Plants enChant Terms and Conditions, Waiver and Release (“Terms and Conditions”)
In consideration of being allowed to participate in and attend the 2022 Plants enChant Gathering (the “Gathering”), which is scheduled to take place at the Old Growth Canyon, near Salem, OR, and is organized by Singing Alive LLC (“Plants enChant”), I agree to comply with any and all rules, regulations, terms, and conditions of the Gathering, including but not limited to the following:
1. Acknowledgment of Risks and Dangers. I understand and acknowledge that (a) activities at the Gathering have inherent dangers that no amount of care, caution, instruction or expertise can eliminate; (b) there are elements of the land including ponds, creeks, and trees that may be dangerous; (c) the use and enjoyment of the Property and the activities of the Gathering requires exertion and skill levels that can range from moderate to very high, depending upon how I decide to use and enjoy the Gathering and the Property; (d) the Property is located in a somewhat remote, rural to semi-wilderness area and that speedy medical attention may not be available; (e) due to the remote, natural setting of the Property, nighttime lighting is at a minimum, and that therefore there is a risk of slips, falls, and collisions with natural and man-made objects; (f) it is my responsibility to exercise due care in my use and enjoyment of the Property and the Gathering; (g) the risks inherent in my use of the Property and the Gathering may arise as a result of either man-made conditions and/or naturally occurring conditions, and that not all dangerous conditions will be readily apparent, nor marked as dangerous, nor made safe prior to my use and enjoyment of the Property and the Gathering; (h) these inherent risks include but are not limited to trips, burns, collisions with other participants and inanimate objects such as falling branches etc, unknown or hidden facility hazards, natural hazards, uneven and dangerous terrain, wildlife, insect bites, swimming risks, careless behavior by me or other participants, errors in judgment by Plants enChant’s owners, directors, employees, representatives, agents, contractors or volunteers, and injuries caused by negligence on the part of Plants enChant or its owners, directors, employees, representatives, agents, contractors or volunteers, me, or other participants; (j) possible injuries include everything from minor muscle soreness, bruises, sprains, abrasions, and lacerations, to more serious injuries such as sprained ankles, broken bones, knee injuries, shoulder injuries, back sprains, neck sprains, internal injuries to major organs, closed head injuries, and chipped or broken teeth, as well as catastrophic injuries such as permanent disabilities, spinal injuries, paralysis, and even death. We are not responsible for any damage to cars due to theft, fire, or damage from rocks, and trees.
2. Gathering. Plants enChant essentially provides a gathering space, to share ideas, information and songs with others and learn and grow together, through activities that include but are not limited to song teaching classes, daily practices, nightly evening activities (such as star gazing, singing, community fires, nighttime ceremonies), discussions or interchanges with other participants, and any other activities (the “Activities”). I understand that the Activities are not provided by Plants enChant, but instead are being provided by individual attendees at the Gathering.
3. Assumption of Risk. I expressly and voluntarily assume all risk while participating in the Activities or in any aspect of the Gathering, whether or not caused by negligence of Plants enChant and any of its owners, directors, employees, representatives, agents, contractors or volunteers (collectively, the “Released Parties”). I understand that my use and enjoyment of the Property and the Gathering and the Activities involves inherent risks, both those described herein and other risks, that are serious and that may involve dangers regardless of the care taken by Plants enChant or the Released Parties. I realize my use and enjoyment of the Property and the Gathering and participation in the Activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraphs and I know the nature of the Property and the Gathering and the Activities, understand the demands to be placed upon me relative to my physical condition and skill level, and appreciate the types of injuries that can occur as a result of such activities. I hereby acknowledge that my participation in the use and enjoyment of the Property and the Gathering and the Activities is voluntary and that I knowingly assume all inherent risks of the Property and the Gathering and the Activities, both those described herein and others presently unknown.
4. Personal assistant/aide. Plants enChant Gathering cannot provide a personal assistant/aide for attendees. If you believe you may need a personal assistant/aide then Plants enChant Gathering will require that you purchase an additional ticket for that person.
