TERMS & CONDITIONS AND WAIVER & RELEASE OF LIABILITY

Terms and Conditions

I acknowledge We Work Management LLC and its affiliates (collectively, “WeWork”) has granted me a revocable license to the applicable the Backyard activation and any event associated therewith (the “Event”) that only allows entry into the Event premises located at 35 S. Second Street, San Jose, CA 95113.  I acknowledge that I will follow all instructions and/guidelines issued by WeWork at all times during the Event.  WeWork reserves the right to revoke the license with or without cause.  In particular, the license may be withdrawn to any person whose conduct is deemed to be disorderly, who uses abusive language, fails to comply with these terms, any security policies or any terms and/or rules imposed by the Event premises.  No refund or other remedy will be provided under any circumstances, including, without limitation, if the holder is ejected or refused entry due to disorderly conduct or failure to comply with these terms, any security policies or any terms and/or rules imposed by the Event premises and I will not be entitled to any damages, including, but not limited to consequential, incidental or exemplary damages.  All ticket purchases are non-transferrable.

Searching is a condition of entry to the Event at the WeWork’s sole discretion.  I acknowledge I and my belongings may be searched on entry to the Event. I consent to such searches and waive any related claims that may arise.  By electing not to consent to such searches, I acknowledge that I may be denied entry to the Event without refund or other compensation.  Under certain facility rules, certain items may not be brought into the Event premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.  WeWork reserves the right to confiscate any item which in the opinion of the WeWork may cause danger or disruption, be a health and safety risk, not be suitable to be taken into the Event or is one of the items not permitted in the Event premises as detailed in these Terms and Conditions.

I acknowledge that participation in this Event involves, without limitation, the inherent risk of physical injury as well as the risk of lost, stolen or damaged property of any kind and I assume all such risk.  I agree that in consideration of WeWork Management LLC allowing me to attend this Event, I voluntarily release, hold harmless and indemnify We Work Management LLC, its affiliates, members, officers, agents and employees (the “Covered Parties”) from any and all claims, demands, rights and causes of action of whatever kind, arising from foreseen and/or unforeseen bodily and/or personal injuries, damage to property and the consequences thereof, resulting from my participation in or in any way connected to the Event.
I acknowledge I am subject to the rules, regulations, terms of service, and/or related agreements of the Event premises and of any and all third-party providers (each a “Provider”) that are providing services to me.  I acknowledge that the Covered Parties accept no responsibilities for any damage and/or delay due to a Provider’s cancellations, shortages, labor disputes, machinery breakdown as well as any quarantine, government restraints, inclement weather or force majeure events beyond the Covered Parties’ control.  No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services provided by such Provider.  No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law.

In an emergency, I acknowledge that I am solely responsible for all medical and other costs arising out of bodily injury or any loss sustained through participation in the Event.  I authorize the Event staff to secure any licensed hospital, physician and/or medical personnel for any treatment deemed necessary for my immediate medical care.

I give my irrevocable consent and grant WeWork and its affiliates the right to utilize my name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, me or anyone acting on my behalf.  I acknowledge that WeWork or its affiliates shall own the copyright in these audio, video, and photographs.

If I do not receive a confirmation (in the form of a confirmation page or email) after submitting payment information, or if I experience an error message or service interruption after submitting payment information, I acknowledge my responsibility to confirm with the event organizer whether or not my order has been placed.  I acknowledge only I may be aware of any problems that may occur during the purchase process.  I acknowledge Covered Parties will not be responsible for losses (monetary or otherwise) if I assume that an order was not placed because I failed to receive confirmation.
Except in the case of gross negligence by WeWork, I agree that WeWork’s liability for loss or damage to me shall be limited to the price I paid for (a) my ticket, or (b) the services I received at the Event.  

I ACKNOWLEDGE I WILL NOT BE ENTITLED TO CONSEQUENTIAL, INCIDENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND.

I acknowledge that I am above the age of majority of the country that the Event is being held and agree to all these Terms and Conditions prior to entering the Event. In the event I bring a minor to the Event with me, I am the legal guardian of such minor and consent to such entry agree to all these Terms and Conditions prior to entering the Event on such minor’s behalf.

WAIVER AND LIABILITY RELEASE FOR ACTIVITIES

TERMS AND CONDITIONS OF PARTICIPATION IN ACTIVITIES AND DEMONSTRATIONS

Assumption of Risk. I, the undersigned, am aware that there are significant risks involved in all aspects of physical activities. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains; food allergies and/or reactions. I am aware that any of these risks may result in serious injury or death to myself and or others. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity, class or use of the facilities at Location while at, or under direction of We Work Management LLC and its affiliated and subsidiary companies, and each of their respective parent, subsidiary, affiliated or related companies (the “WeWork Companies”).

Suitability for Activity. I hereby certify that I am physically fit for participation in the event and/or the activities which I register or other activities conducted in conjunction therewith (the “Event/Activity”) and has the skill level required in conjunction with the Event/Activity, and I have not been advised otherwise.

Release, Waiver, Indemnification. I, the undersigned, hereby indemnify, waive, release, hold harmless and forever discharge WeWork Companies and its agents, employees, officers, directors, affiliates, successors, volunteers and assigns, of and from any and all claims, actions, demands, debts, contracts, expenses, causes of action, lawsuits, damages, liabilities, costs or expenses of any kind or nature, whether known or unknown, in law or in equity, that I ever had or may have, arising from or in any way related to my participation in the Event conducted by, on the premises of, or for the benefit of WeWork Companies; provided, that this Waiver and Release of Liability Form does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.

Binding Effect. This Waiver and Release of Liability Form is binding upon me, my heirs, executors, legal representatives, successors and assigns. The provisions of this Waiver and Release of Liability Form will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of the Organization, whether by agreement, by operation of law, or otherwise.

Severability. If any provision of this Waiver and Release of Liability Form is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be fully effective.

Integration Clause. This Waiver and Release of Liability Form contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Waiver and Release of Liability Form. The provisions of this Waiver and Release of Liability Form may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

Photography/Video Release. I acknowledge that participants, including myself, may be photographed or videotaped during Event. I hereby consent to the use of these photographs and/or videos without compensation, reservation or limitation, or further approval, in all media, whether now known or hereafter devised, throughout the universe in perpetuity and in all forms including, without limitation, digitized images, whether for advertising, publicity, or promotional purposes on the WeWork website or in any editorial, promotional or advertising material produced and/or published by WeWork Companies.

Governing Law. This Waiver and Release of Liability Form shall be governed by the laws of the State of New York, and any legal action relating to or arising out of this Waiver and Release of Liability Form shall be commenced exclusively in the courts located in New York County, New York.

By registering, I certify that I have read and understood the foregoing assumption of risk, and release of liability and I understand that by registering it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by registering for the Event/Activity I am waiving valuable legal rights and I have agreed to this document as my own free act and deed.