CLUB MOMME EVENT POLICIES AND GUIDELINES
These Event Policies and Guidelines govern your (“your”, “you”, “Participant”, or “Participants”) attendance and participation in any and all Club Momme Event (“Event” or “Events”), which are owned and operated by Mom.me and Whalerock Digital Media dba Whalerock Industries (“Company”). If you do not agree with these Policies and Guidelines, then do not attend or participate in the Event.
1. ATTENDING THE EVENT:
a. EVENT SIGN-UP: Club Momme uses a ticketing system for all Events. The Events are filled on a first-come, first-served basis. Tickets are available for purchase on www.clubmomme.com. We currently use a third-party ticketing system, Flavorus, for all online ticket purchasing. You agree to comply with all applicable third party terms of agreement when using such third party sites. There may be additional terms and conditions that apply to your use of such third party sites. All such additional terms and conditions shall be a part of these Policies and Guidelines and are incorporated by reference herein and you agree to be bound by such additional provisions. In the event of a conflict between these Policies and Guidelines and any additional terms and conditions applicable to such third party sites, such additional terms and conditions with respect to their services shall control. Tickets may also be purchased directly at the Event with a check or credit card only.
b. CANCELLATION POLICY: Payments for the Event are non-refundable. Company reserves the right, in its sole discretion, to provide refunds, discounts or credits to Participant on one or more instances without obligation to do so in the future only after a reasonable and timely notice by Participant.
c. GIFT BAGS AND GIVEAWAYS: In the case the Event provides any gift bags for Participants, then Participant is only allowed one gift bag per each purchased ticket. In the case the Event features any product and/or services giveaways, then Participant is only allowed on entry per purchased ticket for such giveaway.
d. REVOCABLE ACCESS: Company reserves the right at any time, in their sole and absolute discretion, to revoke your access to any of the events should Participant conduct is deemed to be disorderly and/or Participant fails to comply with these Policies and Guidelines, Company’s terms and conditions, and/or any security policies.
e. CONSENT TO SEARCH: Participant and Participant’s belongings may be searched upon entry into any event and/or any other security checkpoints, and prohibited items may be confiscated. Participant must comply with all security policies including, without limitation, any applicable bag policy. By attending the events, Participant consents to such searches. If Participant elects not to consent to these searches or comply with these security policies, Participant will be denied entry.
f. EVENT DETAILS SUBJECT TO CHANGE: THE DATE AND TIME OF THIS EVENT ARE ALL SUBJECT TO CHANGE BY COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION OR AS A RESULT OF EVENTS BEYOND COMPANY’S CONTROL. NO REFUND OR OTHER REMEDY WILL BE PROVIDED IF PARTICIPANT CANNOT ATTEND. IF THE EVENT IS CANCELLED AND NOT RESCHEDULED, PARTICIPANT WILL NOT BE ENTITLED TO CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES OF ANY KIND.
2. GRANT OF RIGHTS:
a. These Policies and Guidelines allow the Company the right during the Event to take motion pictures, still photographs, and sound recordings (including, but not limited to, the performance of any musical compositions and/or dancing) embodying participant’s image, voice, name, likeness, and/or any other identifying features and/or characteristics (collectively, “Likeness”), which footage is reasonably related to the Event, and/or individuals which are the subject of the footage [e.g., so-called “making of”, “behind the scenes”, and/or “bonus” type footage] (the “Footage”). Company and its designees shall have the perpetual right (without liability to any person or entity) and Company and its designees may grant to others the right (without liability to any person or entity), to reproduce, print, publish, or disseminate in any medium participants’ Likeness and biographical material in conjunction with the use or exploitation of the Footage, and in general goodwill advertising. Participant hereby waives any rights to privacy or publicity, whether granted by statute or common law, that participant may have in connection with the Footage. Participant understands and agrees that participant will have no right of review or approval in connection with the Footage and that the rights granted above include, without limitation, the right to alter or edit any or all of the Footage in any manner.
