Terms & Conditions

ONDALINDA X CAREYES

WAIVER AND RELEASE

Dated as of November 2021

This Waiver and Release (“Waiver and Release” or this “Agreement”), is entered into by and between the purchaser and/or user of the Event (as defined below) ticket (“Participant”), on the one hand, and Experiencias de la Costa, a Mexican limited liability company, and Ondalinda Productions, LLC, a Delaware limited liability company, on the other hand (collectively “ONDALINDA X CAREYES”).

Participant and ONDALINDA X CAREYES may collectively be referred hereinafter as the “Parties.”

WHEREAS ONDALINDA X CAREYES is the producer and operator of Ondalinda x Careyes 2021, a music, art and wellness festival (the “Event”) that will be held in Costa Careyes in Jalisco, Mexico, on

November 9, 2021 through November 15, 2021;

WHEREAS the Participant wishes to attend the Event;

WHEREAS the Participant agrees to retain full responsibility to be informed of any applicable local legislation and customs, follow the guidelines of the Event, identify and avoid all potential hazards, take reasonable and necessary precautions, carry proper gear, wear proper clothing and remain well hydrated;

WHEREAS the Participant enters into this Agreement as medically, physically, and mentally able to

participate in the Event with respect to the services provided by ONDALINDA X CAREYES, upon the terms and conditions hereinafter set forth; and

WHEREAS the terms set forth below are applicable to all participants of the Event for the duration of their stay and participation at the Event.

THEREFORE, the Parties agree as follows:

I. Throughout this Agreement, ONDALINDA X CAREYES includes Experiencias de la Costa,

Ondalinda Productions, LLC, and each of their affiliates, officers, directors, members, managers, agents, contractors, employees, coaches/instructors, volunteers, vendors and the manufacturers and distributors of the equipment used in any Event.

II. The term “Event” encompasses all activities, programs, events, and services provided,

sponsored or organized by ONDALINDA X CAREYES including but not limited to, social activities, volunteering for ONDALINDA X CAREYES, or consuming any food items provided by ONDALINDA X CAREYES. The participants with food or insect intolerance or allergies are responsible for making sure they are not exposed or ingesting any of the allergens.

III. Term: This Agreement shall be of full force and effect throughout the duration of the 2021

Event (November 9, 2021 through November 15, 2021) (the “Term”) unless otherwise expressed in this Agreement.

IV. Duties of the Participant: During the Term of this Agreement, the Participant shall have the full and complete responsibility to perform the obligations set forth in this Agreement with

ONDALINDA X CAREYES.

V. Expenses of Participant: The Participant shall be responsible for arranging all food, beverage, medical or other personal expenses outside the Event. The Participant shall be fully responsible for all belongings and valuables brought to the Event. The Participant shall be liable for reimbursing ONDALINDA X CAREYES at their demand, for any and all expenses afforded by

ONDALINDA X CAREYES on behalf of the Participant, that falls outside the scope of this Agreement. The terms of this Paragraph V shall survive termination of the Agreement and shall remain binding upon the Parties hereto and in full force and effect following termination of this Agreement.

VI. Medical/Health & Travel Insurance: The Participant is solely responsible to select and purchase

adequate medical/health insurance throughout the course of the Event and any affiliated trip.

The Participant freely accepts and assumes all responsibility to provide him/herself with the

appropriate medical/health insurance coverage. In the event of any accident, injury, illness or

other medical/health problem, ONDALINDA X CAREYES shall not be liable for any costs

associated with such medical/health issues nor shall ONDALINDA X CAREYES pay for any

medical/health expenses, which may be required during the participation in any programs (as a

participant, volunteer or performer); provided that, during the Event, or while visiting Costa

