I, the undersigned participant, in consideration of the purchase of a ticket and permission to attend the Transformus event to be held July 18-22, 2024, at 1677 Ray Loop Road, Westfield, NC, (the “Transformus Event”) do hereby fully and unconditionally waive, release, hold harmless, forever discharge and promise not to sue Transformus, LLC, its members, managers, agents, volunteers, directors, committee members, assigns and attorneys (the “Transformus entities”), as well as Jimmy Fulp, his heirs, executors, administrators and assigns (the “landowner’s entities”) from any and all claims, demands, losses, liabilities or causes of action of any kind or character (including, without limitation, claims for personal injury, illness, emotional distress, death, property damage, or negligence on the part of the Transformus entities or the landowner’s entities) that I, or any minor for whom I am responsible, have or may have, whether in law or in equity, whether in contract, tort or under statute, ordinance or otherwise, on account of, in connected with, or arising from my entry and attendance, or the entry and attendance of any minor for whom I am responsible, at the Transformus Event. I agree to indemnify and defend the Transformus entities and the landowner’s entities from any claims arising out of or related to my participation at the Transformus Event, or the participation of any minor for whom I am responsible. I also release any claims for medical expenses incurred by myself or a minor for whom I am responsible. I, the undersigned participant, acknowledge and assume that there are certain inherent risks associated with the Transformus Event, including the presence of ponds, creeks, rivers, uneven terrain, ravines, cliffs, rocks, holes, trees, plants and other forest growth, wildlife, including snakes, insects, spiders, bears, coyotes and other animal encounters, lightning, forest fires, landslides, flooding, falling rocks, and hidden or unavoidable obstacles. Risks may include sunburn, hypothermia, dehydration, and heatstroke, fire (including bonfires, campfires and mobile flame vehicles), waterways, large interactive art projects and other related hazards. Such risks and dangers may include minor injuries, such as scrapes and bruises, to serious or catastrophic bodily injury, including permanent disability, paralysis, and the possibility of death. Likewise, I understand and acknowledge that there are risks associated with the activities and behavior of myself and other attendees of the event, including intoxication, dancing and other revelry. Additionally, I understand that I or the minor for whom I am responsible may be exposed to Covid-19; by attending Transformus I voluntarily assume all risks related to potential exposure. Such risks and dangers and any resulting loss and/or damages may be caused by my own actions (or those of a minor for whom I am responsible), inactions, or negligence; the actions, inactions or the negligence of the Transformus entities, Landlord entities, and/or participants; and/or the conditions under which certain Transformus Event activities take place. There are other risks, losses and/or damages that I (or any minor for whom I am responsible) could experience that I may not be aware of or are not readily foreseeable to me at this time. WITH FULL ACCEPTANCE AND UNDERSTANDING OF THE FOREGOING, I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES that I or any minor for whom I am responsible may incur as a result of our participation in the Transformus Event. Further, I, the undersigned participant, acknowledge the location of the pond on the property is prohibited. I understand that the river is public property. I understand that by using the river, I do so at my own risk. I understand and agree that there are inherent risks and/or dangers associated with the river. Additionally, I acknowledge that for the duration of the event held, that the organizers shall not hire or provide the services of any lifeguards to monitor or supervise the ponds or waterways. I hereby understand and agree that this General Release, Indemnification and Assumption of Risk shall be binding upon my heirs, executors, administrators, personal representatives, attorneys-in-fact and collectors and that this General Release, Indemnification and Assumption of the Risk shall inure to the benefit of the Transformus entities and the landowner’s entities. I agree that this General Release, Indemnification and Assumption of Risk shall be governed and construed in accordance with the laws of the State of North Carolina. YOU ARE AGREEING TO ENGAGE IN POTENTIALLY DANGEROUS ACTIVITIES. YOU ARE AGREEING THAT IN PARTICIPATING IN THE TRANSFORMUS EVENT, THERE IS A CHANCE YOU MAY BESERIOUSLY INJURED OR KILLED BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITIES THAT CANNOT BE AVOIDED OR ELIMINATED. ANY USE OF THE RIVER IS AT YOUR OWN RISK. