Please read the following terms, policies and waiver carefully before continuing with your purchase.
ALL PARTICIPANTS IN Unplugged Gaming, LLC’s “WHOSE TURN IS IT ANYWAY?” (“Whose Turn” or “the Convention”), PUT ON BY VOLUNTEERS (“the Organizers”), AND BEING HELD IN THE RALEIGH-DURHAM AREA OF NC, ARE REQUIRED TO, AND HEREBY DO, ASSUME ALL RISK OF PARTICIPATION IN the Convention BY ACCEPTING THIS TERMS OF SERVICE AGREEMENT (?”AGREEMENT”) AND THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY DESCRIBED BELOW.
COVID WAIVER – Release and Hold Harmless Agreement
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization(1). COVID-19 is reported to be extremely contagious. The state of medical knowledge continues to evolve, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and through the air. People can be infected and show no symptoms and therefore spread the disease. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
Public health authorities across the world have taken measures to protect the populations they serve, and Unplugged Gaming, LLC encourages those attending and participating (“Participants”) to review relevant information for their own and others’ protection. Because Whose Turn Is It Anyway? takes place in North Carolina, Participants are encouraged to apply relevant guidance from the United States Centers for Disease Control(2) and comply with applicable North Carolina governmental directives(3).
1 https://who.int/emergencies/diseases/novel-coronavirus-2019
2 https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html
3 https://www.nc.gov/covid19
Due to the availability of several approved vaccines, the following measures have been implemented to reduce the risk to Participants and to comply with available guidance:
- Participants agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath).
- Any Participant experiencing symptoms of COVID-19 within 14 days of their anticipated arrival date will notify Unplugged Gaming by email at robr@whoseturn.org and withdraw from participation in the event.
- Any Participant experiencing symptoms of COVID-19 will immediately cease participation in any event activities.
- Any Participant who experiences symptoms of COVID-19 during or within 14 days after departing the event will notify Unplugged Gaming, LLC immediately by email at robr@whoseturn.org.
- Participant accepts that these requirements may change at any time based on requirements and recommendations from regulating authorities. Participant agrees to abide by any updated requirements/regulations.
- Refunds will not be available (see exception below)
Vaccination/Testing/Mask Requirements
- Participation requires either Proof of Vaccination (including the first booster) OR Negative PCR COVID Test taken 72 hours or less before the start of the convention. Proof of either must be shown to pick up your badge.
- Masks are not required, but we support and encourage their use.
- Before registering, consider that we will implement a mask mandate if conditions change and warrant it. We cannot offer refunds based on these changes if they happen.
- Refund Exception – If you provide proof of a positive COVID (PCR) test between June 1st and the convention, a refund may be requested. This exception is offered in order to help everyone do their part to keep Whose Turn as safe as possible.
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Despite taking the above precautions, Unplugged Gaming, LLC cannot guarantee that Participants will not become infected with COVID-19.
In exchange for the right to be present at Whose Turn Is It Anyway? in June of 2022, the person signing this agreement (“Participant”) hereby agrees to the following:
Participant waives (for himself or herself and for his or her executors, administrators, assignees and heirs) any and all rights and claims for damages, losses, demands and any other actions whatsoever, which he or she may have or which may arise against the Whose Turn Is It Anyway?, Unplugged Gaming, LLC, Rob Reinhardt and their heirs, successors, employees, directors, officers, associates, volunteers and agents (“Released Parties”), including but not limited to claims for any and all injuries, damages or illnesses suffered by Participant and/or Participant’s property, which may in any way whatsoever arise out of, be related to, or be connected with the Participant’s presence at Whose Turn Is It Anyway?, including but not limited to claims arising out of physical illness or death resulting from any exposure to the coronavirus. Participant specifically acknowledges the risk of such exposure, whether it be from other participants at the event, any others at the facility unrelated to the the event or otherwise. This release and hold harmless shall apply regardless of the cause or basis of the claim, including the negligence or gross negligence of any of the Released Parties.