Careyes, it is the responsibility of the Participant to alert ONDALINDA X CAREYES of any

relevant medical conditions. ONDALINDA X CAREYES reserves the right to refuse or deny

the Participant entry to the Event or any Event activity, at ONDALINDA X CAREYES’s sole

discretion, should the Participant appear to be unfit to safely engage in any event or activity as

determined by ONDALINDA X CAREYES representatives. The terms of this paragraph shall

survive the termination of the Agreement and shall remain binding upon the Parties hereto and

in full force and effect following termination of this Agreement. Servicios para la Costa Sur AC

known as Careyes Clinic is an independent organization that has no affiliation with

ONDALINDA X CAREYES or the Event. Anything administered, any procedures operated, or

any medical advice that is given, has no affiliation with ONDALINDA X CAREYES or the

Event. Participant understands and acknowledges that it is their responsibility to consult with a

qualified health authority prior to and regarding their participation in the Event. Participant

represents and warrants that they are adequately fit and of sound ability to take responsibility

for the choice to participate in the Event. Participant understands their own physical limitations

and is sufficiently self-aware to stop physical activity before becoming ill or injured.

VII. Personal Responsibility: ONDALINDA X CAREYES shall not be held liable for intentional or

criminal actions of the Participant. Participant shall indemnify ONDALINDA X CAREYES in

the event any third-party claims are brought against ONDALINDA X CAREYES that arise

from an intentional or criminal act of Participant. By entering the Event, you (i) acknowledge

the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to

or infected by COVID-19 and that such exposure or infection may result in personal injury,

illness, permanent disability, and/or death, (ii) voluntarily agree to assume all of the foregoing

risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or

expenses, of any kind (“Claims”), that you may experience or incur, and (iii) hereby release,

covenant not to sue, discharge, and hold harmless ONDALINDA X CAREYES from Claims of

any kind arising out of or relating thereto.

VIII. Description of Risks: In consideration of participation in any programs, the Participant

acknowledges that he/she is aware of, and freely accepts the inherent risks, dangers and hazards

associated with some physical activities, including the possible risk of severe or fatal injury,

and in extraordinary cases death. These risks include but are not limited to:

- all manner of injuries such as muscular and soft tissue injuries including bruises, scrapes,

cuts, etc. resulting from engaging in strenuous and demanding physical activities, contact

with other participants, volunteers or performers and failure in proper use of equipment

either by the Participant or other participants, or volunteers;

 

- all manner of injuries resulting in sprains, dislocations, concussion, and broken bones, heart

attack/stroke, spinal injury and tendonitis;

- all manner of injuries related to bites or stings from animals or insects including but not

limited to scorpions and snakes;

- all manner of head, facial, eye and/or dental injuries;

- all manner of hearing damage due to excessive exposure to loud music;

- all manner of medical problems resulting from heat exhaustion, dehydration, asthma,

communicable diseases, food poisoning, skin rashes, cramps, chemical poisoning, and lack

of fitness or conditioning;

- all manner of injuries and/or death that could result from a physical confrontation whether

caused by the Participant or someone else;

- all manner of injuries and/or death that may result from collision with other participants on

foot, bikes, motor vehicles and/or shuttles; and

- all manner of injuries that may result from participation in wellness activities including but

not limited to temazcal, water activities, pilates, yoga, sunset ceremonies, circulo de

palabra, mushroom workshop or cacao ceremonies.

Participant acknowledges the following details:

 

- risk of possible injury increases as a Participant becomes fatigued; the property where the

Event will take place is remote and includes rocky, terrain, cliffs, beaches and other bodies

of water, which may contain potentially harmful plants and animals, included but not

limited to snakes, lizards, mosquitoes, scorpions, ticks, crocodiles and poisonous plants.

- all events are on the ocean front and it can be dangerous, especially in Teopa, Playa Rosa,

El Careyes, Careyitos and Playa Las Felicillas/Zyanya in Chamela, where the waters may

not be swimmable. ONDALINDA X CAREYES shall in no way be responsible for any

accident related to this inherent danger. Participant agrees they are taking this risk by

attending the Event.

