Bernoulli | Locke

True Fan Experience Participation Agreement

This is an agreement (“Event Experience Participation Agreement”) between you and Bernoulli Locke, LLC (“B|L”, “we”, “our” and “us”).  You have confirmed your agreement to these terms when you have completed a purchase of the experience on our website.

1. THE EXPERIENCE

We are organizing the following events (the “Experiences”) for the benefit of SailGP Fans (“PARTICIPANTS”).  You have selected the Experience(s) you would like to participate in by adding them to your shopping cart and by checking out.

The Experience is described in the product descriptions on the website.

Your participation in the Experience is subject to this Agreement as well as the SailGP Event Access Terms and Conditions which can be found here: http://bit.ly/3JKpf5C

2. YOUR EXPERIENCE REGISTRATION

    After your purchase and before the event dates, you will be contacted so that we may get the names and pertinent information for you and your guests.  Failure to supply this information could result in a forfeiture of your experience.  We will make all reasonable efforts to contact you via email and / or any other means we may have. 

    Your place as a participant in the Experience, and the places of your Guests and Children if applicable, are personal to you and them, and cannot be transferred.

    3. PAYMENT OF EXPERIENCE FEES

    Your registration for the Experience for you, and your Guests and Children if applicable, will not be completed and your and their places as participants in the Experience will not be reserved, until we have received full payment of all applicable Experience Fees.

    Registration for the Experience is final. You cannot modify, withdraw or cancel without our prior written consent. If you need to cancel your registration, please contact us at hello@truefanexperiences.com. We will consider the reasons and circumstances of any such request, but cancellation and refund of your Experience Fees will be at our sole and absolute discretion, and no more than 50% of your Experience Fees will be refunded under any circumstances.

     4. ADDITIONAL INFORMATION AND DOCUMENTATION

    You will provide us with any additional information we request in connection with your participation in the Experience. You will provide us with any information we request about the Guests or Children you are registering for the Experience.

    You will sign and deliver to us any documentation we request in connection with your participation in the Experience, including without limitation: the Bernoulli | Locke Guest Rules and a Bernoulli | Locke Guest Experience Participation Agreement signed by your Guest, if applicable; and any agreements, waivers and documents required by third party providers or producers of the Experiences, signed by you and if applicable your Guests.

    5. RESPONSIBILITY FOR GUESTS AND CHILDREN

    You will ensure that your Guests comply with all of the applicable terms and conditions contained in the applicable documents described in Section 4 above, as well as all applicable laws and governmental regulations.

    You will ensure that you and your guests do not bring any outside alcohol, drugs or food to any of the experiences that are being provided.

    You will ensure that your Children comply with all of the terms and conditions of this Experience Participation Agreement applicable to Children. Any Children you bring to this Experience are your responsibility at all times. You will ensure that your Children age 12 years and under are not left unattended at any time during the Experience, except during activities where in our sole and absolute discretion we expressly permit unattended Children. You will also ensure that your Children behave at all times during the Experience with reasonable decorum and in a manner that is not disruptive and does not interfere with the enjoyment of others participating in the Experience.

    6. PUBLICITY

    We may ask you, your Guests and your Children to tell us what you think of the Experience. We may film, video or photograph the Experience and activities included in the Experience for use in advertising, promotions, public relations and other commercial or business purposes. However, if you or your Guests or Children take part in these interviews or appear in these recordings or photographs, we will not use or publish your or their names, images or other personal information without your or their prior written consent.

    7. PARTICIPATING IN THE EXPERIENCE

    (A)  IDENTIFICATION. While participating in the Experience, you will carry with you at all times your photo ID. Without your photo ID and, if applicable, other identifying device, you may be denied entry to and participation in activities included in the Experience. You will not allow any person other than yourself to use your photo ID or other identifying device. Please notify us immediately if your other identifying device is lost or stolen.
    (B) AUDIO/VIDEO SOUND. During the Experience you will play the live and recorded sound of movies, videos, songs, readings and all other audio presentations only through your headphones, and in a manner that is not audible to any other Guests or Children who are present. Also, during the Experience, you will not participate in telephone conversations in a manner that is disruptive or interferes with the enjoyment of others participating in the Experience.
    (C) HEALTH AND SAFETY; ACCIDENTS AND INJURIES. Your health and safety are important to B|L. By participating in the Experience, you represent that you and if applicable your Guests and Children are in good health, and that you and they have no physical condition that would prevent you or them from taking part in or enduring the exertions of the Experience or present a hazard to yourself, themselves or others.
    THE EXPERIENCE INVOLVES ELEMENTS OF RISK, INCLUDING WITHOUT LIMITATION RISK OF PERSONAL INJURY OR DEATH, OR RISK OF DAMAGE TO OR LOSS OF DESTRUCTION OF PERSONAL PROPERTY.  YOU AND YOUR GUESTS AND CHILDREN ASSUME SUCH RISKS BY PARTICIPATING IN THE EXPERIENCE, AND YOU AND YOUR GUESTS AND CHILDREN WILL TAKE ALL REASONABLE PRECAUTIONS TO AVOID ACCIDENTS AND INJURIES,
    The Experience is being produced with consideration given to health concerns arising from the COVID-19 health pandemic. You and your Guests and Children and all B|L Experience staff may be required to wear face masks, practice strict social distancing and/or follow other measures. Temperature checks, testing for COVID-19 and/or other tests may be conducted at daily check-in for the Experience. Any participant with a temperature above 100 degrees Fahrenheit, testing positive for COVID-19 or not meeting other health and safety requirements that we establish in our sole and absolute discretion may be required to leave the Experience. In such event, we will refund a pro rata portion of the Experience Fees paid by you for the Experience.
    You will comply with all health and safety measures that may be required by governmental authorities, third party providers or producers of the Experience and/or venues and locations where the Experience takes place. 
    If a participant in the Experience falls ill, has an accident or suffers any injury, or for any other reason may require medical attention at, or in the vicinity of, the Experience, please report this as soon as possible to a member of staff and in any event within 24 hours after the incident. As well as wanting to check on a participant’s well-being, this information is needed to help B|L comply with health and safety requirements and for insurance purposes. 
    (D) ILLEGAL DRUGS/SUBSTANCES/ITEMS. You and your Guests and Children will not (A) purchase, use, ingest, possess, sell or otherwise distribute illegal drugs or other illegal substances while attending the Experience, or ask any B|L staff member to do any of the same, or (B) purchase, sell, use or possession any illegal or offensive object or device while attending the Experience. Depending on the circumstances, we may in our sole and absolute discretion, notify the police or other authorities of any such occurrence.
    (E) FIREARMS AND OTHER WEAPONS. You, your Guests and Children will not bring any firearms or other weapons to the Experience.
     
