Waiver of Liability

You Are Responsible - You and Only You!

YOUtopia is an amazing city, full of possibility, adventure and - dare we say it? - RISK. 

This is a temporary city built by its citizens with only the most minimal rules to support public safety. SDCAP does not review or scrutinize much of what will appear at the Event and we take NO responsibility for the safety of anything participants bring including Art Installations and Theme Camp infrastructure - or anything else for that matter.  That doesn’t mean we don’t care… we do care - A LOT - and we encourage all citizens to speak up if they see unsafe conditions, but we also encourage you to know your boundaries and to make conscious choices about what is safe for you.

REMEMBER - when you buy a ticket YOU SIGN A COMPREHENSIVE WAIVER OF LIABILITY (and you’ll give a signed hard-copy to the Gate attendant) that means you YOU TAKE 100% OF THE RESPONSIBILITY FOR ANY HARM WHICH MAY COME TO YOU AND/OR YOUR PROPERTY at the Event. You’re responsible even if the harm is caused by a participant, volunteer or a failure of the Event organizers. Take this seriously! You’re in charge of your experience and you’re responsible for whatever happens whether it’s amazing, just O.K. or lousy.  

We also encourage folks who choose to bring valuable equipment or infrastructure to the Event to remember that it’s going to be exposed to the elements and the sometimes random actions of 3500 people (and, if you're plugging into Event-provided-power, to a temporary electrical grid) so having insurance may be right for you.

YOUtopia 2018 Waiver & Release of Liability

In consideration of being allowed to attend and participate in the "2018 YOUtopia Vintage Future Playground" event (the “Event”), I agree to comply with any and all rules, regulations, terms, and conditions of the Event, including but not limited to the following and those posted on http://sdyoutopia.com/terms-conditions/.

  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 medical or hospital bills, partial or permanent disability and death, property damage or 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 myself, the organizers of the Event, i.e., San Diego Collaborative Arts Project and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “SDCAP”) and/or participants in the Event; and/or any related entities including the Burning Man Project (“Burning Man”) and La Jolla Band of Luiseño Indians (“Band”) (Burning Man and the Band are not producers or organizers of 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 use by participants and by SDCAP of fire, pyrotechnics and 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 and that SDCAP, Burning Man and Band are not joint sponsors, joint venture partners, or otherwise jointly engaged in the above-named Event. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, EMOTIONAL INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE 2018 EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD SDCAP, BURNING MAN AND THE BAND HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF MYSELF, SDCAP, BURNING MAN, THE BAND, OR THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
  3. I understand that during the 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 SDCAP, Burning Man or the Band. 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 SDCAP, Burning Man and the Band and other participants, sponsors and, if applicable, owners and lessors of equipment, art installations, and/or premises used to conduct the 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 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 SDCAP 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, art installations, or activities at the Event. 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.

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS 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.

 

 

 

 

YOUtopia Volunteer 2018 Waiver & Release of Liability

This Release and Waiver of Liability ("Release") is in favor of San Diego Collaborative Arts Project (“SDCAP”), its board members, directors, officers and agents, as well as any and all related entities including without limitation the Burning Man Project (“Burning Man”), and the La Jolla Band of Luiseño Indians (“Band”) (collectively known as “SDCAP”).

I desire to work as a volunteer for ”YOUtopia 2018: Vintage Future Playground” located at the La Jolla Indian Campground (the “Event”) and engage in volunteer activities related to the planning, set-up, performance and tear-down of the Event (the "Activities").  Such Activities may include both pre- and post-Event services.

  1. I, and my successors, heirs and assignees, hereby release and forever discharge and hold harmless SDCAP and its successors and assignees from any and all claims, demands, actions, suits, losses, costs, charges, expenses (including legal expenses), damages and liabilities that arise or may hereafter arise from my volunteer Activities at or in anyway associated with the Event.  I hereby expressly and specifically assume the risk of any and all injury or harm in the Activities, and release SDCAP from all liability for injury, illness, death, expense of any kind, or property damage resulting from the Activities.  I UNDERSTAND THAT THIS RELEASE DISCHARGES SDCAP FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST SDCAP WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM MY ACTIVITIES WITH THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF MYSELF, SDCAP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, EVENT PARTICIPANTS,  OR OTHERWISE.  I ALSO UNDERSTAND THAT SDCAP DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE IN THE CASE OF INJURY OR ILLNESS.
  2. I understand that the Activities may include physical labor, use of tools and mechanized equipment, exposure to hazardous conditions, travel to and from the Event site or other circumstances that may result in personal injuries or death.  My participation in the Activities is purely voluntary; I elect to participate in spite of the risks and I expressly agree and promise to accept and assume all of the risks existing in the Activities.
  3. I understand that I will not be compensated for any time spent volunteering, nor am I entitled to benefits, including employment insurance benefits upon the termination of this agreement or as a result of this service.
  4. I understand that SDCAP is not responsible for any damage to my personal property used in connection with the Activities including, but not limited to, exhibitions, performance or display of artwork that I bring to the Event. Any and all personal property is used and or brought to the Event at my own risk and I hereby release, indemnify and hold harmless SDCAP from any and all costs and liabilities associated with any damage to my personal property.
  5. I understand that any materials and tools provided to me by SDCAP during the course of my volunteer services and Activities are and will remain the property of SDCAP and I agree to return these tools and any remaining materials to SDCAP at the end of my volunteer service and/or Activities.
  6. I certify that I am willing to assume the risk of any medical or physical condition I may have and do hereby release and forever discharge SDCAP from any claim whatsoever which arises or may hereafter arise on account of any first aid, medical treatment, or service rendered in connection with the Activities.
  7. I hereby agree to indemnify and hold SDCAP, or any party acting on their behalf, harmless for any and all attorney’s fees and costs required to defend or enforce this Release.
  8. This Release shall be construed and enforced under the laws of the State of California, without regard for its conflicts of laws principles.
  9. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

