2023 First Amendment Festival

Please read these 2023 First Amendment Festival Terms and Conditions (the “Festival Terms”) carefully before accessing, attending, or participating in the Festival or any Experience. By attending, exhibiting at, or participating in the 2023 First Amendment Festival (the “Festival”) or any experiences, performances, and/or interviews produced and offered by the Freedom Forum, Inc. (the “Producer,” or “our”) therein or thereto (the Experiences”) at the Wharf in Washington, D.C. on September 9, 2023, you hereby irrevocably agree to be bound by these Festival Terms, including Producer’s Privacy Policy available at https://www.freedomforum.org/privacy-policy/ (the “Privacy Policy”), and the terms of use and policies of any third party Festival or Experience provider or contractor, including those referenced or linked herein (the “Third Party Policies”). In the event of any explicit conflict amongst the terms of the foregoing, such conflict shall be resolved in the following order of precedence: these Festival Terms, the Privacy Policy, and the Third Party Policies. You and Producer may each be referred to herein as a “Party,” collectively, the “Parties.”

1. The Festival will be free to attend and will consist of family-friendly First Amendment activities and Experiences, including the following:
   1. An immersive theatrical experience entitled the “Freedom Lost Café Experience” where attendees will be offered free food and interact with performers to experience a loss of their First Amendment Freedoms (the “Experience”). Since show times are limited, participants will need to complete the registration available at https://www.freedomforum.org/event/2023-first-amendment-festival/, which will require a signed release. You understand and agree that:
      1. the Experience details and terms herein are subject to change at any time without notice, and by participating in the Experience, you hereby accept and agree to be bound by all such changes, instructions, and rules specified by the Producer;
      2. the Experience may contain content and language that you may find upsetting, or other elements such as loud noises or flashes of light that could trigger seizures or other physical reactions if you have visual sensitivities;
      3. you should be accompanied by an adult or legal guardian at all times if you are 14 or under; and
      4. the Brighton (https://www.brighton-dc.com/) is currently scheduled to provide the offered food at the Experience, which means that food may contain or come into contact with common allergens such as fish, shellfish, peanuts, soybeans, other nuts, eggs, and dairy. You understand that factors outside of ours and any food provider’s control, may alter the formulations of the food served or result in cross contamination. Further, a provider’s facilities may not be kosher or food allergen or gluten-free. If you have food allergies or preparation or nutritional concerns, you are advised to inquire directly with the relevant provider(s) and/or not accept any offered food at the Experience; and
   2. Live entertainment and performances, including comedic and musical performances.
2. You represent and warrant that you are of legal age and authority to participate in the Festival and Experiences and if not, you will be accompanied by your legal guardian or parent who irrevocably agrees to the following on your collective behalf: (a) you are in good health and have no medical, physical, or emotional condition that might interfere with your attendance at the Festival and participation in any Experience; (b) you will not be under the influence of any medication or other substance that might impair your physical or mental ability to attend or participate in any of the foregoing, or that might impair your judgment; (c) you have all necessary licenses, permits and other consents (if any) required to attend and participate in the foregoing and you will not violate or infringe upon any third party right, including but not limited to rights of publicity, privacy, trademarks, and copyrights; and (d) you will follow and obey all relevant rules, laws, and regulations, as well as Producer’s direction and instructions in connection with your attendance or participation. Notwithstanding anything to the contrary, at all times, Producer reserves the right to prohibit any other activity that Producer determines may be harmful or disruptive, in Producer’s sole and absolute discretion.
3. In connection with your attendance at the Festival and participation in any Experience, you hereby irrevocably grant to Producer the right to take motion and still pictures of you and record you, your voice, and any sounds made by you (collectively, the “Footage and Materials”), and agree that the Footage and Materials are a “work made for hire” for Producer as defined under 17 U.S.C. § 101 and all rights, title, and interest therein automatically and immediately vest in Producer. If, for any reason, any Footage and Materials does not constitute a “work made for hire,” you hereby irrevocably assign to Producer (or, if any applicable law prohibits or prevents such assignment, you hereby grant to Producer for no additional consideration or consent, an irrevocable royalty-free, fully paid up right and license of (inclusive of the right to sublicense)), your entire right, title, and interest throughout the world in and to such Footage and Materials, including without limitation, all intellectual property rights therein, including but not limited to your rights of publicity and privacy in and to your name, image, and likeness, and any renewal, extension, and reversion rights in connection therewith and all associated goodwill, as well as the right to sue for past, present, and future infringement, misappropriation or dilution thereof, in connection with any use of the Footage and Materials, in whole or in part. You understand and agree that the Footage and Materials may be exploited throughout the universe at any time, in perpetuity, in any and all media, now known and hereafter devised, without any monetary compensation or credit to you whatsoever, and without further consent from your. The rights granted herein shall also include the right to edit, delete, dub and fictionalize the Footage and Materials as Producer sees fit in Producer’s sole discretion. You hereby irrevocably and unconditionally waive any and all rights of attribution and integrity and any other rights in or to the Footage and Materials arising under 17 U.S.C. § 106, or under any other applicable law of the United States or any state, country, or other jurisdiction that acknowledges or confers rights of the same or similar nature (collectively, the “Moral Rights”). To the extent this waiver is not permitted by applicable law, you hereby agree not to enforce such Moral Rights against Producer or its Releasees.
