Cielos Participant Agreement

In exchange for being allowed to participate in and attend an event being facilitated by Evolver Group LLC (aka “Cielos”), together with all related activities, meals, programming, lodging, entertainment, and transportation (jointly referred to herein as the Event), I agree to comply with all rules and conditions of the Event conveyed to me before or during the Event, including but not limited to those contained in this Participant Agreement.  I understand that this Agreement contains an arbitration provision which provides for alternative dispute resolution in the event I have any claims against the organizers of the Event, and that in signing this Agreement and/or attending the Event, I give up certain rights to sue the Event organizers in court.

  1. I certify that I am physically able to participate in the 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, reputational, 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 Event, namely Evolver Group LLC and its owners, officers, directors, employees, agents, assignees, heirs, successors, representatives, volunteers, contractors, subsidiaries, facilitators and/or affiliates (collectively, ‘Cielos’), and/or other participants in the Event (Participants), and/or the owners (Landlords) of the premises where the Event is held (“Crazy Diamond”, aka the Premises); (b) conditions of the Premises or equipment used thereon, including hidden or latent risks, defects, and dangers; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of Participants; (g) the widespread use by participants and by Cielos of fire, pyrotechnics, flame effects, explosions, and other similar activities; (h) vehicular traffic; (i) wildlife, including animals, insects, birds, and microorganisms; (j) dangerous activities that may take place on properties adjacent to the Premises, and (k) other dangerous conditions inherent to group gatherings in rural locations. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time.
     

  3. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PROPERTY DAMAGE, THEFT, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD Cielos AND THE LANDLORDS HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF Cielos, THE LANDLORDS, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
     

  4. I understand that during the Event, performances, including but not limited to fire, music and spoken word performances, sound and guided meditations, yoga, and other events or programming (collectively, Programming or Activities, and each an Activity) will be held and/or on display, and I understand that most of these activities are not owned or operated by Cielos. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THE OPERATION OF AND/OR MY PARTICIPATION IN ANY OF THESE ACTIVITIES OR ANY PROGRAMMING, AND ALL OF THE RELEASES CONTAINED HEREIN APPLY WITH EQUAL FORCE TO ANY INJURY I MIGHT SUSTAIN AS A RESULT OF ANY PROGRAMMING OR MY PARTICIPATION THEREIN.
     

  5. I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue Cielos, the Landlords, and other participants, sponsors, facilitators, and, if applicable, other owners and lessors of equipment and the premises used to conduct the Event or related activities, or any of the owners, officers, directors, employees, agents, assignees, heirs, successors, representatives, volunteers, contractors, subsidiaries, facilitators and/or affiliates of any of the foregoing (collectively the Releasees), for any and all claims for damages, injuries, losses, liabilities, and expenses of any kind or nature whatsoever that I may have or that may subsequently accrue to me relating to, resulting from, or arising out of my participation in the Event, including in any Programming, programs, events, occurrences, 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 Cielos 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 Event, including in any programs, events, Programming, or activities at the Event. I intend that the waiver and release of liability contained in this Participant Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
     

  6. Media Policy. By entering the 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. Cielos monitors dissemination of Event Imagery to ensure that photographs and videos from the Event are not improperly used for advertising or commercial purposes, and 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 Cielos); and (3) posting on personal social media accounts, such as Instagram and Facebook (as long as the post does not promote any commercial product, service, or brand, 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 Cielos, 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. Except with the prior, express, written permission of Cielos, I agree not to use any Event Imagery, or permit any other person to use any Event Imagery, to promote any commercial product, service, or brand.
 

I assign to Cielos a joint ownership in the copyright to my Event Imagery for the purpose of enabling Cielos to enforce that copyright against any third party that displays or disseminates any of my Event Imagery in a manner not authorized by this Participant Agreement. I appoint Cielos as my attorney-in-fact to execute any documents necessary to effectuate such assignment. Cielos 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 Cielos, 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 Cielos, I agree that any permission, license, or right I may have granted this third party is completely void and invalid and that Cielos 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 posters 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 or post publicly 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 Cielos notifies me that any Event Imagery must be removed, for any reason whatsoever in Cieloss sole discretion, I will promptly remove or cause to be removed those images. Cielos, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Event Imagery in violation of this Participant Agreement and may cause the removal of such Event Imagery on any webpage on which it is displayed, including by utilizing the remedies provided by the Digital Millennium Copyright Act of 1998 (DMCA). I understand that use of the Creative Commons™ licenses approved herein does not supersede this Participant Agreement, or my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate. Cielos 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 Evolver at press@evolvergroup.co.
 