Participant further agrees to indemnify and reimburse the Released Parties from any and all costs of court and other costs or expenses incurred by any Released Parties in connection with any such claim, demand or lawsuit, including all attorneys’ fees and litigation costs, expert fees, deposition fees, filing fees, etc., in defending any such claim brought by Participant and/or in enforcing this Agreement.
Participant furthermore hereby acknowledges and agrees that he or she has read, understands and will at all times abide by this Agreement.
BADGES
Every attendee is required to wear a name badge bearing their name while in attendance at Whose Turn.
REFUNDS
- No refunds will be available for this event (See exception above)
- Event organizers may consider the transfer of a registration from one person to another. This is solely at the discretion of Unplugged Gaming, LLC and any purchase/monetary exchange/consideration for that transfer will be the responsibility of the originally registered attendee.
WAIVER/ASSUMPTION OF RISK/RELEASE OF LIABILITY
You agree to assume all risks of participating in the Convention and release Unplugged Gaming, LLC and the Organizers from any liability for loss, damage or injury (including disability or death) to your person and property while attending, participating in or becoming involved with the Convention. You specifically make the following representations and assurances to the Unplugged Gaming, LLC and the Organizers, acknowledging that Unplugged Gaming, LLC, and the Organizers would not permit your participation in the Convention without receiving such representations and assurances:
I wish to participate in the Convention subject to the terms and conditions herein. Unplugged Gaming, LLC and the Organizers will use good faith efforts to conduct and manage the Convention, but I understand that it is not possible to make the Convention completely safe. I warrant and represent that I am sufficiently knowledgeable, skilled and/or informed regarding the Convention to properly and fully judge the inherent risks of the Convention.
ASSUMPTION OF RISK. I acknowledge and agree that the Convention involves potential risks. I represent that I have no medical reason or impairment that might otherwise prevent me from participating in the Convention. If I know or should know of any condition or problem that might prevent me from safely participating in the Convention, I agree that I will immediately advise the Organizers and remove myself from the Convention.
In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby assume full responsibility for my own safety and accept all known and unanticipated risks of loss, damage and injury (including death or disability) to myself and my property while attending, participating in or becoming involved with the Convention, regardless of whether or not such risks are attributable to the negligence of others. By assuming and accepting all known and unanticipated risks, I completely absolve, waive, discharge and release Unplugged Gaming, LLC, the Organizers and all of their employees, advisors, consultants, members, contractors, organizers, operators, volunteers, sponsors or other persons affiliated with the Convention and all facility staff, guests, fellow participants, landlords, owners, management companies and the like (collectively the “Indemnified Parties”) from any legal duty for my safety or any liability for my harm, to the maximum extent permitted by law.
RELEASE OF LIABILITY. In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby agree to release, waive, discharge, hold harmless, defend and indemnify the Indemnified Parties from and against any and all liability, claims, demands, controversy, lawsuits or possible causes of action (“Claims”) that may accrue or arise from any loss, damage or injury (including death or disability) to my person and property that is in any way related to or arising in connection with my attendance at, participation in or involvement with the Convention, regardless of whether or not such Claims are attributable in whole or in part to any act, omission or negligence of the Indemnified Parties. I agree that the Indemnified Parties will not be legally responsible for any loss, damage and injury (including death or disability) to my person and property arising out of or in any way connected to the Convention, however caused and on any theory of liability whatsoever (whether in contract, tort, negligence, strict liability or otherwise), including but not limited to the Indemnified Parties own negligence. Such defense and indemnification shall include all reasonable costs, expenses and attorneys fees that may be associated with any Claims. I further agree that I will not cause, encourage, promulgate, support or cooperate with (unless such cooperation is judicially mandated) any Claims to be brought against the Indemnified Parties.