5. Release and Waiver of Liability. I release and discharge the Released Parties from any and all liability, claims, demands or causes of action that I may hereafter have for any injuries, damages or death arising out of my participation in the Gathering and the Activities and use of the Property. I, do hereby release, waive, discharge, and covenant not to sue the Released Parties and hold them harmless from liability for any and all claims arising from my use and enjoyment of the Property and the Gathering and the Activities, including any injury resulting from the ordinary negligence of the Released Parties.
6. Indemnification. I further agree to hold harmless defend and indemnify the Released Parties from any judgment, costs, damages, including investigation costs, attorneys’ fees, expert fees, and related trial, litigation, arbitration, and/or mediation costs and expenses, relating to any and all claims made against Plants enChant or any of the Released Parties relating to any conduct by me at the Gathering and on the Property, or by persons whom I registered to attend the Gathering, including any injury or loss due to the ordinary negligence of Released Parties.
6. Photography. By entering the Gathering, I, and all participants, agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Gathering, including still photographs and videos (hereinafter “Gathering Imagery”). Cameras are welcome at the Gathering, but only for limited, personal use. Plants enChant monitors dissemination of Gathering Imagery to protect participants’ rights to privacy and freedom of expression and to ensure that Gathering Imagery are used only for “Personal Use.” This means that Gathering Imagery cannot be used for non-personal purposes, such as advertising or commercial purposes, magazine articles, or news articles. . “Personal Use” is defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not purport or appear to be an official website of the Gathering or Plants enChant); and (3) displaying on personal accounts on photo sharing and social networking websites, such as Instagram and Facebook (as long as the display of the Gathering Imagery on these sites is not commercial in any manner and the account is not affiliated with any commercial enterprise); provided however that in any such display of images, the use will be considered “Personal Use” only if the group of followers or website visitors is not inordinately large, which shall be determined by Plants enChant in its sole discretion.. Photographs, video and recording taken at Plants enChant may not be used to sell, publicize, or advertise any other event, service, or offering.
7. Permissible Photography. While general photography is prohibited, except for personal use, Plants enChant does record certain events or programs, using authorized documentarians to take official photographs and videos. When you enter the Gathering, and participate in any Activity at the Gathering, including participating in a Plants enChant event or program, you enter an area where photography, audio, and video recording by Plants enChant may occur. By entering the Property and attending the Gathering, you consent to Plants enChant being able to engage in photography, audio recording and video recording that may include your likeness or voice, and consent to Plants enChant’s ability to release, publish, exhibit or reproduce the images or recordings in order to promote Plants enChant and its Gathering and similar events or related creative projects. You release Plants enChant, its officers, agents, representatives and employees, and each and all persons involved, from any liability connected with Plants enChant’ taking, recording, digitizing, publication and use of interviews, songs, talks, photographs, computer images, video and/or or sound recordings at the Gathering.
8. Medical Waiver and Release. Participants at the Gathering may seek first aid services. I understand that at the Plants enChant Gathering, first aid services may first discuss plant-based medicine, and then may also explore pharmaceutical or western medicine options; and that during the provision of any first aid services, the personnel may measure blood pressure, look at the tongue, feel the pulse, or ask to see an afflicted area. I understand that the personnel providing first aid services may not be medical doctors, and will make suggestions only. I assume all responsibility for the decisions I make concerning my health care or in response to suggestions for first aid by personnel at the Gathering, recognizing that (a) no claims are made about herbal medicine, lifestyle changes, nutritional, dietary recommendations to treat or cure any medical condition, (b) there is no applied or stated guarantee of success or effectiveness of any specific plan or treatment, and (c) I am free to act on or disregard the recommendations of wellness or first aid personnel at the Gathering. I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during the Gathering, and I authorize Plants enChant and its designated agents and any first aid personnel at the Gathering to administer emergency first aid, CPR, use any necessary medical devices, and secure emergency medical care or transportation, if deemed necessary by Plants enChant or its designated agent, and I agree to be responsible for the payment for all costs of emergency medical care and transportation. I hereby release Plants enChant, the Released Parties and any and all persons participating in the provision of wellness, first aid or any medical treatment to me at the Gathering, from any responsibility or liability relating to providing suggestions to me concerning first aid, for my decisions about what type of wellness, first aid or medical aid to utilize, and for any emergency first aid that is provided to me. Participants with known acute or chronic medical conditions are (a) solely responsible for the management of their condition during the duration of the Gathering, (b) required to provide all necessary accommodations, medications, medical equipment, and other services to ensure that their condition is appropriately cared for and monitored during their time at the Gathering, (c) should strongly consider bringing a ticketed medical aid/partner to help monitor their condition during their time at the Gathering if needed, and (d) encouraged to check in with the Wellness Temple on the first day of the Gathering to familiarize themselves with the location and staff and alert head Wellness staff of their acute or chronic condition if needed.