The Cielos community grows primarily by word of mouth. Cielos does little to solicit attention from media companies about the Event, and does not seek to grow the Re:grouping movement by exposure through the mass media. Cielos 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 Cielos. Please contact press@evolvergroup.co for more information on how to apply for this permission. All such projects require Cielos’ review and written approval prior to any distribution.
 

  1. Evolver Trademarks and Copyrights. I acknowledge that the Evolver and Re:grouping names, wordmark, logos, and other symbols are registered trademarks Evolver, that the content of the Programming and materials distributed during the event are copyright materials belonging to Evolver, and that Cielos has the exclusive right to license and enforce those trademarks and copyrights along with its other intellectual property (collectively, Evolver Intellectual Property'').
     

WITHOUT THE PRIOR WRITTEN CONSENT OF CIELOS, I UNDERSTAND THAT I MAY NOT USE ANY EVOLVER INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION, IN MUSIC VIDEOS OR IN POSTS ON COMMERCIAL SOCIAL MEDIA ACCOUNTS), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized by this Participant Agreement or constitutes a fair use under United States law.
 

  1. I acknowledge that people will be 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 Cielos and the Landlords from any liability due to such capturing, display, or dissemination.
     

  2. I hereby appoint Cielos as my representative to protect my intellectual property or privacy rights, recognizing, however, that Cielos has no obligation to take any such action. I understand that if Cielos files a lawsuit to protect my intellectual property or privacy rights pursuant to the appointment in this Section, and Cielos 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, Cielos will make reasonable efforts to notify me of any such action by sending a communication to the contact information in Cielos’ possession.
     

  3. I understand that some Events facilitated by Cielos may include, by prior arrangement, expressive activities and dress that involve partial or total nudity by some participants. Should the Event include nudity, I agree that such expressive activity and dress is not indecent or offensive to me, and that I have decided to attend the Event with full knowledge and consent that such expressive activity and dress may occur. I acknowledge that I have the opportunity to inquire, prior to the Event, as to whether nudity is expected to be incorporated into the Event. 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, including full or partial nudity, and that I have exercised parental responsibility, discretion, 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, AND THAT NEITHER Cielos NOR ANY OTHER PERSON OR ORGANIZATION SHALL BE RESPONSIBLE FOR SHIELDING ME OR ANY MINOR ACCOMPANYING ME FROM SUCH ACTIVITIES OR FOR REFUNDING ANY PRICE OF ADMISSION OR ANY OTHER COSTS OR EXPENDITURES IF I SHOULD CHOOSE TO LEAVE THE EVENT.
     

  4. I understand that minor children under 18 years of age may attend the Event only if accompanied by a parent or guardian, and if I bring a minor to the Event, I agree each and all of the contractual terms contained in this Participant Agreement on behalf of the minor, and agree not to make any claims on behalf of such minor.
     

  5. I ACKNOWLEDGE THAT ACCOMMODATIONS AT THE EVENT MAY BE GENDER-NEUTRAL AND MIXED-AGE, AND I MAY BE REQUIRED TO SHARE MY ACCOMMODATIONS WITH PERSONS OF A GENDER OR AGE GROUP OTHER THAN MY OWN. If I object, I may request alternate accommodations from Cielos staff, who may or may not fulfill my request in their sole discretion. I understand and agree that if alternate accommodations are not available, I may leave the Event, but if I do, no refund will be made to me unless Cielos chooses to provide one in its sole discretion.
     

  6. I acknowledge that all vehicles and accommodations are subject to search by Cielos staff for stowaways, dogs, guns, knives, weapons, live plants, fireworks, handheld lasers, voice/sound amplification devices, or other prohibited items.
     

  7. I agree to read and abide by all terms on any ticket, program, or other materials provided to me by Cielos or any representative of a Cielos party prior to or in the course of the Event.
     

  8. I consent to have medical treatment that may be deemed advisable by Cielos or medical personnel in the event of injury, accident, and/or illness during any program, event, or activity at the Event. I release Cielos and all persons participating in any such medical treatment from all responsibility for any such actions.
     