b. Participant hereby acknowledges that participant has no interest of any kind or nature whatsoever in the Footage or any of them, and participant agrees that Company shall have all rights therein. Without limiting the foregoing, participant warrants, represents, covenants, and agrees that, throughout the universe, Company shall be deemed the sole, exclusive, and perpetual owner of all Footage and that, from the inception of their creation, the Footage will be considered "works made for hire" (as defined by United States copyright law) for Company; if any Footage are determined not to be "works made for hire," they will be deemed and hereby are assigned and transferred to Company under these Policies and Guidelines, together with all rights and title therein and thereto. Accordingly, Company and its designees shall have all rights in and to such Footage including, without limitation, the unrestricted right, throughout the universe and in perpetuity to develop, edit, change, produce, publicize, promote, advertise, and/or otherwise exploit the Footage as Company determines in its sole and absolute discretion in any and all forms of media whether now known or hereinafter devised, together with the right to display and use, and to authorize others to display and use, the Footage for advertising, publicizing, promotion, or otherwise exploiting same, in whole or in part, or any of Company’s rights hereunder. Participant hereby irrevocably and unconditionally waives any and all moral and like rights that participant might have in the Footage or in the performances embodied therein and participant hereby irrevocably agrees not to make any claim against Company or any party authorized by Company to exploit the Footage based on such moral or like rights. Participant will execute and deliver to Company any instruments of transfer and other documents regarding the rights of Company or its designees in the Footage as Company may reasonably request to carry out the purposes of these Policies and Guidelines, and in the event participant fails to sign such documents within five (5) days (or less, if needed and stated in the request) after participant’s receipt of Company’s written request therefor, Company may sign such documents in participant’s name (and participant hereby appoints Company participant’s agent and attorney-in-fact for such purposes) and make appropriate disposition of them consistent with these Policies and Guidelines.
c. Furthermore, Participant does hereby consent to the use by the Company of the Footage and/or Likeness of the minor child under the age of 18 in attendance with such Participant, regardless of whether these materials are used for fundraising, advertising, publicity, or any other purpose on behalf of the Company. Participant warrants that they are the parent or legal guardian of the minor in attendance with them and have the full right and authority to grant this consent on behalf of such minors. In addition, Participant waives all claims to compensation or damages based on the use of such minor’s Likeness and/or Footage by the Company. Participant also waives any right to inspect or approve any of the Footage whatsoever. Participant understands that this consent is perpetual, that it may not be revoked, and that it is binding on the minor, their heirs and assigns. Participant warrants that they are at least 18 years of age and that Participant is competent in their own name insofar as this consent is concerned. Participant further attests that they have read this consent form and fully understand its contents.
3. ASSUMPTION OF RISK: Participant acknowledges and agrees that the Event may involve participant participating in activities that are inherently dangerous including, without limitation, workout and fitness classes (collectively, the “Activities”). Having been apprised of these risks, participant is voluntarily choosing to participate in the Event and the Activities. Participant hereby assumes all inherent and other risks and accepts full responsibility for any and all property damage and loss that participant may suffer including, without limitation, any and all personal injury, illness, disability, emotional distress, and/or death. Participant represents and warrants that participant is in excellent physical, emotional, and psychological health and is capable of engaging in the Activities; (ii) participant will not be under the influence of alcohol, nor will participant be under the influence of any drugs that might impair participant’s ability to safely participate in the Activities; and (iii) any and all equipment provided provided and/or used by participant (including, without limitation, any and al safety equipment) has been inspected and is in good working order. In case of an emergency, Company and/or Company’s contractor may arrange for or otherwise provide medical assistance to participant as Company may determine to be necessary. Participant acknowledges and agrees that in the event participant needs medical attention and medical procedures are offered to participant in connection with participant’s participation in the Event, that those procedures may involve risks of complications, injury, or even death, that no warranty or guarantee has been made as to the result of any such procedures, and participant fully assumes all risks with respect thereto (including, without limitation, any and all costs associated with receiving such medical attention). Company cannot ensure participant’s safety or eliminate any of the risks associated with the Activities. Participant understands the risks of participating in the Activities, and acknowledges that while conduct that gives rise to such situations might otherwise constitute an actionable tort or give rise to other claims or causes of action, participant has freely consented to such conduct and has assumed the risks thereof. Participants also understand that Company has not made any representations or warranties of any kind (express or implied) regarding participant’s qualifications, ability, or fitness to participate in the Event and/or Activities, or regarding others’ qualifications, abilities, or fitness to participate in the Event and/or Activities, and that the waivers, releases, and indemnities contained in these Policies and Guidelines and any other agreements that participant has executed or may execute in the future related to the Event and/or Company expressly applies to participant’s participation in or presence around any such Activities or persons. Participant understands that Company, directly or through others, may provide various services and equipment in connection with the Event. Participant acknowledges that no one has made any warranties whatsoever with respect to any such equipment and services, and that there are no warranties of any kind from anyone regarding fitness or suitability for use of any such equipment and services for any purpose in connection with the Event. Participant waives any right that participant otherwise might have to warnings or instructions regarding any aspect of the Event or any equipment or services utilized in connection with the Event. Participants also understands that the use of any such equipment and services involves risk, participant agrees that participant shall use any such equipment and services at participant’s own risk, and participant acknowledges that the waivers, releases, and indemnities contained in these Policies and Guidelines and any other agreements that participant has executed or may execute in connection with the Event, expressly applies to participant’s use of any such equipment and services.
