ATTENDEE TERMS OF SERVICE
The following terms govern the purchase, possession, presentation, or use of a ticket, valid badge, wristband, or other authorized means of entry (each, a "Ticket") and attendance of and admission to College Fashion Week (the "Event" or "CFW"). Each person purchasing or holding a Ticket or attending CFW ("you" or "Holder") agrees to comply with all rules and regulations of CFW, including, but not limited to, these Terms and Conditions below.
HOLDER'S ASSUMPTION OF RISK
Holder assumes all risk incidental to their attendance at CFW and participation in any Event activities, including but not limited to the risk of personal injury and loss or damage to property occurring at CFW. Holder acknowledges and agrees that CFW, BKLYN Studios, HER CAMPUS MEDIA LLC ("HCM", and together with BKLYN Studios, "Management") are not responsible for lost, stolen or damaged Tickets or personal property.
Holder acknowledges that there are hazards and risks of physical injury or illness to attendees of CFW and that not all such hazards or risks can be fully eliminated. By purchasing or accepting a Ticket and/or attending CFW, Holder freely and voluntarily agrees to assume the full risk of bodily injury or property damage, regardless of severity, or death that Holder may sustain as a result of attending CFW, whether or not caused by the negligence or gross negligence of Management or its agents.
HOLDER'S RELEASE AND AUTHORIZATION
Holder hereby releases CFW, Management, all CFW sponsors, and each of their respective parent, subsidiary, and affiliated entities and each of its and their officers, directors, employees, contractors, agents, licensees, volunteers, and representatives and such other parties as Management advises as additional insureds, in its sole discretion (collectively, the "Released Parties"), from any and all claims, actions, suits, costs, attorneys' fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, "Released Claims") arising out of or in connection with CFW (including Holder's attendance of and/or participation in CFW and any activities associated with CFW, whether occurring before, during or after CFW). The Released Claims shall include, but are not limited to, those based on negligence or gross negligence of any of the Released Parties or any of the other participants in or at CFW, wrongful death, personal injury, infliction of emotional distress (both negligent and intentional), products liability, breach of contract, fraud, fraudulent inducement, fraudulent concealment, breach of any statutory or other duty of care owed under applicable laws, or loss of earnings or potential earnings.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Holder authorizes and authorizes and permits CFW and Management and its designees, which may include but are not limited to all sponsors, exhibitors and contractors, the use of Holder's name, image, voice, likeness and all reproductions thereof by any means and in all media now and hereafter known for any and all purposes worldwide in perpetuity.
Holder further authorizes and permits CFW and Management to share Holder's personal information, including but not limited to contact information, with such sponsors, exhibitors, vendors, companies, and entities with which Holder scans their Ticket at CFW or otherwise utilizes the on-site or web-enabled technologies, including but not limited to on-site Wi-Fi, on-site interactive kiosks, wearable beacon technology and/or RFID technology, and any mobile applications associated with CFW (the "Digital Technologies"). By scanning or otherwise utilizing the Digital Technologies, Holder consents to the sharing of Holder's personal information with the corresponding sponsor, exhibitor, vendor, company, or entity.
NO RECORDINGS PERMITTED
Holder agrees not to make any recordings of or use live streaming applications or flash photography at or during any and all panels, presentations, screenings or stage performances at the Event without the express written permission of Management. Holder is fully responsible for any photographs or other recordings ("Recordings") Holder creates while at the Event, and agrees to indemnify and hold harmless the Released Parties (as defined above under "HOLDER'S RELEASE") from and against any and all claims, actions, liabilities, and expenses (including attorney's fees and costs) incurred by the Released Parties arising from or related to such Recordings, including, but not limited to, a claim that such Recordings violate or infringe the rights of another CFW attendee or other third party, including, but not limited to, such third party's copyright, trademark, trade secret, rights of privacy or publicity, or other personal or proprietary right.
NO DISRUPTIVE BEHAVIOR
CFW and Management reserves the right to deny entry to CFW or remove from CFW any person who is behaving or threatening to behave in a manner in which Management, in its sole and absolute discretion, considers to be disruptive of CFW or to its attendees.
TICKETS AND FEES
The unauthorized resale, attempted resale, and/or transfer of a Ticket is strictly prohibited and will constitute a forfeiture of such Ticket without refund or other compensation. Each Ticket may only be used by the same Holder. CFW's operating hours, schedules, artists, vendors, activities, and speakers are subject to change or cancellation without notice. Each Ticket is a revocable license to attend CFW. All panels, photo ops, special events, show features and performances are subject to availability and access is not guaranteed, may require an additional fee, and/or may only be available to designated types of Tickets.