  9. I agree that Cielos is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes (or potential causes) of damage to my person or property. I understand that all fees are nonrefundable even if the Event is terminated early or canceled, or if entry conditions, events, programming, accommodations, or meals are modified due to weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or any other conditions beyond Cielos’ control.
     

  10. I understand that (1) guns, knives, fireworks, rockets, and other explosives are prohibited; (2) handheld lasers and voice/sound amplification equipment of any kind are prohibited unless approved by Cielos; (3) this is a LEAVE NO TRACE, pack it IN, pack it OUT event.
     

  11. I understand that commercial activities of any kind, including without limitation delivering goods or services to or at the Event for a prepaid fee, or engaging in marketing or brand promotion at the Event, are expressly prohibited, except as authorized by Cielos and permitted by the site Landlord in writing.
     

  12. Refunds will be issued up to 30 days prior to the Event, after which ALL SALES ARE FINAL NO REFUNDS WILL BE ISSUED FOR ANY REASON AFTER THAT DATE. IF EVENT IS CANCELLED FOR ANY REASON, PARTICIPANTS WILL HAVE THE OPTION TO RESCHEDULE FOR AN ALTERNATE DATE IN THE FUTURE.
     

  13. UNAUTHORIZED DRIVING WITHIN THE EVENT SITE IS PROHIBITED. NO VEHICLES MAY BE DRIVEN INTO THE EVENT OTHER THAN THOSE REGISTERED THROUGH THE THIRD-PARTY CARPOOLING APPLICATION DESIGNATED BY CIELOS (OR DRIVEN BY A PERSON WHO HAS REGISTERED THROUGH SUCH APPLICATION). I understand that permission to enter the Event only grants the ability to drive a vehicle into the Event site and directly to the designated parking area, and that such permission does not include any additional on-site driving privileges.
     

Cielos WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRESENCE OF ANY PERSONAL VEHICLES BROUGHT TO THE EVENT, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, THEFT, VANDALISM, OR OTHER DAMAGE TO SUCH VEHICLES OR THE CONTENTS THEREOF.
 

I understand that if my vehicle is disabled or abandoned on the Event premises or the roads leading to the Event, my vehicle may be towed and stored or impounded, and I expressly release Cielos and its agents from liability for any damage to my vehicle that may result from the towing process. To help mitigate traffic issues, Cielos reserves the right to limit the number of vehicles permitted to enter the Event. Cielos reserves the right to subject the entry, parking, use of vehicles to further terms and conditions.
 

  1. Cielos does not promise that the Event Page will be error-free or uninterrupted. The website, content, and service are delivered on an AS-IS and AS-AVAILABLE basis, and Cielos DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cielos WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EVENT PAGE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES.
     

  2. This Participant Agreement shall be governed by and enforced according to the laws of the State of New York without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with this Participant Agreement must be brought exclusively in the federal or state courts located in New York, New York, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
     

  3. Information provided to Cielos in connection with Event is covered by the Evolver Privacy Policy, available at https://evolvergroup.co/privacy.
     

  4. This Participant Agreement and the rights and obligations of the parties will be governed by and construed according to the laws of the state of New York, without regard to the choice of law provisions that would require the application of the laws of another jurisdiction. I AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT (INCLUDING THE BREACH THEREOF) OR THE EVENT (INCLUDING CLAIMS FOR PERSONAL INJURY OR DEATH) SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. UNLESS OTHERWISE AGREED BY ALL PARTIES, THERE SHALL BE A SINGLE ARBITRATOR, TO BE APPOINTED BY THE AAA, AND THE ARBITRATION SHALL BE CONDUCTED IN CALIFORNIA (WITH REMOTE PARTICIPATION AS MAY BE PERMITTED BY THE ARBITRATOR). Subject to the foregoing arbitration provision, I irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts located in the city of New York.
     

  5. I understand that this Participant Agreement may be changed by Cielos prior to the Event, and if so, the revised Participant Agreement will apply to me. The most current version can be found at https://evolvergroup.co/terms. My entry to the Event signifies my binding agreement to the Participant Agreement in effect at the time of my entry to the Event.
     

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS PARTICIPANT AGREEMENT, WAIVER AND RELEASE OF LIABILITY, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS FOR MYSELF AND OTHERS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.