek to grow the Event by exposure through the mass media. BRC 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. Any party interested in making any commercial use of their documentation of the Event or in distributing footage beyond Personal Use must, however, enter into a separate written agreement with BRC. Visit http://www.burningman.org/network/about-us/press-media/ or contact email@example.com for more information on how to apply for this permission. All such projects require BRC’s review and approval prior to any distribution.
- I acknowledge that “Burning Man,” “Black Rock City,” “Decompression,” and the Burning Man logo/symbol are registered trademarks owned by Decommodification, LLC and licensed to BRC and Burning Man Project (“BMP”), and that BRC and BMP have the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by BRC or BMP, including any likenesses, drawings, and representations of the Burning Man sculpture and the Black Rock City map (collectively, “Burning Man Intellectual Property”).
WITHOUT THE PRIOR WRITTEN CONSENT OF BRC, I UNDERSTAND THAT I MAY NOT USE ANY BURNING MAN INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized by these Terms and Conditions or constitutes a fair use under United States law. (For general information about trademarks, copyrights, and fair use, please see: http://ilt.eff.org/index.php/Trademark:_General and https://ilt.eff.org/index.php/Copyright:_Fair_Use.)
BRC generally does permit the use of Burning Man Intellectual Property, without payment of any license fee, on materials that are given away at or in connection with the Burning Man Event (“Gift Materials”), with the following conditions: (1) BRC may, for any reason in its discretion, determine that such use is not in keeping with BRC’s quality control, and if so, all such materials shall no longer be distributed; and (2) no Gift Materials may be sold (including to recoup the cost of producing them), exchanged for something of value, or distributed in any manner in which the Gift Materials are likely to be sold or exchanged for something of value.
- 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 that may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release BRC from any liability due to such capturing, display, or dissemination.
- I hereby appoint BRC as my representative to protect my intellectual property or privacy rights, recognizing that BRC has no obligation to take any such action. I understand that if BRC files a lawsuit to protect my intellectual property or privacy rights pursuant to the appointment in this Section 8, and BRC 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, BRC will make reasonable efforts to notify me of any such action by sending a communication to the contact information in BRC’s possession.
- 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 neither 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.
- I understand that children under 18 years of age may attend the Event only accompanied by a parent or guardian, and 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.
- I acknowledge that all vehicles, including trucks, trailers, and recreational vehicles, entering the Event are subject to search by Gate staff for stowaways, dogs, guns, live plants, fireworks, handheld lasers, or other prohibited items.
- I agree to read and abide by the terms on the back of the ticket and all information listed in the 2017 Survival Guide.
- 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 Event. I release BRC and all persons participating in any such medical treatment from all responsibility for any such actions.
- 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.
- I agree that BRC 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 BRC’s control.
- I understand that (1) I must bring enough food, water, shelter, and first aid to survive the duration of the Event in a harsh desert environment; (2) guns, fireworks, rockets, and other explosives are prohibited; (3) handheld lasers of any kind are prohibited, and mounted lasers are subject to restrictions as described at http://burningman.org/event/black-rock-city-guide/lasers/; (4) this is a LEAVE NO TRACE, pack it IN, pack it OUT event; and (5) I am asked to contribute 2 hours of playa cleanup in addition to cleaning up my own camp.
- I understand that commercial vending of any kind, including without limitation the provision of any goods or services delivered to or at the Event for a prepaid fee, is prohibited except as authorized by BRC and permitted by the U.S. Bureau of Land Management (“BLM”) as applicable.
- Tickets, credentials, and vehicle passes are revocable licenses that may be revoked by BRC for any reason, including without limitation resale for above their face value, plus applicable taxes and BRC-approved fees (“Face Value”), purchasing more than stated limits, or assisting people with unauthorized or un-ticketed entry to the Event.
- Refund and Cancellation Policy
All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable.
