Waiver of Liability
Only You are Responsible for You.
YOUtopia is an amazing city, full of possiblity, 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.
You’re in charge of your adventure!
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.
Protect your stuff!
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
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 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.
- 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 De Anza Springs Resort (“De Anza Springs”) (Burning Man and De Anza Springs 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 (medical or otherwise) 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 (medical or otherwise) that are not known or foreseeable at this time and that SDCAP, Burning Man and Houselights 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 FALL 2023 EVENT, 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.”
- 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 De Anza Springs. 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.
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.
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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 Fall 2023 Parental Consent Release & Waiver of Liability & Assumption of Risk Agreement
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 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):
- 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.
- 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.
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.
- 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.
- 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, directors, volunteers, employees, and agents attributable to the minor(s) participation in the Event.
- 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.
- Acknowledge YOUtopia are not joint sponsors, joint venturers, partners, or otherwise jointly engaged in the Event.
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 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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Parent and Guardian Agreement
Parent/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.
- Take your child to Medical for assessment and/or treatment of any potential injuries.
- Hire Event security to protect your minor while we are searching for you. In such an event, you specifically acknowledge and agree that all expenses associated therewith will be payable by you prior to leaving the Event.
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) |
