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Liability Waiver Preview

RELEASE OF LIABILITY READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

 

In exchange for participation in the activity of all Sanctum events, the “Events”, organized by Sanctum Events, LLC DBA Sanctum (hereafter Sanctum), of 6900 East Green Lake Way N Apt 126 Seattle, Wa 98115 and/or use of the property, facilities and services of Sanctum, I agree for myself and (if applicable) for the members of my family, to the following:

 

AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by Sanctum, or the employees, representatives or agents of Sanctum. Portions of this event may include designated safety personnel, also known as “DF’s” or “Dungeon Facilitators”. Failure to follow and / or observe oral instructions from Dungeon Facilitators may result in expulsion from the event without a refund.

 

EVENT CODE OF CONDUCT AND CONSENT POLICY. I agree to follow the Event Code of Conduct and the rules and guidelines in the Consent Policy. I understand that the Event Code of Conduct and Consent Policy is posted publicly on Sanctum Event Pages. I agree that I am personally responsible for informing myself about such policies before attending the Event and ensuring that my behavior is compliant with any and all policies and rules that are posted. I agree that failure to adhere to the Event Code of Conduct and/or Consent Policy may result in expulsion from the Event without a refund.

 

RISK AND PERSONAL RESPONSIBILITY. Participation in this event and/or the activities occurring at this event carry an inherent risk of physical injury, emotional injury, damage or loss of property, or other harm. Participation in any activity is voluntary. Should I choose to take part in any activity, it is my responsibility to inform myself of potential risks of the activity and any equipment involved and to take part only with my fully informed consent.

 

ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself (including but not limited to: physical injury, bodily harm, emotional injury, damage to or loss of property) and (if applicable) my family members, and further release and discharge Sanctum for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Sanctum, whether caused by the fault of myself, my family, Sanctum or other third parties.

 

MEDICAL COSTS. If I am injured, I acknowledge that I may require medical assistance, which I understand will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expenses. I understand that Sanctum will not pay for any cost or expense incurred by me if I am injured.

 

VOLUNTARY PARTICIPATION. I agree that participating in this event and any activities at this event are voluntary and subject to my own discretion and consent. I understand that I am free to leave the event at any time. I agree that I am attending this event of my own free will and have not been coerced or deceived into participating in this event or any activities at this event.

 

ADULT ACTIVITY. I may be exposed to nudity, sexual activity, practices of bondage and discipline, sadomasochism, and power exchange between consenting adults. I find none of these subjects or activities to be offensive or objectionable to me in any manner. I further understand Sanctum events do not involve nor include entertainers which provide adult entertainment.

 

CONSENT.  Attendance at this event does not indicate or imply consent to engage in any contact or activity with any other person. Prior consent must be obtained from other persons before engaging in any contact or activity with them. Prior consent must be affirmative, verbal, explicit, and specific. Once given, consent may be revoked at any time, at which time all contact or activity must immediately stop. I understand that the word “Safeword” is a verbal revocation of consent. Continuing any activity that was consented to after one or more parties has used “Safeword” is a violation of the consent of those parties and grounds for expulsion from this event and/or any future events. Any consent incidents should be brought to the attention of a Dungeon Facilitators or event host.

 

SUBSTANCES. I understand that the use of any psychoactive substances that have not been prescribed to me by my primary care physician and/or psychiatrist are strictly forbidden before and during the event. If I am found to be under the influence of any psychoactive substances, I agree that Sanctum in its sole discretion may choose to expel me from the event without refund.

 

ILLEGAL ACTIVITY. No illegal activity of any kind will be tolerated. Solicitation or negotiation to any form of payment in exchange for sexual or BDSM activities during the event is forbidden. Such conduct is illegal under Washington State and local statutes.

 

PHOTOGRAPHY AND RECORDING. Photography, audio recording, and video recording without consent is strictly prohibited during the event. If I am found to have taken any photographs or engaged in recording of audio or video content, I agree that Sanctum in its sole discretion may choose to expel me from the event without refund.

 

INDEMNIFICATION. I agree to hold harmless, indemnify, and defend Sanctum against any and 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 family's use of or presence upon the facilities of Sanctum and/or from my or my family’s participation in the aforementioned event.

 

HOLD HARMLESS. I shall fully defend, indemnify, and hold harmless Sanctum from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of Sanctum, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteer. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to Sanctum for all legal fees, expenses, and costs incurred by it. FEES. I agree to pay for all damages to the facilities of Sanctum caused by any negligent, reckless, or willful actions by me or my family.

 

APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Washington law.

EXCLUSIVE VENUE AND JURISDICTION.

Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Washington. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.

 

NO DURESS. I agree and acknowledge that I am under no pressure or duress to purchase a ticket to this event and that I have been given a reasonable opportunity to review this Agreement before purchasing a ticket. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.

 

ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

 

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.

 

ATTORNEY’S FEES AND COSTS. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

 

WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

 

ENFORCEABILITY, SEVERABILITY, and REFORMATION. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Washington law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Washington law.

 

LEGAL AGE. Sanctum Events LLC services and products traded are only available to individuals who are at least 18 years old. I represent and warrant that I am at least 18 years old and of legal age in my jurisdiction to form a binding contract, and that all registration information I submit is accurate and truthful. Sanctum reserves the right to ask for proof of age from me and I acknowledge and understand that Sanctum in its sole discretion may refuse to provide services and products to me until satisfactory proof of age is provided. I acknowledge that Sanctum may, in its sole discretion, refuse to offer products and services to any person or entity and change its eligibility criteria at any time.

 

AUTHORITY TO ENTER AGREEMENT. Each Party warrants that the individuals who have agreed to this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY PURCHASING A TICKET TO THIS EVENT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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