THIS DOCUMENT RELIEVES SDCAP, THE BURNING MAN PROJECT AND LA JOLLA BAND OF LUISEÑO INDIANS AND OTHERS FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, AND PROPERTY DAMAGE CAUSED BY NEGLIGENCE. I HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING BELOW.

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YOUtopia Consent Statement

We take consent seriously at YOUtopia! As part of your Waiver & Release of Liability, you acknowledge you have read and understand YOUtopia's & SDCAP's Consent Culture Statement as found here. For questions, email consent@sdyoutopia.com.

YOUtopia Parental Consent Release & Waiver of Liability & Assumption of Risk Agreement

FOR GOOD AND VALUABLE CONSIDERATION, including permission for the below named minor(s) to participate in the YOUtopia 2018 YOUtopia - Vintage Future Playground, a Burning Man Event, and related activities (hereinafter “Event”) and related activities, I, the parent/legal guardian of the minor(s) for myself and on behalf of the minor(s):

  1. Consent to the minor(s) participating in the Event; agree that prior to the minor(s) participation in the Event.  I will inspect the facilities, equipment, and areas where the Event is being conducted for the safety of the minor(s), and, if I believe any of the facilities, equipment or areas are unsafe, I will immediately advise the person(s) supervising the Event.
  2. Acknowledge that I fully understand that the minor(s) participation may involve risk of serious injury or death, including economic losses, which may result not only from the minor(s) own actions, in­actions, or negligence, but also from the actions, in­actions, or negligence of the San Diego Collaborative Arts Project, Inc. (“SDCAP”), participants or others, or the condition of the facilities, equipment, or areas where the Event is being conducted.
  3. Hereby forever release, indemnify and hold harmless SDCAP, its board members, directors, officers and agents, as well as related entities The Burning Man Project (“Burning Man”), and the La Jolla Band of Luiseño Indians (“Band”) (collectively known as “YOUtopia”) and their officers, employees, and agents from any and all claims, demands, suits, losses, costs, charges, expenses (including legal expenses), damages, liability or cause of action against YOUtopia attributable to the minor(s) participation in the Event, whether same shall arise by their negligence or otherwise.
  4. Assume all responsibility for any and all risks of personal injuries to the minor(s) and authorize YOUtopia to render any medical treatment that may be deemed necessary for the minor(s), or to take and admit the minor(s) to any hospital. If such medical treatment or hospitalization is required, I agree to pay all medical and hospital bills relating thereto, permanent or partial disability, or death and damages to the minor(s) or my property, caused by or arising from the minor(s) participation in the Event.
  5. Covenant not to sue or present any claim for personal injury, property damage, or wrongful death for or on behalf of the minor(s) against YOUtopia and their officers, employees, and agents attributable to the minor(s) participation in the Event.
  6. Agree that photographs, pictures, slides, movies, or videos of the minor(s) may be taken in connection with the minor(s) participation in the Event without compensation from YOUtopia and hereby consent to the use of said photographs, pictures, slides, movies, or videos for any legal purpose.
  7. Warrant that the minor(s) is/are in good health and has/have no physical condition that would prevent the minor(s) from participation in the Event.
  8. Acknowledge YOUtopia are not joint sponsors, joint venturers, partners, or otherwise jointly engaged in the Event.

IMPORTANT: THIS DOCUMENT RELIEVES YOUTOPIA FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH AND PROPERTY DAMAGE CAUSED BY NEGLIGENCE. BOTH PARENTS MUST SIGN UNLESS ONLY ONE PARENT IS LIVING OR UNLESS ONLY ONE HAS LEGAL CUSTODY. LEGALLY APPOINTED GUARDIANS MUST SIGN AND FURNISH EVIDENCE OF LEGAL GUARDIANSHIP. I HAVE READ THIS DOCUMENT, UNDERSTAND THAT I WILL GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN VOLUNTARILY.

I, THE MINOR(S), HAVE READ THIS DOCUMENT SIGNED BY MY PARENT OR LEGAL GUARDIAN AND JOIN THE WAIVER, RELEASE AND ASSUMPTION OF RISK. I AM AWARE OF THE RISKS INVOLVED IN MY PARTICIPATION IN THE EVENT AND RELATED ACTIVITIES.

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