- all of the scenery, props, and installations that will be displayed during the Event are not to

be climbed on, walked on, or ridden at Participant’s own risk.

 

IX. Waiver, Release and Agreement Not to Sue: Participant, on his/her own behalf, his/her assigns,

executors, guardians and all other legal representatives, hereby releases, discharges, waives and

forever relinquishes ONDALINDA X CAREYES, Experiencias de la Costa, Ondalinda

Productions, LLC, and each of their affiliates (including, without limitation, property owners in

Careyes), and each of their agents, employees, officers, directors, members, managers,

employees and any other person associated with the aforementioned persons and entities

(collectively, the “Released Parties”), from any and all present and future known or unknown

claims, including, without limitation, claims for property damage, personal injury, or death

resulting from, arising out of or in any way connected to Participant’s participation at the Event,

including, but not limited to, claims actually or allegedly arising out of or relating to the

negligence of any of the Released Parties, wherever, whenever, or however the damage, injury,

or death may occur. Participant further agrees that under no circumstance will Participant

 

attempt to present any claims against, prosecute, sue, seek to attach any lien for any purpose

including satisfaction of a judgment or other judicial decree, to the property of the Released

Parties. Participant understands and agrees that the Released Parties are not responsible for any

harm, such as property damage, personal injury, or death, arising out of or in any way related to

Participant’s participation at the Event, including harm caused by the Released Parties’ actual or

alleged negligence. IT IS THEREFORE PARTICIPANT’S INTENTION TO EXEMPT AND

RELIEVE THE RELEASED PARTIES FROM ALL LIABILITY, INCLUDING, BUT NOT

LIMITED TO, LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR

DEATH, INCLUDING, WITHOUT LIMITATION, THAT CAUSED BY THE RELEASED

PARTIES’ ACTUAL OR ALLEGED NEGLIGENCE. PARTICIPANT FURTHER AGREES

TO EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION

1542 WHICH PROVIDES:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR

AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR

HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT

WITH THE DEBTOR.

 

X. In consideration of being permitted to participate in and attend the Event, Participant agrees to

comply with any and all rules, regulations, terms, and conditions of ONDALINDA X

CAREYES and acknowledge and agree to the following:

a. 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, property loss and

severe social and economic losses. These risks may include, but are not limited to, those

caused by: (a) the actions, inactions, or negligence of the organizers of ONDALINDA X

CAREYES and/or other participants in the Event; (b) existing conditions of the premises or

equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e)

weather; (f) physical or mental condition of other participants; (g) the use by Participants

and by ONDALINDA X CAREYES of fire, pyrotechnics, flame effects, explosions, and

other similar activities; (h) vehicular traffic; and (i) participating in the Event during the

COVID-19 pandemic. I further acknowledge and fully understand that there may also be

other risks that are not known or foreseeable at this time by ONDALINDA X CAREYES. I

KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS,

PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY

ATTENDING THE EVENT, AND HEREBY RELEASE, DISCHARGE, AND HOLD

ONDALINDA X CAREYES HARMLESS IN PERPETUITY FROM ANY CLAIM

ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE ORDINARY

NEGLIGENCE OF ONDALINDA X CAREYES, OR NEGLIGENCE OF THIRD

PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY

PARTICIPATION.

b. I understand that during the Event , art installations, stages, vehicles, events, and

performances will be held and/or on display, and I understand that most of these activities

are not owned or operated by ONDALINDA X CAREYES. I HEREBY ASSUME ALL

RISK OF INJURY OR DEATH ARISING FROM THEIR OPERATION AND FROM

PARTICIPATION IN ANY OF THESE ACTIVITIES APPLIES UNDER THIS

AGREEMENT AND ANY INJURY I MIGHT SUSTAIN RELATING TO MY

PARTICIPATION IN ANY OF THESE ACTIVITIES AND I SHALL NOT ATTEMPT

TO HOLD ONDALINDA X CAREYES LIABLE FOR SUCH INJURIES.

