Terms and Conditions, Release of Liability & Event Rules.
Welcome to Moonjam Pro!
Release of Liability / Terms & Conditions
AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY; AGREEMENT NOT TO SUE & TO INDEMNIFY
Participant: Attendee/Ticket Holder
Please read this contract carefully. It releases Thunder Fox Audio LLC D.B.A Moonjam Pro, The William Bruglia Living Trust and William Bruglia. From liability and waives certain rights.
Here forward Thunder Fox Audio will be referenced as it’s D,B.A. "Moonjam Pro."
In consideration of being permitted to participate in an Activity/Event with Moonjam Pro The William Bruglia Living Trust and William Bruglia. I, the Participant, ( if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in the Activity/Event with “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” (hereinafter the “Activity/Event”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity/Event involves certain inherent dangers and risks that cannot be eliminated or controlled by “Moonjam Productions LLC, The William Bruglia Living Trust and William Bruglia” , the presence of which are integral to the adventurous nature of the Activity/Event. The following list of dangers and risks that could cause physical or emotional injury or death is not exhaustive – I understand that there are many other dangers or risks associated with the Activity/Event not identified: 1) Risks associated with Live Music Event and being other participants, including: falling; jolting or jarring resulting in contact with hard objects, other participants, equipment, rocks; injurious contact with natural and manmade objects; failure to understand and follow staff instructions; hypothermia; physical over-exertion; mental or physical shock; equipment malfunction; slipping, tripping or falling; burning associated with hot surfaces and sun; and errors in staff judgment, or lapse in Staff skill. 2) Risks associated with transport in a motor vehicle or being present near motor vehicles and associated equipment being used for the Activity/Event, including: all commonly understood risks of riding in a vehicle; risks associated with riding in a vehicle in remote terrain on backcountry or 4-wheel drive roads; lapse in driver judgment or skill; and injurious contact with the vehicle or equipment when outside the vehicle. 3) Risks associated with camping or extracurricular activities at an event, including: slipping, tripping or falling; allergen exposure; exposure to dangerous wildlife or insects; snake bites; bodily failure while carrying heavy objects; falling or slipping; flying man-made objects such as balls, frisbees, gear, or equipment; falling trees; moving objects associated with extreme weather; hail; lightening; flash flood; campfire burns; wildfire or uncontrolled camp or kitchen fire; food-borne bacteria or virus; water- borne bacteria or virus; kitchen or cooking related dangers; exposure to food allergens; landslides; rock-fall; mudslides; and dangerous water crossings. 4) Risks associated with being at an outdoors Activity/Event with other participants and relying upon Event staff, including: mentally or physically unstable or criminal event participants; negligence by event participants; all manner of outdoor injuries including brain injury, spinal injury, bone breaks, burn, internal injury, sickness or disease, exposure to airborne pathogens and viruses, including but not limited to contraction of Covid- 19; hypothermia, heatstroke, sunburn, dehydration, and hyponatremia; getting lost; errors in guide judgment or lapse in guide skill; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, boats, or aircraft; failure or lack of communication equipment; and inadequate or malfunctioning equipment. I understand that “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” has done its best to list the known risks of participating in the Activity/Event, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity/Event.
Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity/Event despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity/Event. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity/Event. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all guide instructions at all times while engaging in the Activity/Event. Further, I represent that I have had the opportunity to both independently research and discuss with “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” the risk of participating in the Activity/Event and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity/Event. I have been informed of the increased risk associated with attending this Activity/Event, such as Class3 and Class4 Laser projectors, Pyrotechnic equipment and of the inherent nature of such risk. I understand that I am responsible for truthfully disclosing and notifying “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I acknowledge that, “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” has a ZERO tolerance drug policy. I certify that I have not consumed drugs within 24 hours of this Activity/Event, and will not do so while participating in this Activity/Event. I am not relying on any prior oral, written, or visual representations made by “Moonjam Productions LLC, The William Bruglia Living Trust and William Bruglia” , including in any website or promotional materials, to induce me to go on any adventure activity during my visit to the specific mentioned “Activity/Event” hosted by “Moonjam Productions LLC, The William Bruglia Living Trust and William Bruglia” With all of the foregoing in mind, I assume full responsibility for my own safety.
Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for , “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” agreement to allow the Participant to participate in the Activity/Event, I HEREBY AGREE NOT TO SUE “Moonjam Pro, The William Bruglia Living Trust and William Bruglia”, its affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity/Event. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct).
Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against released parties, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of any of the released parties on account of the bringing of such suit or claim, including all attorney’s fees and costs.
