SEX, SHAME AND DEATH
A Morning with David Whyte in Santa Monica
DATE: October 26, 2024
EVENT PARTICIPATION AGREEMENT
1. The undersigned (“I” or “you” or “me”), understands, acknowledges, and agrees to this Event Engagement Agreement (this Agreement”) for any event (the “Event”) acknowledged above, and hosted by or affiliated with David Whyte, d/b/a Many Rivers Company, an LLC, and its owners, officers, members, employees, subsidiaries, affiliates, successors and assigns, and each of those acting under its authority (together, “Many Rivers”).
2. SPECIAL NOTICE ON TICKETS. Your purchase of a ticket to an Event is sold to you as non-refundable. That means that unless expressly provided by Many Rivers in writing, your purchase is not eligible for a refund under any circumstances unless such a refund is made available to you in writing by Many Rivers.
3. All Intellectual Property Rights in and to an Event, including without limitation all media in any form, voice, sound, images and trademarks (“Intellectual Property” and/or “Rights in Publicity”) in any manner relating to the Event are the exclusive property of Many Rivers, David Whyte or a third party content provider. Event participants may not record or use for any reason the Intellectual Property or Rights of Publicity publicly displayed at an Event. This prohibition includes without limitation offering for sale, distributing or otherwise making any commercial or private use of the Intellectual Property or Rights of Publicity without the expressed written consent of Many Rivers.
Event Liability and Hold Harmless
4. I specifically acknowledge that in addition to any incidental harm to me arising out of my participation in the Event that I hereby agree to hold harmless Many Rivers, its officers, members, employees, agents from and against any and all loss, damage, liability, or expense, including attorney’s fees, and including but not limited to all claims for damages on account of or by reason of bodily injury and the outcome of same which may be sustained or claimed to be sustained by any person, and all damages to property, caused by or arising out of or claimed to be caused by or to have arisen out of my participation in the Event.
5. By signing this Agreement, you hereby assume and acknowledge all risk, exposure, and liability associated with your participation before, during, or after the Event, including illness caused by exposure to Covid which may lead to new or chronic-enhanced illness or death.
General Terms
6. This Agreement integrates and supersedes all prior and contemporaneous agreements, undertakings, covenants, or conditions, whether oral or written, express or implied, to the extent they modify, contradict, or conflict with the provisions hereof.
7. Any dispute arising under or related to this Agreement shall be governed by the laws of the state of Washington, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in King County, Washington. You agree to submit to the personal jurisdiction and venue of courts located in King County, Washington for any legal proceeding involving the Tour, regardless of who initiated such legal proceeding.
8. Many Rivers may terminate this Agreement without liability as a result of acts of God, government regulation, terrorism, disaster, strikes, civil disorder, unavailability of venue site(s), curtailment of transportation facilities, war, political and/or social boycott, pandemic, outbreak of communicable disease or by any restrictions imposed by any governmental authority, and other factors over which neither party has any control (each a “Force Majeure”) that render it impossible, inadvisable or illegal to begin or complete the Event. In the event of a Force Majeure, Many Rivers in its sole discretion will use commercially reasonable efforts to mitigate the impact of such Force Majeure event. Such mitigation efforts may include, but are not limited to, delaying performance, changing the Event venue, or changing the mode of delivery of the Event, including changing from in-person to virtual or digital format. If no reasonable mitigation measures are available, this Agreement will be null and void and of no effect and there will be no further liability on the part of Many Rivers.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT:
A. I have read the foregoing terms of this Agreement, understand it and sign it voluntarily as my own free act and deed;
B. No oral representations, statements, or inducements, apart from the foregoing written agreement, have been made;
C. I am at least eighteen (18) years of age and fully competent; and
D. I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