 

c. 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 Event, including any programs,

events, art installations, or activities at the Event. I intend that this Agreement shall be

construed broadly to provide a release and waiver to the maximum extent permissible under

California and Mexican law.

d. Intellectual Property: I UNDERSTAND AND ACCEPT THAT I HAVE NO RIGHT TO

ANY USE OF ANY IMAGES OR AUDIO/VISUAL FOOTAGE OF THE EVENT

(“EVENT IMAGERY”) WITHOUT PRIOR WRITTEN CONSENT FROM ONDALINDA

PRODUCTIONS, LLC, OTHER THAN FOR MY PERSONAL, NON-COMMERCIAL

USE (“PERSONAL USE”). I understand that I have no right to sell, transfer, license,

sublicense, or give my Event Imagery to any other party, except for Personal Use, and I

agree to cause any third party to whom I give Event Imagery to also only use for Personal

Use. Without the prior written consent of ONDALINDA PRODUCTIONS, LLC, I

understand that I may not use any (1) Event Imagery, (2) drawings or representations of the

Ondalinda mark and/or symbols, or (3) any copyrights, trademarks, or other intellectual

property owned or licensed by ONDALINDA PRODUCTIONS, LLC. I acknowledge and

agree that I may not use any of the above in any advertisement, promotional materials

(including music videos), or in the title or on the cover of any publication designed for

public dissemination (other than personal blog posts).

e. I hereby assign to ONDALINDA PRODUCTIONS, LLC joint ownership in the copyright

to my Event Imagery solely for the purpose of enabling ONDALINDA PRODUCTIONS,

LLC to enforce the copyright against any party that displays or disseminates any of my

Event Imagery in a manner prohibited by or not so authorized by this Agreement. I hereby

appoint ONDALINDA PRODUCTIONS, LLC as my attorney-in-fact to execute any

documents necessary to effectuate such assignment in intellectual property rights.

ONDALINDA PRODUCTIONS, LLC agrees and acknowledges that it shall not utilize this

joint copyright to enter into any licensing agreements in association with the Event

Imagery. If I post, or allow to be posted, any Event Imagery on a personal website or a

website controlled by a third party, even if permissible as Personal Use; I shall not license

any Event Imagery that contains any nudity or partial nudity (including any imagery in

which bare breasts, bare buttocks, genitals, or genital areas are visible); and (3) if for any

reason whatsoever, at ONDALINDA PRODUCTIONS, LLC’s sole discretion, it is

determined that any such images must be removed, I will promptly remove or cause those

images to be removed. ONDALINDA PRODUCTIONS, LLC, as joint copyright holder,

reserves all rights to revoke any creative commons license that was erroneously placed on

Event Imagery in violation of this Agreement and may cause the removal of such Event

Imagery on any webpage on which it is displayed. I understand that use of the creative

commons’ licenses approved herein does not supersede this Agreement, nor my

responsibility as the photographer or videographer to obtain all necessary permissions from

subjects and artists as appropriate under any applicable law. ONDALINDA

PRODUCTIONS, LLC requires any party interested in making any commercial use of their

documentation of the Event or in distributing footage beyond Personal Use to enter into a

separate written agreement with ONDALINDA PRODUCTIONS, LLC.

f. I acknowledge that “ONDALINDA” and the ONDALINDA logo/symbol are registered

trademarks owned or licensed by VERY ROUGE PRODUCTIONS, LLC, and that VERY

ROUGE PRODUCTIONS LLC and ONDALINDA PRODUCTIONS, LLC have the

exclusive right to license and enforce those trademarks and any other trademarks,

copyrights, or other intellectual property owned by or licensed to VERY ROUGE

 