I understand that the above release and assumption of risk is intended to provide a comprehensive release of liability but is not intended to assert any defenses that are prohibited by law. The release and assumption of risk shall be enforceable to the fullest extent allowed by law. If any portion of the release and assumption of risk is held invalid, those parts that are not held invalid shall continue in full force and effect. The terms of the above release and assumption of risk shall apply to and be binding on myself, my spouse, my heirs, all members of my family, executors, administrators, representatives, and assigns.
GENERAL PROVISIONS
I understand this Agreement is a binding contract that supersedes any other agreements or representations and is intended to provide a comprehensive release of liability but is not intended to assert any defenses which are prohibited by law. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction the State of North Carolina any actions, suits or proceedings arising out of or relating to this Agreement and irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement. The parties hereby irrevocably waive all rights to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or otherwise relating to this Agreement.
EXPLOITATION OF NAME AND LIKENESS
In consideration of being allowed to participate in this Convention, I hereby agree that Unplugged Gaming, LLC may photograph and/or record my likeness and/or voice and my participation in the Convention and without any additional consideration, I hereby agree that Unplugged Gaming, LLC and their assigns and/or licensees may distribute, exhibit, broadcast, exploit, advertise, publicize and promote my name, biographical material, likeness, voice and performance in and in connection with the Convention. I further agree that Unplugged Gaming, LLC may edit my appearance therein and I waive any personal or proprietary rights with respect thereto. I represent and warrant to Unplugged Gaming, LLC that I have not made any contract or commitment in conflict with this grant of rights to the Unplugged Gaming, LLC. Nothing herein shall obligate Unplugged Gaming, LLC to make or cause to be made any broadcast or other use of said appearance, or to exercise any of the rights granted to Unplugged Gaming, LLC.
ETHICS, CONDUCT AND NO HARASSMENT
I understand that Unplugged Gaming, LLC and the Organizers are dedicated to providing a safe, enjoyable, and harassment-free Convention experience for all participants and workers, regardless of their gender, sexual orientation, disability, physical appearance, body size, race, religion, or affiliation, and I hereby acknowledge that disruptive behavior, inappropriate and unlawful conduct, and harassment in any form will not be tolerated. I agree to conduct myself, and any minors under my supervision, in a safe, responsible, non-disruptive, and lawful manner while attending the Convention, and understand that violation of Convention policies as determined by the Organizers at their sole discretion, may result in my expulsion from the Convention without refund.
CONTACT INFO
If you have any inquiries regarding our Refund, or Cancellation Policies, please contact Rob Reinhardt at 919.414.7712 or email us at o.icarus.o@gmail.com . During the convention, all inquiries can be made directly to Rob Reinhardt or one of the organizers.
I HAVE CAREFULLY READ THIS TERMS OF SERVICE AGREEMENT, FULLY UNDERSTAND ITS CONTENTS AND HEREBY ACCEPT AND AGREE TO IT VOLUNTARILY OF MY OWN FREE WILL. I AFFIRM THAT EITHER I AM OVER 18 YEARS OF AGE AND HAVE FULL RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS TERMS OF SERVICE AGREEMENT AND TO MAKE THE RELEASE AND ASSUMPTION OF RISK DESCRIBED HEREIN, OR THAT MY PARENT OR LEGAL GUARDIAN HAS READ AND SIGNED THIS TERMS OF SERVICE AGREEMENT. I FURTHER AGREE THAT COMPLETING MY REGISTRATION ON THE WHOSETURN.ORG WEB SITE INDICATES MY SIGNATURE AND AGREEMENT TO THE TERMS.
IF PARTICIPANT IS UNDER 18 YEARS OF AGE, PARENT OR LEGAL GUARDIAN MUST ALSO SIGN
The undersigned hereby represents that he/she is in fact the parent or legal guardian of the participant, that he/she has the right, authority and capacity to sign this Terms of Service Agreement and to make the release and assumption of risk described herein for and on behalf of the participant, that he/she has carefully read this Terms of Service Agreement and understood its contents, and that he/she is hereby accepting and agreeing to it voluntarily of his/her own free will.