9. Revocable License. I understand that any ticket or wristband credential, and my entry upon the Property and to the Gathering, grants only a revocable license, which is permissive in nature, and that my permissive use of the Property and participation in the Gathering may be revoked at any time for any reason, and upon notice of such revocation, I will immediately become a mere trespasser upon the Property, at which time I understand Plants enChant may use all lawful means to remove me from the Property, including with the assistance of local law enforcement agencies. I understand that failure to comply with any of the regulations set forth in these terms and conditions subjects the holder of a ticket or wristband credential to eviction from the Property and the Gathering, without any refund of any purchase price, and that Plants enChant may bar the holder from entry in future years.
10. Minors. I understand that those under 18 years of age can attend the Gathering only accompanied by a parent or guardian, and that if I bring a minor to the Gathering I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor. I understand that if I bring a minor to the Gathering, I understand that I am responsible to supervise and care for the minor, and cannot leave any minor incapable of caring for her- or himself unattended, and recognize that if any minor child is unattended and in need of assistance, other participants or Plants enChant’s personnel may provide such reasonable assistance, and I hereby release any such participant or personnel from any liability related to the provision of such assistance.
11. Tickets for Others. If I am obtaining tickets and/or entry credentials for, or providing any tickets and/or entry credentials to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or entry credentials, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the tickets and/or entry credentials I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket and/or entry credentials to them. If I have obtained a ticket and/or entry credentials from another person, I also agree to these Terms and Conditions when the ticket and/or entry credentials are delivered to me.
12. Refund Policy. All sales are final. I understand that my ticket or entry credential is not subject to any refund, bears no cash value, and is not redeemable for cash. I understand that my ticket or entry credential is not subject to exchange, except as described in this paragraph below. I understand that tickets and/or entry credentials are nonrefundable even if I am requested to leave by Plants enChant for a possible violation of theses terms and conditions or of the regulations in force at the Gathering, and if the Gathering is terminated early or canceled or entry conditions are modified, due to force majeure, as described in the paragraph below. I understand that my ticket and/or entry credential can be transferred only under the following conditions: it is transferable to another person, provided (1) the transfer is for no more than the amount paid for the ticket or entry credential and associated ticket purchase fees, and (2) Plants enChant is notified of the name of the transferee person in writing no later than July 21st, 2022, which is 8 days before the initial Gathering begins, and (3) the transferee signs a copy of the Terms and Conditions when arriving at the Gathering and (4) a $30 transfer fee is paid to Plants enChant. There are no exceptions to these time frames.
13. Force Majeure. The Plants enChant Gathering intends to sing in the forest at Old Growth Canyon, rain or shine. However, I agree that Plants enChant is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes, which may interfere with the Gathering. I understand that tickets are nonrefundable even if the Gathering is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond Plants enChant’s control.
14. Ticket License is Revocable. Tickets and entry credentials are revocable licenses that may be revoked by Plants enChant for any reason, including without limitation resale for above their face value, plus applicable taxes and Plants enChant-approved fees (“Face Value”), purchasing more than stated limits, unauthorized name changes on tickets, or assisting people with unauthorized or un-ticketed entry to the Gathering.
