LIT GALA ATTENDEE TERMS AND CONDITIONS
Assumption of Risk
I, as an adult at least 18 years of age OR as a parent/legal guardian of this participant (interchangeably used as “I”), understand that my participation in the Lit Gala, which includes dancing and movement, may involve certain elements of risk. Injuries can occur while traveling or participating in such activities. The risk of sustaining such injuries or loss or damage to property can occur without any fault of the participant, Lit Gala, its Partners, its Sponsors, and their respective employees, agents, contractors, or the facility where the Lit Gala is taking place.
I freely accept and assume the risk and the possibility of personal injury, illness, death, property damage or loss, however caused, that I incur as a result of my participation in the Lit Gala.
Release of Liability and Waiver of Claims
In consideration of participating in the Lit Gala, I agree to waive, release, and discharge Lit Gala, its Partners, its Sponsors, facility owners, and their respective directors, officers, employees, agents, contractors, and volunteers from any and all liability for any claims, suits, demands, actions, damages, losses, judgments, and costs (including legal fees) (hereafter referred to in these Terms and Conditions as “Claims”), which I have or may have in the future that might arise out of, or relate to my participation in the Lit Gala, including but not limited to traveling to and/or from the Lit Gala, notwithstanding that the same may have been contributed to or occasioned by the negligence of Lit Gala or any of the persons or entities listed herein.
Indemnity
I agree to indemnify and hold harmless the Lit Gala and the persons and entities listed in the preceding paragraph from any and all damages of any kind as a result of any Claims that might arise out of or relate to my participation in any activities involved in the Lit Gala, including but not limited to traveling to and/or from the Lit Gala, notwithstanding that the same may have been contributed to or occasioned by the negligence of Lit Gala or any of the persons or entities listed herein.
Media Consent and Grant
I hereby consent and grant Lit Gala and its Partners, its Sponsors, contractors, service providers, their directors, officers, employees, faculty, and volunteers the exclusive right to photograph, video, or otherwise capture my image and/or voice at any time in connection with the Lit Gala and to use and to license others to use my name, or the name of the participant, and such recordings, and photographs (the “Recordings”) in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising, and promotion of the Lit Gala and its Partners. I further consent to the use, collection, and disclosure of my personal information in the form of Recordings to be used in connection with the promotion of the Lit Gala.
I further consent and grant Lit Gala the exclusive right to use, reproduce, disclose, archive, and create derivative works of the Recordings in print or electronic form, including without limitation on the internet and on the Lit Gala or Partner’s website or related social media accounts. In addition, I grant and convey to Lit Gala, its Sponsors, and its Partners all right, title, and interest in any and all Recordings, including, but not limited to, royalties, proceeds, or other benefits derived from the Recordings. I also waive any and all rights, including moral rights and privacy rights that I may have in the Recordings.
I acknowledge that the Recordings shall constitute the exclusive property of the Lit Gala and its Partners and that neither the Lit Gala nor its Partners are responsible or liable for the use or misuse of Recordings available on their websites and social media pages by third parties. Given the broad reach of online material, I acknowledge that these Recordings may be accessed or disclosed outside of Canada.
Media Release
I hereby release and discharge Lit Gala, its Partners, its Sponsors, service providers, contractors, and their respective directors, officers, employees, agents, contractors, faculty, volunteers, assignees, and licensees from any and all claims, liabilities, suits, damages, and expenses arising out of, connected with or incidental to the use of the Recordings, including without limitation, with respect to any and all claims based upon invasion of privacy, right of publicity, defamation, infringement of copyright, or violation of any other right.
AGREEMENT
I, AS THE PARTICIPANT BEING 18 YEARS OF AGE OR OLDER, FOR MYSELF, OR, AS THE PARENT/LEGAL GUARDIAN OF THIS PARTICIPANT (INTERCHANGEABLY USED AS “I”), HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND I AM AWARE THAT BY CLICKING “SUBMIT,” I AGREE TO ALL THE TERMS CONTAINED HEREIN AND THAT I AM WAIVING CERTAIN LEGAL RIGHTS AGAINST LIT GALA, ITS PARTNERS, ITS SPONSORS, AND THE PERSONS LISTED ABOVE. I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THE TERMS AND CONDITIONS SET OUT HEREIN. I AGREE THAT THE COURTS OF COMPETENT JURISDICTION IN THE CITY OF TORONTO, IN THE PROVINCE OF ONTARIO, SHALL HAVE EXCLUSIVE JURISDICTION IN ANY CLAIM OR LEGAL PROCEEDING WITH RESPECT TO ANY MATTER RELATED TO THIS AGREEMENT OR PARTICIPATION IN THE LIT GALA, AND THAT THE LAWS OF THE PROVINCE OF ONTARIO SHALL APPLY TO THIS AGREEMENT AND WITH RESPECT TO ANY SUCH CLAIM OR PROCEEDING.