Terms, Conditions & Event Rules
Black Skull Carnival Liability Statement
By purchasing a ticket you agree to release and indemnify Black Skull Entertainment, its officers, licensees, owners, agents, landowners, affiliated companies, and employees (hereinafter `BSE‘) from any and all claims for property damage, injury, or death which I/we may suffer or for which I/we may be liable to others, in any way connected with my attendance. This release and indemnity agreement shall apply to any claim even if caused by negligence.
I/we understand that the Event takes place in some areas that are undeveloped. Areas of the property are only accessible by primitive trails and one may encounter steep drop-offs, wild animals, holes, tripping hazards, sharp obstructions, poisonous flora and fauna and other dangers. I/we value the fact that the Event is staged in a natural environment. This agreement applies to natural risks as well as risks posed by other persons at the Festival. I/we understand that the temperatures can be very warm in the day and very cold at night. I/we understand that the event site has no developed parking lot and, if a vehicle is brought to the Event, BSE will not be responsible for any damages that might be done by other attendees. I/we agree to safeguard any valuables that I/we may bring to the Event by locking them in a vehicle or other secure location and release BSE from any liability for loss or theft of personal property. I/we agree to take care of myself and those around me and to be responsible for any harm that I may cause another. I/we commit to staying hydrated, making healthy choices and looking out for others.
I/we agree that by entering the Event, I/we consent to my/our name and likeness being used, without compensation, in photos, films and videos for use in any and all kinds of media, for eternity and worldwide.
I/we have carefully read and understand this agreement and recognize that this document is an agreement of release and indemnity which will prevent I/we or my/our estate from recovering damages from BSE in the event of death or injury to person or property. I/we understand that one can email “firstname.lastname@example.org” to discuss or negotiate any of the terms of this agreement and ways to gain entry without accepting this agreement, get information about insurance that might be available to me to protect against the risks. If I/we decide to accept this this agreement, I/we do so freely and voluntarily and agree that it is binding on my/our heirs and legal representatives. By purchasing a ticket, I/we agree that this release and indemnity agreement will remain in full force and effect and I will be bound by its terms throughout this Event and all subsequent BSE events.
There will not be any alcohol sold at this event as it is 18+.
ID's will be required at check in for admittance. Any State issued ID will be accepted with picture on the document. We will not allow SS cards or Birth Certificates as they do not show a picture on the document. ID renewals are allowed if picture is visible on the ID and you have a renewal form. This is a private event and Black Skull Entertainment reserves the right to refuse admittance to anyone without return of purchase. Fire will only be allowed in designated areas without exception.All fire performers are to do so under the guidance of the promoter and appointed safety members only. Any questions will be answered in the timeliest fashion.
This Hold Harmless Agreement (this "Agreement") is made effective on August 3, 2019 by and between The Georgia A. Bowman Trust, Blue Mountain Event Center, Blue Mountain Limited LLC, The Georgia A Bowman Family Members, additional Insured, along with its Staff and Volunteers (hereinafter, "Blue Mountain Limited LLC"), of 7250 Mitchell Mill Road, Wilseyville, California 95257 and David Rivera, Black Skull Entertainment (hereinafter, "David Rivera"), of 210 Tamarisk Circle, Suisun City, California 94585. The Georgia A. Bowman Trust, Blue Mountain Event Center, Blue Mountain Limited LLC, The Georgia A Bowman Family Members, additional Insured, along with its Staff and Volunteers and David Rivera, Black Skull Entertainment are sometimes individually referred to as "Party" and collectively referred to as the "Parties."' WHEREAS, David Rivera desires to use Blue Mountain Limited LLC's property located at 7250 Mitchell Mill Road Wilseyville, California 95257 (the "Property") a Halloween art and music event for Black Skull Entertainment; and WHEREAS, in exchange for making the Property available to David Rivera for such purposes, David Rivera desires to hold harmless Blue Mountain Limited LLC from any claims and/or litigation arising out of David Rivera's use of the Property. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, Blue Mountain Limited LLC and David Rivera hereby agree as follows: TERMS 1. Hold Harmless. David Rivera shall fully defend, indemnify, and hold harmless Blue Mountain Limited LLC from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever ( including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of David Rivera, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers . This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to Blue Mountain Limited LLC for all legal fees, expenses, and costs incurred by it. 2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party. 3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 5. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision. 6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. 7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under California law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under California law. 8. Applicable Law. This Agreement shall be governed exclusively by the laws of California, without regard to conflict of law provisions. 9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of California. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue. 10. Signatures. This Agreement was signed on behalf of The Georgia A. Bowman Trust, Blue Mountain Event Center, Blue Mountain Limited LLC, The Georgia A Bowman Family Members, additional Insured, along with its Staff and Volunteers by Steven Bowman, Trustee for the Georgia A. Bowman Trust and Aaron Bowman, Event Center Manager, and on behalf of David Rivera, Black Skull Entertainment by David Rivera, Black Skull Entertainment, and effective as of the date first written above.