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.
Every attendee is required to wear a name badge bearing their name while in attendance at Whose Turn.
2-Day badges are valid from open to close on two specific days of the event. Attendance at the event outside of those permitted days will result in either a $35 additional fee or revocation of the badge without refund (at the discretion of the organizers).
- All refund requests must be made by the end of day 30 days prior to the first day of the event. Absolutely no registration cancellation requests will be honored after that time.
- Refund requests received 30 days or more prior to the event will be issued a refund and credited back to the original credit card or system credit used for purchase, less any administrative fees (i.e. PayPal charges).
- No refund can be granted within 30 days of the event.
- All refund requests must be made by the purchaser via email (see Contact Info below).
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.
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.
If you have any inquiries regarding our Refund, or Cancellation Policies, please contact Rob Reinhardt at 919.414.7712 or email us at firstname.lastname@example.org . 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.