Holder acknowledges that there are hazards and risks of physical injury or illness to attendees of CFW and that not all such hazards or risks can be fully eliminated. By accepting this Ticket and attending CFW, Holder freely and voluntarily agrees to assume the full risk of bodily injury or property damage, regardless of severity, or death that Holder may sustain as a result of attending CFW, whether or not caused by the negligence or gross negligence of special events or Management.
INDIVIDUALS UNDER 18
All attendees over the age of 6 years of age need a Ticket to enter CFW. Please note, Management recommends that all individuals under the age of 18 attend with a parent or legal guardian, and requires individuals under the age of 13 to be accompanied by a parent or legal guardian. Individuals under the age of 18 must obtain the permission of a parent or legal guardian before: purchasing a Ticket; sending any information to CFW, Management, or to any of their vendors; entering any sweepstakes or contests taking place at or in connection with CFW; posting information on popsugarplayground.com or related websites; or purchasing any goods related to CFW.
Any individual, by submitting information to CFW or Management, purchasing and/or using a Ticket, represents and confirms that such individual is age 18 or over or have obtained the consent of their parent or legal guardian. If you are the parent or legal guardian of a CFW attendee that is under the age of 18, it is your responsibility to check the suitability of CFW for any individuals in your party under the age of 18 regardless of official age restrictions.
The Digital Technologies are neither directed at nor intended for use by individuals under the age of 13. If you are under the age of 13, do not access or use the Digital Technologies. If you are under the age of 18, do not access or use the Digital Technologies without express consent of a parent or legal guardian. Management does not knowingly collect personal information from individuals under the age of 13, and if Management becomes aware that either of them have inadvertently done so, Management will promptly delete such personal information.
CANCELLATION POLICY
Tickets and any associated fees are non-refundable and Tickets are non-transferable and cannot be reproduced, resold or upgraded. CFW and Management reserve the right to cancel CFW on limited or no notice, and in the event of such cancellation, Holder will not be entitled to a refund of the Ticket price, expenses associated with registration, or other compensation of any kind, including, but not limited to travel costs and cancellation fees.
VISUAL/AUDIO/IMAGE RELEASE
In exchange for the opportunity to register and attend CFW, I hereby grant to Management, its employees, agents, and assignees, the absolute and irrevocable right and permission to photograph, film, reproduce, record and/or otherwise capture my name, voice, appearance, image and/or likeness (collectively, "Likeness") at CFW (the results of which are, together with all rights therein, the "Recordings") and to exploit, copy, distribute, modify, license, combine with other materials and otherwise use such Recordings in any and all media, in perpetuity, for any purpose including on the CFW website and for advertising or other purposes. I waive any right to inspect or approve the Recordings or any printed or electronic matter that may be used with them. I agree that Management will own the Recordings and I hereby waive any claim to compensation associated with the Recordings or Management or its assigns use of my Likeness. I agree that Management owns the images and all rights related to them.
I release Management and its employees, agents, and assignees, including any firm authorized to publish and/or distribute a finished product containing material produced by Management, from any claims, causes of action, damages or liability which I may ever have in connection with the use of or relating to my Likeness and the Recordings. I hereby waive any moral rights or "droits moral" I may have in the Recordings and other material produced by Management.
I warrant that I am at least 18 years of age and that I have the right and authority to agree to the terms of this appearance release ("Release"). I have read the Release in full before agreeing to its terms. I understand its content, and I freely accept the terms.
To the extent that I am the parent or guardian of a minor or minors who will be attending the CFW with me, I hereby expressly approve and consent to this Release and waive all obligations and rights which I may have in connection therewith. For good and valuable consideration, I hereby guarantee that the minor or minors shall not at any time disaffirm the Release by reason of the minor's or minors' minority or otherwise and hereby agree to indemnify and hold Management harmless from any loss arising from any claims made by or on behalf of the minors relating to this Release.
ANTI-HARASSMENT POLICY
CFW has a ZERO TOLERANCE POLICY for harassment of any kind. If a person engages in harassing behavior, CFW staff will take prompt action in any form they deem appropriate in their sole discretion, including but not limited to expulsion from CFW with no refund or other compensation. This Anti-Harassment Policy applies to EVERYONE at CFW including exhibitors, artists, attendees, speakers, guests, professionals, press, staff, volunteers and security.
ACKNOWLEDGMENT
In exchange for the opportunity to register and attend CFW, I represent that I have read, understand and agree to terms and conditions stated herein and agree that these terms shall be construed by and governed in accordance with the laws of the State of Massachusetts and that, with respect to any dispute arising from these terms, sole and exclusive jurisdiction and venue shall lie with the state and federal courts located in Suffolk County, Massachusetts.