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR RIGHT (AND THE RIGHT OF ANY MINOR FOR WHOM YOU ARE RESPONSIBLE) TO RECOVER FROM THE RELEASED PARTIES AND ASSOCIATED PERSONS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO US OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITIES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO ALLOW YOU TO PARTICIPATE IN THE TRANSFORMUS EVENT IF YOU DO NOT SIGN THIS FORM. PERSONAL USE AND COPYRIGHT AGREEMENT REGARDING EVENT IMAGERY (REQUIRED) By entering this Transformus, LLC Event, I agree to the following terms, conditions, and guidelines for the use of any imagery obtained or created at the Event, including, but not limited to, still photographs and videos (hereinafter “Event Imagery”). Transformus, LLC monitors dissemination of Event Imagery to: (1) preserve the principle of Decommodification by ensuring that Event Imagery from the Event is not used for advertising or commercial purposes; and (2) protect participants’ privacy, freedom of expression, and creative immediacy. Participants may use Event Imagery for “Personal Use,” which is defined as: (1) the sharing of Event Imagery with friends and family; (2) displaying Event Imagery on personal websites (so long as the website does not sell any product or service, and does not purport or appear to be an official website of Transformus or Transformus, LLC); and (3) displaying Event Imagery on personal accounts of photo sharing and social networking websites, such as Flickr and Facebook (so long as the display of the Event Imagery is not commercial or promotional and the account is not affiliated with any commercial enterprise). I HEREBY GRANT TRANSFORMUS THE RIGHT TO TAKE AND UTILIZE PHOTOGRAPHS OF ME PARTICIPATING IN THE TRANSFORMUS EVENT FOR THE PURPOSE OF PROMOTION AND ADVERTISING. I UNDERSTAND AND ACCEPT THAT I MAY NOT USE ANY EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM TRANSFORMUS, OTHER THAN FOR PERSONAL USE (as defined above). I understand that as a condition of admission to this Transformus, LLC Event, I relinquish any right I might have now or in the future to sell, transfer, license, sublicense, or give my Event Imagery to any other party and agree to inform anyone to whom I give any Event Imagery that it can only be used for Personal Use. Without the prior written consent of Transformus, LLC, I understand that I may not use in any advertisement, promotional materials (including music videos), or in the title or on the cover of any publication designed for public dissemination (other than blog posts), any: (1) Event Imagery, (2) drawings or representations of the Main Event sculpture, or (3) logos, trademarks, or other intellectual property owned or licensed by Transformus, LLC, including the phrase “Transformus and Ignite!” In exchange for being given admission to this Transformus, LLC Event I assign to Transformus, LLC a joint ownership in the copyright to my Event Imagery for the purpose of enabling Transformus, LLC to enforce that copyright against any third party that displays or disseminates Event Imagery of which I am an owner in a manner not authorized by these Terms and Conditions, as determined by Transformus, LLC. I appoint Transformus, LLC as my attorney-in-fact to execute any documents necessary to effectuate this assignment. Since I understand that, in the absence of written permission from Transformus, I have no right to sell, transfer, license, sublicense or give any of my Event Imagery to any other party, if a third party obtains and uses any of my Event Imagery without such written permission, I agree that any permission, license, or rights I may have granted this third party are void and invalid and that Transformus, LLC has the absolute right, as joint copyright owner, to require the third party to cease all use of the Event Imagery. Despite assigning Transformus, LLC a joint ownership interest in my Event Imagery, Transformus, LLC will not have any obligation or duty to account for any profits that might arise from their use of any jointly owned Event Imagery. Additionally, this assignment of a joint copyright interest does not create a partnership or joint venture between the assignor and the assignee and I disclaim the existence and intent to create any partnership or joint venture with Transformus, LLC. If I post, or allow to be posted, any Event Imagery on a personal website or a website controlled by a third party, I agree that: (1) I will place, or cause to be placed, on any webpage where Event Imagery is displayed a notice that: (a) the Event Imagery can be used only for the poster’s personal use and not for any other purpose, and (b) the Event Imagery may be downloaded or copied only in accordance with one of three Creative Commons’ licenses that prohibit the licensee from using the Event Imagery for commercial purposes, including CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND (available at http://creativecommons.org/licenses/); (2) I will not license any Event Imagery that contains any nudity or partial nudity (including any imagery in which bare breasts, bare buttocks, genitals, or genital areas are visible); and (3) if Transformus, LLC notifies me that any Event Imagery must be removed, for any reason whatsoever in Transformus, LLC’s sole discretion, I will promptly remove or cause the requested images to be removed at my own cost. Transformus, LLC as joint copyright holder, reserves all rights to revoke any Creative Commons license that was erroneously placed on Event Imagery in violation of these Terms and may cause the removal of such Event Imagery on any webpage on which it is displayed. I understand that use of the Creative Commons’ licenses approved herein does not supersede these Terms and Conditions, or my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate and required by law. Transformus, LLC forbids the use of Event Imagery that contains nudity without the express written permission of subjects for any purpose, including for private profit. Violations or suspected problems of this nature should be reported to the Board of Directors or at press@transformus.com.
Entered effective this May 9, 2025. |