4. RELEASE, AGREEMENT NOT TO SUE, AND INDEMNITY:
a. The term “Released Parties” shall mean and refer to: (i) Company; (ii) and (ii) the respective parents, subsidiaries, affiliates, licensees, successors, and assigns of each of the foregoing, and each of their respective directors, officers, employees, agents, contractors, partners, shareholders, attorneys, representatives, and members.
b. The term “Releasing Parties” shall mean and refer to participants, minors attending with such participant, participants’ heirs, next of kin, family, relatives, spouse, parents, guardians, legal representatives, executors, conservators, administrators, successors, trustees, licensees, and assigns.
c. To the maximum extent permitted by law, Participant and the other releasing parties irrevocably release each of the released parties from any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including, without limitation, attorneys’ fees and costs) arising out of, resulting from, or by reason of Participant’s participation in or in connection with the Event including, without limitation, the activities, the prizing, any exploitation of the Event and/or Footage, Participant’s appearance in the Event and/or Footage, the exercise by the released parties or anyone else of any rights granted by Participant under these Policies and Guidelines, or any taxes or other obligations that Participant may incur as a result of Participant’s participation in the Event, or any legal or equitable theory whatsoever (including, without limitation, negligence, rights of privacy and publicity, defamation, false light, infliction of emotional distress, breach of contract, and copyright infringement) (collectively, the “Released Claims”). The Released Claims specifically include, without limitation, any and all complaints to and proceedings before any regulatory body, any claims, actions, damages, liabilities, losses, costs, and expenses of any kind resulting from the actions of another participant or any other third party at any time, or from any defect in or failure of equipment, warnings or instructions, or Participant’s application or preparation for, participation or appearance in or elimination from the Event, or activities associated with the Event, whether occurring before, during, or after Participant’s actual participation in the Event, and whether or not caused by or arising out of the negligence or intentional conduct of any of the Released Parties. To the maximum extent permitted by law, Participant and the other Releasing Parties also agree not to sue or institute any other legal proceedings against any of the Released Parties based on any of the Released Claims hereunder.
d. In addition, to the maximum extent permitted by law, Participant and the other Releasing Parties agree to defend, indemnify, and hold free and harmless each of the Released Parties from and against any and all liabilities, claims, actions, damages, expenses, losses, and costs of any kind (including, without limitation, attorneys’ fees and costs) caused by or arising out of Participant’s participation in or in connection with the Event including, without limitation, any one or more of the following: (i) any statement made or action taken by Participant during or in connection with Participant’s participation in the Event; (ii) Participant’s violation of any applicable foreign, federal, state, and local laws and regulations including, without limitation, any and all safety and health rules and regulations; (iii) Participant’s breach of alleged breach of these Policies and Guidelines or any other agreements related to the Event; (iv) any injury or harm sustained by an individual as a result of the Activities and/or Event; and (v) The Released Parties’ use of any of the rights granted herein or otherwise granted by Participant in connection with the Event.