Medical Authorization: I hereby: 1) authorize “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” to undertake any emergency medical care for me; 2) authorize “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” harmless from any claims associated with such medical care and/or related transportation.
Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and sign this document out of a desire to have the Participant be allowed to participate in the activity. I represent that I am a legal parent or guardian of the minor Participant.
Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogees, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
Agreement to Application of Washington Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Washington law, and that the exclusive jurisdiction for any claim shall be in the Pierce County, Washington District Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
Miscellaneous Provisions: I agree that “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” may utilize my photograph, or video of me participating in the Activity/Event for any purpose, and that any such image is the property of “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” & AFFILIATES. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that any subcontractors or other vendors utilized by “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” during or incidental to the Activity are solely responsible for injury that occurs to me while I am in their care, and that “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” is not in a joint venture with any such vendor or subcontractor. I agree that “Moonjam Pro ” is not a common carrier.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.
Signature of minor, if 16 years of age or older, acknowledge paragraphs 1 – 3.
2020 Covid-19 “Symptom Free” Waiver
People with COVID-19 have had a wide range of symptoms reported – ranging from mild symptoms to severe illness. Symptoms may appear 2-14 days after exposure to the virus.
I attest I am & have been symptom free of the following Covid-19 symptoms.
Shortness of breath or difficulty breathing
Cough
Fever
Chills
Muscle pain
Sore throat
New loss of taste or smell
Gastrointestinal symptoms like nausea, vomiting, or diarrhea
This list has been copied by the Center for Disease Control. This list is not all- inclusive.
Signature: Attendee
Notice;
This is a private, “Event” by personal invitation only (unless otherwise stated in our event announcement's). You will receive a personal invitation with password only from Moonjam Pro. directly.
This event "Invitation" & "Password" is not to be publicly posted, transferred or reproduced in any form of any kind.
Moonjam Pro. reserves the right to refuse admission and or access to the "Event" by any and all unauthorized entities.
All Ticket sales are final "No Refunds No Returns" Other governing Refund policy terms may be governed by the ticket agency "Showpass" Per Their Terms and Conditions.
By the purchase of this ticket and or tickets, and attending the Activity/Event You hereby understand the above Terms and Conditions and agree to assume all risk and release “Moonjam Pro, The William Bruglia Living Trust and William Bruglia” of any and all liability.
Media Content Policy:
Moonjam Pro, William Bruglia, William Bruglia Living Trust, Agents or Representatives, Reserve The right to use and redistribute any and all Media Content in any format gathered at our venue for promotional purpose via Web Sites, Fliers, Posters or Social Media pages.
This content will be gathered and republished with no compensation or favor of any kind by any entity associated with Moonjam Pro, William Bruglia, William Bruglia Living Trust, Agents or Representatives.
Any and all Guest, Performers, Agents or Representatives will not redistribute any and all Media content in any format for profit that is gathered at our Venue Known as the Moonjam Amphitheater without the perior consent and knowledge of Moonjam Pro.
Event Rules:
The festivals are held on private property; we ask that you follow the rules and respect the space as any guest should.
By attending any of our festivals you are agreeing to follow the Event Rules and our Terms & Conditions:
Under age drinking is strictly prohibited.
If you drink please don't overdo it--don't be that guy at the festival.
Respect the environment: please use the trash and recycle bags provided on the property.
No illegal drugs, weapons or fireworks are allowed on the property.
Public bathrooms are provided on the property for your use--please use them!
Be safe! We expect you to exercise common sense and avoid unnecessary risks.
No fighting--verbal or physical--on the property.
Please park only in the designated areas. Please respect our neighbors and do not block their driveways. Parking is limited so carpool if you can!
Listen and be respectful to all staff members - we are volunteering our time and energy so everyone can have a great time, but NOT at the expense of others.
10. No Pets our to accompany our guest. Service animals are to be kept leashed.
Guests who do not follow the rules may be asked to leave or be escorted off the property by staff or law enforcement.
MoonjamPro.com:
The following terms and conditions outline the rules and regulations for the use of Thunder Fox Audio's Website, located at https://moonjampro.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Moonjam Pro if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing Moonjam Pro, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, Thunder Fox Audio and/or its licensors own the intellectual property rights for all material on Moonjam Pro. All intellectual property rights are reserved. You may access this from Moonjam Pro for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from Moonjam Pro
Sell, rent, or sub-license material from Moonjam Pro
Reproduce, duplicate or copy material from Moonjam Pro
Redistribute content from Moonjam Pro
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Thunder Fox Audio does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Thunder Fox Audio, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Thunder Fox Audio shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Thunder Fox Audio reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Thunder Fox Audio a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Thunder Fox Audio; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Thunder Fox Audio. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Thunder Fox Audio's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.