Waiver of Liability
Only You are Responsible for You.
Only You are Responsible for You.
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 1500 people (and, if you’re plugging into Event-provided-power, to a temporary electrical grid) so having insurance may be right for you.
YOUtopia Fall 2023 Waiver & Release of Liability
In consideration of being allowed to attend and participate in the “YOUtopia Fall 2023: Materia Magica” 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 https://sdyoutopia.com/terms-conditions/.
I HEREBY WAIVE AND RELINQUISH, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BENEFITS OF CALIFORNIA CODE SECTION 1542 AND ALL SIMILAR STATE OR FEDERAL STATUTES OR RULES OF LAW. CALIFORNIA CIVIL CODE SECTION 1542 PROVIDES:
“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.”
I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue SDCAP, Burning Man and De Anza Springs 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.
Printed Legal Name
Signature (Legal Name) Date: |
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 Fall 2023 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 YOUtopia Fall 2023: Materia Magica, a regional Burning Man Event, and related activities (hereinafter “Event”), I, the parent/legal guardian of the minor(s) listed below for myself and on behalf of the minor(s):
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 De Anza Springs Resort (“De Anza Springs”) (collectively known as “YOUtopia”) and their officers, employees, volunteers, directors, 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.
IMPORTANT: THIS DOCUMENT RELIEVES YOUTOPIA, SDCAP, BURNING MAN AND DE ANZA SPRINGS, AND THEIR EMPLOYEES, OFFICERS, AGENTS, DIRECTORS AND VOLUNTEERS FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH AND PROPERTY DAMAGE CAUSED BY NEGLIGENCE. INCLUDING WITHOUT LIMITATION, ANY LOSS DUE TO THE CORONA OR COVID-19 VIRUS, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD SDCAP, BURNING MAN AND DE ANZA SPRINGS HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF MYSELF, SDCAP, BURNING MAN AND CDH, OR THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
I HEREBY WAIVE AND RELINQUISH, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BENEFITS OF CALIFORNIA CODE SECTION 1542 AND ALL SIMILAR STATE OR FEDERAL STATUTES OR RULES OF LAW. CALIFORNIA CIVIL CODE SECTION 1542 PROVIDES:
“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.”
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. THE PARENT/GUARDIAN SIGNING THIS WAIVER AND RELEASE HEREBY REPRESENTS THAT SUCH PERSON IS THE LEGAL PARENT OR GUARDIAN OF THE MINOR AND NO OTHER PERSON HAS THE RIGHT TO SIGN THIS AGREEMENT ON BEHALF OF THE MINOR.
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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Print Minor Legal Name/Date |
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Print Parent/Guardian Legal Name/Date |
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Signature Minor (Legal Name) |
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Signature Parent/Guardian (Legal Name) |
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Print Minor Legal Name/Date |
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Print Parent/Guardian Legal Name/Date |
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Signature Minor (Legal Name) |
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Signature Parent/Guardian (Legal Name) |
Parent and Guardian Agreement
AT ALL TIMES, children up to and including the age of 14 must be either with a group of other children, or have an accountable person, either an adult or an older child, who is in the immediate vicinity and within line of sight of the minor. If minors aged 14 or younger are found alone or improperly supervised the entire family may be asked to pack up and leave the Event immediately, without a ticket refund. This decision is within the sole discretion of the Event.
The waiver on your ticket applies to ALL members of your family. Read it! Don’t assume your kids are safe in anyone else’s camp–even your own or a friend’s if you’re not there–or on an Art Car, Mutant Vehicle or art structure. It’s up to you to be aware of what is happening around you at all times and to determine what is safe for you and your kids. Although kids ages 15 and older may be able to experience the Event without parental or guardian supervision, the parent or guardian is responsible for all actions of ALL of their children at all times, regardless of age.
If your minor (aged 14 or younger) is found alone or improperly supervised you specifically agree that YOUtopia staff may do any of the following:
Move your child to a safe location (Safety HQ or Ops) either on foot or via shuttle or other Event vehicle.
NOTE: YOUtopia does not provide child seats.
I ACKNOWLEDGE AND AGREE TO THE TERMS CONTAINED IN THIS PARENTAL/GUARDIAN AGREEMENT
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Print Minor Legal Name/Date |
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Print Parent/Guardian Legal Name/Date |
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Signature Minor (Legal Name) |
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Signature Parent/Guardian (Legal Name) |
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Print Minor Legal Name/Date |
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Print Parent/Guardian Legal Name/Date |
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Signature Minor (Legal Name) |
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Signature Parent/Guardian (Legal Name) |