    (F) SMOKING POLICY. You and your Guests and Children will refrain from smoking (including cigarettes, e-cigarettes and vapes) at any planned or organized component of the Experience. In addition, you and your Guests will comply with all applicable no-smoking governmental laws, rules and regulations, and also with the no-smoking policy then in effect at any venue or hotel that is included in the Experience.
      (G) ANIMALS. You, your Guests and your Children will not bring animals to the Experience, except (i) you, your Guests and your Children may bring pets specifically included in the written description of the Experience, and (ii) you, your Guests and your Children may bring legally recognized and certified assistance animals that belong to you, your Guests or your Children.
      (H) OTHER CONDITIONS. In addition to complying with the foregoing requirements for participating in the Experience, (i) if applicable your Guests will comply with the provisions of the Guest Experience Participation Agreement, and (ii) you and if applicable your Guests will comply with the provisions of any agreements, waivers and other documents required by third party providers or producers of the Experience.

       

      8. EXPULSION FROM EXPERIENCES

      If, during the Experience, we determine in our sole and absolute discretion that you, or any of your Guests or Children is engaging or has engaged in any conduct or is committing or has committed any action that violates any of the provisions of Section 7 above, then we will have the right, in our sole and absolute discretion, to immediately and without notice expel you, your Guests and your Children from the Experience, and either temporarily or permanently for the remaining duration of the Experience.

       9. CANCELLATION OF EXPERIENCE

      All or a portion of the Experience may be cancelled for any reason, including without limitation force majeure, a decision by a third-party provider or producer, or a decision by us for any reason or no reason in our sole and absolute discretion.

      10. LIMITATIONS OF LIABILITY OF B|L

      FOR PURPOSES OF THESE LIMITATIONS OF LIABILITY PROVISIONS, “B|L”, “WE”, “OUR” AND “US” REFER TO BERNOULLI LOCKE, LLC, ITS PARENT, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.

       YOU TAKE FULL RESPONSIBILITY FOR YOUR OWN AND YOUR GUESTS’ AND CHILDREN’S ACTIONS, SAFETY AND WELFARE AND FOR YOUR AND THEIR PERSONAL PROPERTY WHILE PARTICIPATING IN THE EXPERIENCE, AND YOU AND YOUR GUESTS AND CHILDREN ASSUME ALL RISK OF PARICIPATING IN THE EXPERIENCE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, SUCCESSORS, REPRESENTATIVES AND ASSIGNS, RELEASE AND DISCHARGE US FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM YOUR AND YOUR GUESTS’ AND CHILDREN’S PARTICIPATION IN THE EXPERIENCE.

      B|L DOES NOT OWN OR OPERATE ANY ENTITY THAT PROVIDES OR PRODUCES THE EXPERIENCE; ALL PERSONS AND ENTITIES THAT PROVIDE AND PRODUCE THE EXPERIENCE ARE INDEPENDENT CONTRACTORS. THEREFORE, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OR TO THE EXTENT ARISING DIRECTLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE MAXIMUM AMOUNT OF OUR LIABILITY TO YOU OR ANY OF YOUR HEIRS, SUCCESSORS, REPRESENTATIVES OR ASSIGNS FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH YOUR AND YOUR GUESTS’ AND CHILDREN’S PARTICIPATION IN THE EXPERIENCE, WILL NOT EXCEED THE SUM OF YOUR EXPERIENCE FEES PAID TO US FOR YOUR AND YOUR GUESTS’ AND CHILDREN’S PARTICIPATION IN THE EXPERIENCE.

      EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY AND ANY BASIS FOR DAMAGES.

      THESE LIMITATIONS OF LIABILITY WILL SURVIVE CANCELLATION OF YOUR EXPERIENCE AND TERMINATION OF THIS AGREEMENT.

      LAWS REGARDING LIMITATIONS OF LIABILITY VARY FROM STATE TO STATE; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

      11. GOVERNING LAW AND JURISDICTION

      This Experience Participation Agreement will be governed by and construed in accordance with the laws of the State of New York. You agree that the sole venue and jurisdiction for disputes arising under this Experience Participation Agreement will be in the appropriate state or federal court located in the State of New York, and you agree to submit to the exclusive jurisdiction of such courts.