Terms and Conditions.
Terms and Conditions, Waiver, and Release Form (“Terms and Conditions”)
In consideration of being allowed to participate in and attend any Make It Better LLC event (the “Event” or “Better Together” gatherings), I agree to comply with any and all rules, regulations, terms, and conditions of the Better Together, including but not limited to the following:
I grant Make It Better rights to use my email address from this transaction or RVSP to contact me regarding future Make It Better gatherings or events and/or to share Make It Better content. Make It Better may store my email address. Make It Better will not share my email address with any outside company without my prior proactive consent. Make It Better can be contacted with any questions or concerns around data at admin@makeitabetterworld.com.
I certify that I am physically able to participate in the Better Together gathering and in any associated activity at elevations 5,280 to 11,000 feet in the mountains of Colorado, and that I have not been advised otherwise by a qualified medical professional.
I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, risk of illness or disease (including potential exposure to COVID 19 or other deadly viruses), property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of the organizers of the Make It Better LLC, its officers, directors, employees, agents, representatives, volunteers, contractors, licensees and/or any person or company or location formally or informally affiliated with Make It Better LLC (collectively, “MAKE IT BETTER”) and/or participants in Better Together; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; and (f) the condition of participants.
I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING BETTER TOGETHER, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD MAKE IT BETTER AND PROPERTY OWNERS HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF MAKE IT BETTER, Tagert Lakes Property Trust, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue MAKE IT BETTER, its officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, the Better Together location property owners, operators and other participants, sponsors, affiliates (including The Tagert Lakes Property Trust and affiliates), and if applicable, owners and lessors of equipment, (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities and expenses that I may have or that may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in Better Together, including any programs or activities at the location, and including any injury or damage to my person or property, or to that of any other person or property. However, if Make It Better files a claim against me, I may file a counterclaim related to the same facts and circumstances.
I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in the Make It Better gathering Better Together, including in any program, event or activity there. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I acknowledge that MAKE IT BETTER has the right to remove or exclude any person from the BETTER TOGETHER gathering for any reason or no reason at all at its sole discretion.
I acknowledge that people are using film, video, and photographic cameras at BETTER TOGETHER, and that my image may be captured on film, video, or photographs which may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release MAKE IT BETTER from any liability due to such filming, photographing, or dissemination.
I agree that MAKE IT BETTER is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that registration, tickets and vehicle passes are nonrefundable even if the gathering is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond MAKE IT BETTER’s control. All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable.
I acknowledge that MAKE IT BETTER may produce audio or video content of BETTER TOGETHER, which may include my name, likeness, image, voice, appearance and performance as a part of that production ("Product"). I grant MAKE IT BETTER the right to use my name, likeness, image, voice, appearance and performance as embodied in the Product whether recorded on or transferred to video, film, slides, photographs, audiotapes or other media, now known or later developed. This grant includes without limitation the right to edit, mix or duplicate, and to use or re-use the Product in whole or in part as MAKE IT BETTER may elect. MAKE IT BETTER or its designee shall have complete ownership of the Product in which I appear, including copyright interest, and I acknowledge that I have no interest or ownership in the Product or its copyright.
I also grant MAKE IT BETTER and its designees the right to broadcast, exhibit, market, sell and otherwise distribute the Product, either in whole or in parts, and either alone or with other products, for commercial or non-commercial television or theater, closed-circuit exhibition, home video distribution or any other purpose that MAKE IT BETTER in their sole discretion may determine. This grant includes, but is not limited to, the right to use the Product for promoting or publicizing the BETTER TOGETHER. I confirm that I have the right to enter into this Agreement, that I am not restricted by any commitments to other parties, and that MAKE IT BETTER has no financial commitment or obligations to me as a result of this Agreement.
I hereby grant all clearances, copyright and otherwise, for the use of my name, likeness, image, voice, appearance and performance embodied in the Product. I expressly release and indemnify MAKE IT BETTER and its officers, employees, agents and designees from any and all claims known or unknown arising out of or in any way connected with the above granted uses and representations. The rights granted MAKE IT BETTER herein are perpetual and worldwide.
This Agreement shall be governed by and construed in accordance with the laws of the state of COLORADO without regard to the conflicts of laws provisions thereof. Any disputes relating to this Agreement shall be dealt with through arbitration. Arbitration proceedings shall be conducted under the Rules of Commercial Arbitration of the AAA (the "Rules").
MAKE IT BETTER reserves the right, at its sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Event at any time by posting a notice on its website or by email. Your attendance at BETTER TOGETHER following the posting of any changes to these Terms of Use constitutes acceptance of those changes.