4. ASSUMPTION OF RISK AND RELEASE.
   1. You agree that you are entering into these Festival Terms freely and with knowledge of its contents with the intent to be bound by the Festival Terms and the restrictions contained in it.  Producer has no obligation to you whatsoever and you will not be paid for attending the Festival or participating in any Experience.
   2. You hereby acknowledge the contagious nature of COVID-19 and any variations and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by voluntarily choosing to attend the Festival and participate in any Experience in-person and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 while attending or participating or interacting with Producer, other participants, or the Releasees may result from the actions, omissions, or negligence of yourself and others. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to you (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability or expense, of any kind, that you may experience or incur in connection with your attendance at the Festival and/or participation in any Experience. You hereby release, covenant not to sue, discharge, and hold harmless the Releasees of and from the claims, including all liabilities, claims, actions damages, costs or expenses of any kind arising out of or relating thereto.
   3. Further, to the fullest extent permitted by applicable law, you hereby expressly and irrevocably waive and release all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known or developed in any jurisdiction throughout the world (collectively, the “Claims”) arising directly or indirectly from your participation in the Experience and whether resulting in whole or in part by the negligence of Producer or any other person. Such waiver and release also extends to Claims in connection with any injury, death, or property damage arising out of or attributable to your attendance at the Festival or participation in any Experience. You covenant not to make or bring any such Claim against any Releasees and forever release and discharge the Releasees from liability under such Claims.
   4. You understand that Producer is relying on these Festival Terms and will incur significant expense in reliance on these Festival Terms, and you agree that these Festival Terms cannot be terminated, rescinded, or modified, in whole or in part without Producer’s signed agreement.
5. You shall defend, indemnify, and hold harmless Producer and its parent, subsidiary, affiliated companies, providers, vendors, licensees, and contractors, and each of their respective officers, directors, agents, representatives, owners, and employees (collectively with Producer, the “Releasees”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable outside attorneys fees, fees and the costs of enforcing any right to indemnification under these Festival Terms, and the cost of pursuing any insurance providers, arising out of or resulting from your breach of these Festival Terms as well as any claim of a third party related to your activities covered hereunder.
6. All aspects of these Festival Terms, the Festival, and any Experiences are provided “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible by law, the Releasees do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, including as to information, data, data processing, uptime or uninterrupted access, the availability, usability, accuracy, precision, correctness, completeness, or usefulness and security associated with the transmission of information to Producer in any capacity. The Releasees hereby disclaim all warranties, express or implied, including, the foregoing warranties as well as the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
7. These Festival Terms shall be construed neutrally and not against any party by reason of the drafting or preparation of these Festival Terms. These Festival Terms, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Festival Terms (collectively, the “Disputes”), shall in all respects, be governed by and construed in accordance with the laws of Washington, D.C. without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by arbitration pursuant to the JAMS Arbitration Rules and Procedures (“JAMS”) conducted with a single arbitrator knowledgeable of contract and intellectual property law and the entertainment industry at the JAMS office nearest to Producer’s address in Washington, D.C. The arbitrator’s decision shall be conclusive and binding and there shall be no right of appeal therefrom in any forum. All Disputes shall be arbitrated or litigated on an individual basis. Each Party irrevocably waives any right it may otherwise have to proceed on a class or collective basis, all right to trial by jury, and any claim of improper venue or forum non conveniens. The Parties shall bear their own expenses, except that Parties shall equally share the expenses of any arbitrator. The prevailing Party may seek an award of the Party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any award rendered by an arbitrator may be entered in any court having jurisdiction thereof. You agree that your exclusive remedy for any Dispute you bring hereunder shall be limited to actual damages and if you are the prevailing Party, your attorneys’ fees and costs incurred. You hereby irrevocably waive your right to injunctive and other equitable relief in the event of a Dispute with Producer.
8. By signing up or subscribing to our newsletter at https://www.freedomforum.org/contact-us/newsletter/, you acknowledge and agree to all terms and conditions provided therein, have opted into and agree to the terms of our Privacy Policy, and are giving your permission to receive emails from the Producer.
9. Producer reserves the right to amend or update these Festival Terms at any time with or without notice, and may also add new Experiences or features, or change or remove the same from the Festival that will be subject to these Festival Terms. You will be deemed to have agreed to these changes if you attend or participate in the Festival and/or any Experiences thereafter.
10. You agree that Producer may license, assign, and otherwise transfer these Festival Terms and all rights granted by you or your authorized legal guardian to Producer under these Festival Terms to any person or entity.
11. This is the complete and binding agreement between you and Producer, and it supersedes all prior and contemporaneous understandings and communications, both oral and written, with respect to such subject matter. References to “include” or “including” shall be illustrative and construed to mean “including but not limited to” as context requires. The illegality, invalidity or unenforceability of any provision of these Festival Terms shall in no way affect the validity or enforceability of any of the remainder of these Festival Terms, which shall be enforced to the maximum extent permitted by law. These Festival Terms cannot be terminated, rescinded or amended, except by a written agreement signed by both you and Producer.