- Ticket Sales, Vehicle Passes and Registration for Ticket Sales
Pursuant to a ticket sale registration process, a limited number of Event tickets and vehicle passes 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. I understand that I will be informed of the procedures for the ticket sale during my registration for the sale, and that by my registration, I agree to be bound by those procedures and to waive any right to challenge the procedures of the registration or the sale. During the registration period for a ticket sale, I may register for an opportunity to purchase tickets, but I understand that my registration does not guarantee me 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, I will be able to access the site for ticket purchases on a first-come, first-served basis. I understand that an online queue system may be used and, at BRC’s discretion, randomization may occur. Once through any queue, I understand that I will be able to purchase tickets only if tickets are available at the time I access the ticket purchase site. I understand that ticket and vehicle pass buying limits and restrictions for each sale will be stated on tickets.burningman.org, and I agree to be bound by those limits and restrictions in any sale in which I participate. Unless otherwise expressly allowed, vehicle passes may only be purchased in conjunction with an Event ticket, and the ratio of Event entry tickets to vehicle passes purchased shall not exceed two (2) Event tickets to one (1) vehicle pass. I UNDERSTAND THAT UNLESS EXPRESSLY PERMITTED IN WRITING BY BRC, NO INDIVIDUAL MAY PURCHASE MORE THAN THE MAXIMUM NUMBER OF TWO (2) TICKETS AT THE $425 PRICE, 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 HAVE A VEHICLE PASS displayed in the windshield. I understand that a vehicle pass only grants the ability to drive a vehicle into the Event site and directly to one’s camp location and that a vehicle pass does not grant any additional on-site driving privileges. UNAUTHORIZED DRIVING WITHIN THE EVENT SITE IS PROHIBITED. During a ticket sale, and in any potential separate vehicle pass sale, depending on availability, I may have an opportunity to purchase vehicle passes. The price of a vehicle pass is $80, and each stand-alone vehicle driven through the Gate must have a vehicle pass. (Motorcycles, trailers, and art cars on trailers do NOT require a vehicle pass.) BRC reserves the right to subject the use of vehicle passes to further terms and conditions, which would be published on the Burning Man website (www.burningman.org), in the Jackrabbit Speaks newsletter, and at the Event. I understand that vehicle passes are not Event tickets and do not grant any person entry to the Event without a separate Event ticket. Likewise, 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. I understand that I may not purchase only a vehicle pass in any pre-sale; to purchase a vehicle pass in a pre-sale, I must also purchase at least one Event ticket. I understand that if I purchase only a vehicle pass in any pre-sale, my order may be canceled. No ticket refunds will be issued because the ticket holder neglected or was unable to acquire a vehicle pass from BRC. To help mitigate traffic issues, BRC 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, I understand that I must provide current contact information and a valid credit card. Invalid credit card numbers will be disqualified from participation, and I understand that I will NOT have an opportunity to provide a secondary form of payment. UNLESS BRC EXPLICITLY STATES OTHERWISE, ONLY ONE TICKET PURCHASE PER PERSON AND PER CREDIT CARD IS ALLOWED.
If during a ticket and/or vehicle pass sale, I successfully purchase tickets and/or vehicle passes, my credit card will be charged automatically for the price of the ticket(s), vehicle pass(es), a per-ticket or per-transaction service fee, and any applicable taxes and delivery fees. Once I successfully purchase tickets and/or vehicle passes and my credit card is charged, I cannot cancel or withdraw my order, and as with all ticket and vehicle pass sales, the sale is final. If my credit card is declined by the credit card company for any reason, the sale to me will not be processed and I will not receive any tickets or vehicle passes.
I understand that once I have purchased tickets through any sale (other than a sale that specifies additional purchases may be permitted in later sales), I will be ineligible to purchase any other tickets. Purchase in any sale, including a pre-sale, will disqualify me from being awarded a ticket through BRC’s Low Income Ticket Program.
For any ticket or vehicle pass sale or sale registration, if for any reason whatsoever, including computer or software malfunction, mistake or inadvertence, network congestion or crashes, I am not able to purchase any tickets or vehicle passes through the sale process, or my registration for a sale or the purchase of tickets or vehicle passes is not processed, or I receive a notice that my ticket or vehicle pass purchase or ticket registration is rescinded, revoked, canceled, or made in error and my credit card payment is credited to my credit card account, I waive any claim against BRC and release BRC from any and all liability.
