Terms & Conditions (Participants)
Summary
By participating in a Studio 801 music festival (“Melted Metals Eve”, “Rockin’ The Summer”, “Rockin’ October”, “All Metals Eve”, “Rockin’ Winter”, “Red Metals Eve” , “Tiny Concert” or other shows, concerts or festivals) and/or “Music Matters” podcast (subsequently referenced to as “The Event”), you are agreeing to the festival and podcast terms which include:
*Event restrictions (must have valid ID for 21+, drinks and food must be purchased from the venue, no liquids allowed in/out)
*Release of liability (activities such as “mosh pit” activities are at your own risk)
*Likeness release (photos and videos will be taken and you grant use of your likeness, video and recordings)
RELEASE OF LIABILITY
In exchange for participation in the activity of The Event, a concert and festival organized by S&R Digital Marketing Services, LLC (DBA: Studio 801), a Texas Limited liability company, I agree to the following:
AGREEMENT TO FOLLOW DIRECTIONS. I will follow instructions and directions given by the Venue staff (varies by festival) and the event organizer (Studio 801) and their employees, representatives and agents.
ASSUMPTION OF THE RISKS AND RELEASE.I recognize that there are certain inherent risks associated with the above described activity (such as dancing and participating in “mosh pit” activities) and I assume full responsibility for personal injury to myself and (if applicable) my band members or family members, and further release and discharge S&R Digital Marketing Services, LLC (DBA: Studio 801) and “the venue” for injury, loss or damage arising out of my or my band or my family’s use of or presence upon the facilities and equipment of “the venue” and Studio 801, whether caused by the fault of myself, my band, my family, the venue, Studio 801 or other third parties.
INDEMNIFICATION. I agree to indemnify and defend Studio 801 and the venue against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my band or my family’s use of or presence upon the facilities of the venue and the event of Studio 801.
FEES. I agree to pay for all damages to the facilities and equipment of S&R Digital Marketing Services, LLC (DBA: Studio 801) and the venue caused by any negligent, reckless, or willful actions by me or my band or my family.
APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.
ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY PARTICIPATING IN THE EVENT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
LIKENESS RELEASE
By participating in The Event, you grant to S&R Digital Marketing Services, LLC (DBA Studio 801) its agents, employees, licensees, and successors in interest (collectively, the “Released Party”) all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish the video and/or photographed likeness of you at The Event and any pre event promotional materials created for the purposes of marketing The Event, any future event promoted by Studio 801 and for promoting Studio 801 and it’s related events, podcasts and services. Further, you are granting Studio 801 an irrevocable evergreen sync license to use your songs as part of The Event podcast or marketing for the Studio or marketing The Event festivals or future events.
The Likeness may be copyrighted, used and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication.
By participating in The Event , you waive any right that the undersigned may have to inspect or approve the Released Party’s use of the Likeness, or the advertising copy or printed matter that may be used in connection with the use and/or publication of the Likeness. By participating in The Event you agree to release the released party (and all persons) releases the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Likeness (collectively, “Claims”). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Likeness.