PARTICIPANT AGREEMENT AND RELEASE
Chromasonic is an immersive art and cultural experience that uses light and sound and vibration to alter perception. The overall effect can be intense. Some participants report having powerful emotional experiences, including joy, awe, catharsis, nostalgia, grace, and transcendence. Most people find it ultimately relaxing and replenishing.
Although it is rare to have a negative emotional or physical response, please always feel free to exit the experience at any time if you have any concern for your wellbeing.
To provide the best possible experience, each person who purchases a ticket to or enters Chromasonic (each a “Participant”) agrees, as good and valuable consideration for being permitted to enter, to all of the terms and conditions set forth in this Participant Agreement and Release (the “Agreement”).
ASSUMPTION OF RISKS
Participant voluntarily assume all risk of loss, damage, illness, or injury (including death) that may result from: (A) Chromasonic Inc.’s property and related personal property; and (B) Participant’s attendance and participation in a Chromasonic experience (the “Experience”), whether occurring before, during, or after entrance to the Experience.
NOTWITHSTANDING THE RISKS AND DANGERS INHERENT IN THE EXPERIENCE, PARTICIPANT AGREES TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE EXPERIENCE, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY “RELEASEES” NAMED BELOW OR OTHERS.
PARTICIPANT AGREES TO WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST CHROMASONIC, INC. AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THE OWNERS OR LESSEES OF ANY PREMISES USED FOR CHROMASONIC (COLLECTIVELY, “RELEASEES”) IN CONNECTION WITH OR RELATED TO CHROMASONIC, WHETHER ARISING OUT OF THE CONSTUCTION OR MAINTAINANCE OF CHROMASONIC, THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE. PARTICIPANT ALSO PROMISES NOT TO BRING OR ASSERT (OR PERMIT A THIRD PARTY, INCLUDING PARTICIPANT’S HEIRS, FAMILY MEMBERS, EXECUTORS OR ADMINISTRATORS, TO BRING OR ASSERT) ANY CLAIM, DEMAND, SUIT OR ACTION WHATSOEVER THAT PARTICIPANT MAY NOW OR IN THE FUTURE HAVE AGAINST THE RELEASEES THAT ARISE OUT OF OR ARE CONNECTED WITH CHROMASONIC OR THE USE AND EXERCISE OF THE RIGHTS GRANTED TO THE COMPANY IN THIS AGREEMENT. SUCH CLAIMS, DEMANDS, SUITS AND ACTIONS INCLUDE, BUT ARE NOT LIMITED TO, NEGLIGENCE, LIBEL, VIOLATION OF PRIVACY RIGHTS, EMOTIONAL DISTRESS/PAIN AND SUFFERING, LOSS OF/DAMAGE TO PROPERTY, DEATH, ILLNESS, OR BODILY INJURY.
Participant understands that the release and waiver of liability set forth above covers claims which Participant may not know about or suspect may exist at this time. Nevertheless, Participant expressly waives and relinquish all rights and benefits under Section 1542 of the California Civil Code (or any comparable law), which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Participant understands that, for purposes of this Agreement, the terms “creditor,” “his/her” and “him/her” as used in the above-quoted language refers to Participant and Participant’s heirs, family members, executors or administrators, and the term “debtor” refers to the Releasees named above.
PARTICIPANT AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES OR COSTS ARISING FROM, INCURRED DUE TO, OR OTHERWISE IN CONNECTION WITH CHROMASONIC, INC. OR THE EXPERIENCE, WHETHER ARISING FROM THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
Participant authorizes and consents to emergency medical care and transportation to obtain treatment in case of injury, as Chromasonic, Inc. may deem appropriate. Participant expressly agrees to be financially responsible for such care and acknowledges that Participant is solely responsible for carrying his or her own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation Participant receives or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise.
When Participant appears in, creates, uploads, posts, submits, or sends any photographs, text, audio recordings, or video footage depicting or relating to Chromasonic, Participant grants Chromasonic, Inc. the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use Participant’s name, likeness, voice, and all other aspects of Participant’s persona for the purpose of operating, developing, providing, promoting, advertising, and improving Chromasonic or any other products or services provided by Chromasonic, Inc. or its sublicensees (in either case, now known or developed later). This means, among other things, that Participant will not be entitled to any compensation from Chromasonic, Inc., its affiliates, or its business partners if Participant’s name, likeness, or voice is used in Chromasonic promotions in any form of media.
Participant represents that he/she/they are at least 18 years of age and legally competent to enter into this Agreement. To the best of Participant’s knowledge, there is no health-related impediment to his/her/their (or his/her/their minor child’s) attendance at and participation in the Experience.
Participant expressly agrees that the terms of this Agreement are intended to be as broad and inclusive as is permitted under the laws of the State of California. If any portion (e.g., paragraph or sentence) of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
This Agreement states the complete understanding as to its subject matter and may only be modified (or any provision waived) by a writing signed by both Participant and Chromasonic, Inc. Participant understands this Agreement is legally binding on Participant, and Participant’s heirs, personal representatives, and assigns, and all matters arising from, relating to, or connected will be governed by and interpreted under the laws of the State of California, without regard for any principles that would cause the application of the laws of any other jurisdiction. Any claim or action (regardless of form) connected with, arising from, or relating to this Agreement or Chromasonic, Inc. will be filed only in a federal or state court located in the County of Los Angeles, State of California, and Chromasonic, Inc. and Participant irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue.
Participant hereby consents to contracting and transacting electronically. Electronic signatures, whether digital or encrypted, are intended to authenticate this Agreement and to have the same force and effect as manual signatures. To be clear, Participant will be deemed to have consented to the terms of this Agreement by purchasing a ticket to or entering Chromasonic. Participant hereby consents that marking that they have read, understand, and agree to this Agreement constitutes an electronic signature and consent to abide by the terms of the Agreement.
BY PURCHASING A TICKET TO OR ENTERING CHROMASONIC, PARTICIPANT UNDERSTANDS THAT HE OR SHE IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.