PRODUCTIONS, LLC, including any likenesses, drawings, and representations of the

ONDALINDA mark and/or symbol (“ONDALINDA IP”). I acknowledge that VERY

ROUGE PRODUCTIONS, LLC is not granting me any rights in any ONDALINDA IP and

that any such grant shall be made by a separate writing signed by both Parties. I agree that I

will not use any ONDALINDA IP on any website (except for Personal Use, as described in

Section X.d. above) or in any other manner, commercial or otherwise, unless the use

constitutes a fair use under United States Copyright law. VERY ROUGE PRODUCTIONS,

LLC only permits the use of ONDALINDA IP, without payment of any license fee, on

materials that are given away at the Event or in connection with ONDALINDA X

CAREYES (“Gift Materials”), under the following conditions: (1) VERY ROUGE

PRODUCTIONS, LLC may, for any reason in its sole discretion, determine that such use is

not in maintaining VERY ROUGE PRODUCTIONS, LLC’s quality control, and if so, all

such materials shall no longer be utilized; and (2) no ungifted Gift Materials may be sold or

transferred in exchange for something of value or distributed in any form such that the Gift

Materials are likely to be sold or transferred in exchange for something of value.

g. I acknowledge that other parties, including but not limited to other participants will be using

film, video, and photographic cameras at the Event, and that my image may be captured on

film, video, or photographs that may subsequently be displayed or disseminated without my

consent or payment of compensation to me, and I hereby release ONDALINDA X

CAREYES from any liability due to such filming, photographing, or dissemination. I

acknowledge that by purchasing a ticket and attending the Event, I am consenting to be

filmed or photographed while participating in any activities or throughout the course of the

Event. I grant my permission to the Released Parties and any transferee or licensee or any

of them, to utilize any photographs, motion pictures, videotapes, recordings and other

references or records of the Event, which may depict, record or refer to me for any purpose

(“Likeness”), including commercial use by the Released Parties and their licensees. This

permission is for use perpetually, worldwide, and in any medium now known or hereafter

devised. I understand and agree that I shall not be compensated or receive additional

consideration for this consent to the use of my Likeness and that I will not be given a

chance to receive, inspect or approve the promotional or marketing material, messages

and/or content that may incorporate or use my Likeness.

h. I understand that some participants at the EVENT may engage in expressive activity and

dress, which may include partial nudity or nudity and other types of expressive activity. I

agree that such expressive activity and dress is neither indecent nor offensive to me, and

that I have decided to attend the EVENT with full knowledge that such expressive activity

and dress may occur. If I am accompanied by minors at the EVENT, I acknowledge that I

am aware, have consented on their behalf, and are aware that the minors may be exposed to

the expressive activities and dress that take place at the EVENT, and that I have exercised

parental responsibility and control in bringing the minors to the EVENT. Should I find that

any activity at the EVENT is offensive to me, or to any minors accompanying me, I

acknowledge that I can avoid such activity by, among other things, leaving the vicinity of

the activity or leaving the Event.

i. I understand that children under 18 years of age cannot attend the Event even if

accompanied by a parent or guardian.

j. I acknowledge that all vehicles, including trucks, trailers, and recreational vehicles, shuttles,

entering the Event are subject to search by gate staff for stowaways, pets, weapons, live

plants, fireworks, handheld lasers, or other dangerous, illegal or prohibited items. Parking is

strictly prohibited at all official ONDALINDA x CAREYES events. Pre-allocated parking

 

 

permits will be required for entry.

k. I agree to read and abide by the terms and all information listed in this Agreement as well

as in the Welcome Package which I will receive at registration.

l. I hereby consent to have emergency medical treatment that may be deemed advisable in the

event of injury, accident, and/or illness during any program, event, or activity at the Event. I

release ONDALINDA X CAREYES and all persons participating in any such medical treatment from all responsibility for any such actions that are required to be taken.