15. Arbitration, Mediation and Dispute Resolution. If a dispute arises out of or relates to the Gathering and/or these Terms and Conditions or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. If a party fails to respond to a written request for mediation within 30 days after service or fails to participate in any scheduled mediation conference, that party shall be deemed to have waived its right to mediate the issues in dispute. If the mediation does not result in settlement of the dispute within 30 days after the initial mediation conference or if a party has waived its right to mediate any issues in dispute, then any unresolved controversy or claim arising out of or relating to the Gathering or these Terms and Conditions or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, before one arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
16. Acknowledgements and Additional Agreements. I acknowledge and/or agree as follows:
- I possess sufficient physical fitness and coordination to enable safe use and enjoyment of the event site and its activities.
- I assume the risk of all of my medical conditions (e.g. asthma, diabetes, anaphylaxis, epilepsy, heart disease, or high blood pressure).
- Plants enChant encourages me to get medical clearance prior to use and enjoyment of the Property and the Gathering.
- I will cease use of the Property and the Gathering if there is discomfort such as faintness, shortness of breath, high anxiety, or chest pains.
- I agree to abide by all safety-related rules while using and enjoying the Property and the Gathering and to attempt only such use as I feel capable of performing safely.
- I agree to inform Plants enChant or its designated agent immediately if I observe conduct or a condition that endangers others.
- I understand the importance of rules and agree to follow all instructions, guidance, and warnings given by Plants enChant and its duly authorized representatives.
- In spaces like Plants enChant, where people gather from all walks of life, it is important that our core staff is committed to creating the safest environment possible. You agree to commit to taking on this practice with us through resources we will provide if chosen to teach, participate in Seva and as staff.
- I acknowledge that Plants enChant has the authority to terminate my participation in the Gathering if it is deemed a danger to others or me.
17. Current Version of Terms and Conditions Apply. I understand that these Terms and Conditions may be changed by Plants enChant prior to the Gathering, and if so, the revised Terms and Conditions will apply to me. The most current version can be found on this page. My use of a ticket or other entry credential for entry to the Gathering signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the Gathering.
18. Health Acknowledgement The safety of all event attendees and participants is paramount. Participants and attendees will act with the highest regard for the safety of the other attendees and participants of the event. Plants enChant cannot guarantee that its event participants or attendees will not be exposed or become host to a cold, flu, or other infectious disease. By attending the event, you agree to assume all risk. Your attendance at the event is voluntary, and you knowingly accept all risks, including health risks, related to illness and infectious diseases, even if arising from the negligence or fault of another party. By entering Old Growth Canyon and the Plants enChant gathering, you are confirming that you and all people in your group:
- Have not been in recent contact with someone with confirmed or suspected contagious disease symptoms
- Are not experiencing any of the following symptoms:Fever or chills, Cough, Shortness of breath or difficulty breathing, Fatigue, Muscle or body aches, Headache, New loss of taste or smell, Sore throat, Congestion or runny nose, Nausea or vomiting, or Diarrhea
Individuals who cannot confirm all of the above criteria must not enter Old Growth Canyon. By entering Old Growth Canyon & Plants enChant, you acknowledge that you understand and will abide by the above health and safety requirements, and you agree to assume all risks.
20. General. I confirm that these rules, liability waiver, and indemnification provisions supersede any and all previous, oral or written promises, or agreements regarding the subject matter hereof (including any statements made on the Plants enChant website) and understand that this is the entire agreement between me and the Released Parties as to the subject matter hereof and cannot be modified or changed in any way except in a writing signed by an authorized representative of Plants enChant. I expressly agree that the foregoing rules, liability waiver, and indemnification provisions are intended to be as broad and inclusive as is permitted by the laws of the State of Oregon and that if a portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. I agree that by accepting the terms of these Terms and Conditions (by signing online or clicking upon the “Accept”, “Agree”, “Yes”, or similarly identified button, as the case may be), my act of accepting thereby shall confirm that I have read and understand these Terms and Conditions, and that I agree to all of its terms, to the same extent as if I read a paper copy of these Terms and Conditions and placed my signature on such paper copy with my own hand.