BRC retains the right to cancel, rescind or revoke any ticket purchases or vehicle pass purchases at any time for any reason whatsoever at BRC’s sole discretion. In alignment with Burning Man’s Decommodification Principle, one of Burning Man’s Ten Principles, BURNING MAN EVENT TICKETS AND VEHICLE PASSES MAY NOT BE SOLD FOR ADDITIONAL MARK-UP BEYOND THEIR FACE VALUE (PLUS APPLICABLE TAXES AND BRC-APPROVED FEES) OR UTILIZED TO PROMOTE OR RAISE FUNDS FOR ANY PROJECT, ENTITY, OR INDIVIDUAL. I understand that if I attempt to sell or sell a Burning Man Event ticket or vehicle pass for above Face Value; purchase a ticket or vehicle pass with the intention of reselling it for above Face Value; offer a ticket or vehicle pass as a reward or prize in any sweepstakes, auction, contest, game, drawing, or fundraising campaign without BRC’s prior written authorization; or offer a Burning Man ticket or vehicle pass as part of a travel package that includes shelter, meals, or other amenities at the Event, BRC has the absolute right, in its sole discretion, to cancel any such ticket or vehicle pass without 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 BRC will not have any liability to refund any of the purchase price to the purchaser or his or her assignee.
BRC will provide the Secure Ticket Exchange Program (“STEP”) to facilitate purchasers attempting to resell $425 tickets. I understand that once physical tickets have shipped, I may no longer submit my ticket for resale through STEP. If my ticket is resold through the STEP process, I will receive a refund of my ticket purchase price and any applicable taxes and fees. I understand that submitting my ticket for resale through STEP does not guarantee that my ticket will be resold and does not guarantee that I will receive a refund of the ticket purchase price, if there are no individuals who actually purchase my ticket. Once I submit my ticket for resale through STEP, I understand that I may not rescind the offer to sell it. Conversely, signing up to express a desire to purchase tickets that may be resold does not guarantee that I will be given the opportunity to buy a ticket through STEP. Vehicle passes are fully transferable, but a vehicle pass is only eligible for resale through STEP if it is resold along with a ticket.
- Will Call and Entry Policy
To reduce lost tickets, deter the resale of tickets for above Face Value, and encourage the resale of tickets via STEP, if during the ticket purchase process I select to have physical tickets and vehicle passes mailed to me, they will be shipped some time after the middle of June 2017. Tickets and vehicle passes will ship to the billing address I listed during the sale process, unless I subsequently requested that my order be shipped to a different address. If the ticket website contains a procedure to allow any change of the delivery address, I must make any requests to change the delivery address prior to May 31, 2017. I understand, however, that any such address change may not be processed and my tickets and vehicle passes may ultimately be mailed to the original address I listed, and I release BRC from any liability concerning the tickets or vehicle passes.
Low Income tickets, orders with shipping addresses outside of the US and Canada, any tickets and vehicle passes for which no delivery address is specified during the ticket registration or ticket purchase process, and, at BRC’s discretion, any orders that are returned to BRC by the shipping provider will be held at Will Call. Will Call tickets and vehicle passes are held for pick up at the Box Office located at the front gate of Black Rock City. Unless other arrangements have been made with BRC, or the buyer has initiated a transfer of their order into another person’s name through the system operated by BRC’s ticket vendor, only the person under whose name the tickets or vehicle passes were purchased may pick them up at Will Call, and they must present valid legal photo identification in order for tickets or vehicle 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 vehicle passes. I understand that I am responsible for checking the age minimum for the Event, and that 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. I understand that the Box Office closes at 12 pm (noon) PDT on Saturday, September 2, 2017, and that no tickets or vehicle passes held for Will Call pickup may be collected after then. No refunds will be issued for participants who do not collect their tickets or vehicle passes before the Box Office closes.
- 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 BLM on maximum population at the Event, I understand that I may be subject to lengthy delays in entry to the Event and in leaving the Event. I will be prepared for long waits on the playa in leaving the Event during Exodus, and long waits at the Gate before entry into the Event if BLM delays entry based on its determination that the maximum population has been reached.
- These Terms and Conditions shall be governed by and enforced according to the laws of the State of California without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in San Francisco, California, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
- I understand that these Terms and Conditions may be changed by BRC prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at http://tickets.burningman.org/terms-and-conditions. My use of a ticket or other entry credential for entry to the Event signifies my binding agreement to the Terms and Conditions in effect at the time of my 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.