m. I agree that ONDALINDA X CAREYES is not liable for acts of God, the weather, natural disasters, strikes, protests, civil unrest, blackouts, labor disputes, technical failures,

terrorism and criminal acts (including narco-related), disease outbreaks, any epidemic, pandemic (including the COVID-19 pandemic and any travel restrictions as a result imposed by any government impacting the Event), quarantine, failure to obtain government

permits, or actions taken by government agencies and similar causes beyond ONDALINDA

X CAREYES’s control (collectively “Force Majeure”). I understand that any fees paid by

me are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to a Force Majeure.

n. I understand and agree to the following (1) I must bring sunscreen, insect repellent, adequate footwear, prescription medication and first aid supplies to be comfortable during

the Event in a natural tropical environment as ONDALINDA X CAREYES shall not

provide these items; (2) guns, fireworks, rockets, and other explosives are expressly prohibited; (3) handheld lasers of any kind are expressly prohibited; and (4) this is a

LEAVE NO TRACE, pack it IN, pack it OUT event, meaning all waste shall be properly disposed of and all personal items shall be taken at the end of the Event.

o. I understand that commercial vending of any kind, including without limitation the provision of any goods or services delivered to or at the Event for a prepaid fee, is prohibited except as authorized by ONDALINDA X CAREYES and permitted by the

Municipality of Costa Careyes, Mexico.

p. As part of the vehicle pass process, I understand that I must provide current contact information. ONDALINDA X CAREYES retains the right to cancel, rescind or revoke any

vehicle pass at any time for any reason whatsoever at ONDALINDA X CAREYES’s sole discretion. Vehicle passes are revocable licenses that may be revoked by ONDALINDA X

CAREYES for any reason, including without limitation assisting people with unauthorized entry to the Event.

q. Refunds and Cancellation Policy: All sales are final. No refunds or exchanges will be issued for any reason. Fees are nonrefundable. I acknowledge and accept the Refund and

Cancellation Policy as made available on the ONDALINDA X CAREYES website.

r. Any possession of firearms and/or weapons at the Event is strictly prohibited.

s. Any possession, use and/or sale of illegal drugs or any other illegal substances at the Event

is strictly prohibited and punishable by law.

t. Driving under the influence of any alcohol or any narcotic is strictly prohibited and punishable by law. In addition to the waiver provisions above, ONDALINDA X

CAREYES is not responsible for any injury or property damage that results from your violation of this provision.

u. The use of the event ticket for advertising, promotions, contests, sweepstakes, giveaways,

etc. without the express written consent of ONDALINDA X CAREYES is expressly

prohibited.

v. The rights and remedies of Participant in the event of any material breach by

ONDALINDA X CAREYES of this Agreement or any of ONDALINDA X CAREYES’s

obligations hereunder shall be limited to Participant’s right to recover damages, if any, up

to a maximum amount equal to the purchase price of the tickets, in action at law, and

Participant hereby waives any right or remedy in equity, including, without limitation, any

rights granted to ONDALINDA X CAREYES’s hereunder and/or to seek injunctive relief

or other equitable relief with respect to any breach of ONDALINDA X CAREYES’s

obligations hereunder.

w. This Agreement shall be construed in accordance with, and governed by, the laws of the

State of California. Any dispute arising from this Agreement shall be governed by the laws

of the State of California, excluding any choice-of-law principles and the laws of Mexico. I

confirm and agree that the forum for any dispute between me and ONDALINDA X

CAREYES shall be exclusively by and in the Central division of the Los Angeles Superior

Court, located at 111 North Hill Street, Los Angeles, California, 90012, and any argument

that any other forum may be appropriate is hereby forever waived.

I understand that this Waiver and Release may be reasonably amended or modified by ONDALINDA X

CAREYES, in its sole discretion, prior to the Event, and if so, such revised Waiver and Release shall also

govern.

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND

RELEASE OF LIABILITY. I UNDERSTAND THAT BY AGREEING TO THIS WAIVER AND

RELEASE I AM GIVING UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND

VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.