POrtalBurn 2025 Minor Waiver
WESTERN NY PORTALBURN ARTS, INC.
PORTALBURN EVENT PARTICIPANT RELEASE OF LIABILITY, ASSUMPTION OF RISK,
WAIVER AND TERMS AND CONDITIONS (“RELEASE”)
In consideration of the individual named above, together with any of the minors listed in on the signature page attached hereto (collectively, “I” or “me”), being allowed to participate in and attend the 2025 Upstate New York POrtalBurn Arts, Inc. event (the “Event”), hosted by Upstate New York POrtalBurn Art, Inc., a New York not-for-profit corporation (“POrtalBurn”), I agree to all of the terms and conditions set forth in this Release (for the avoidance of doubt, any reference herein to “Release” shall include the terms set forth herein and the terms set forth in EXHIBIT A attached hereto and made a part hereof).
1. Assumption of Risk.
I AM AWARE AND UNDERSTAND THAT THE EVENT IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF POrtalBurn, INCLUDING NEGLIGENCE EMERGENCY RESPONSE OR RESCUE OPERATIONS OF POrtalBurn. OTHER POTENTIAL HAZARDS AND INHERENTLY DANGEROUS CONDITIONS INCLUDE, BUT ARE NOT LIMITED TO: EXPOSURE TO EXTREME HEAT AND INCLEMENT WEATHER, EXPOSURE TO DANGEROUS EQUIPMENT (REGARDLESS OF WHETHER IT IS OWNED AND OPERATED BY PORTALBURN OR SOME OTHER INDIVIDUAL OR ENTITY), UNEVEN OR UNPAVED LANDSCAPE, TICKS/BUGS AND POTENTIAL FOR DISEASES, FIRE, PERFORMANCES INVOLVING FIRE, VEHICLES, MUTANT VEHICLES, ART CARS, THEME CAMPS, ART INSTALLATIONS, EXPOSURE TO COVID-19 AND OTHER COMMUNICABLE DISEASES. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE EVENT WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OFINJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ATTENDANCE AT AND PARTICIPATION IN THE EVENT, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF POrtalBurn OR OTHERWISE.
2. Release.
I hereby expressly waive and release any and all claims, now known or hereafter known, against POrtalBurn and its officers, directors, employees, agents, volunteers, successors, and assigns (collectively, the “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my attendance at or participation in the Event, whether arising out of the ordinary negligence of POrtalBurn or any Releasees or otherwise. I covenant not to make or bring any such claim against POrtalBurn or any other Releasee, and forever release and discharge POrtalBurn and all other Releases from liability under such claims.
3. Indemnification.
I hereby defend, indemnify, and hold harmless POrtalBurn and all other 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 attorney fees, other fees, and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by POrtalBurn in a final judgment, arising out of or resulting from any claim of a third party related to my attendance at or participation in the Event, including any claim related to my own negligence or the ordinary negligence of POrtalBurn.
4. Physical Fitness and Medical Treatment Consent.
I certify that I am physically able to participate in the Event and in any associated activity or performance and that I have not been advised otherwise by a qualified medical professional. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Event. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless POrtalBurns and all other Releasees from any claim based on such treatment or other medical services. I understand that this Event may be subject to enhanced health and safety measures, and I agree to comply with all health and safety requirements imposed by POrtalBurn or any
government agency with jurisdiction over the Event. I agree to carefully review all current health and safety requirements published on POrtalBurn’s website prior to my departure for the Event. If I do not comply with these requirements, I may be denied entry into the Event or be required to leave the Event, and I will not receive a refund for my ticket and/or vehicle pass.
5. Privacy Waiver and Media Release.
I grant POrtalBurn, its directors, officers, employees, volunteers, assigns, and affiliates, permission to take, use, and publish photographs, digital images and video of me, in any medium and for any purpose, including, without limitation, press releases, advertising, websites, social media, or other printed or
electronic communications. I grant POrtalBurn all rights, title, and interest to the finished pictures and reproductions, as well as any video footage or copies, including the right to give, sell, transfer, and exhibit the materials. I agree that I am not entitled to any compensation for such use of my name, likeness, photos, or video. I waive any right to inspect or approve the finished material. I hereby release and discharge POrtalBurn and The Releasees now and forever, from any and all claims and demands which I or my heirs or representatives ever had, now have, or may have, arising out of, or in connection with,
the use of my name, writings, photos, or video, including, without limitation, for libel or misrepresentation or faulty reproduction.
6. Rules and Additional Terms.
In addition to the foregoing, I agree to abide by the terms and conditions set forth in EXHIBIT A 1 attached hereto and made a part hereof.
7. Governing Law.
This Release and the above-referenced Terms and Conditions shall be governed by and enforced according to the laws of the State of New York without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with this Release must be brought exclusively in the New York state courts, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
8. Enforceability; Entire Agreement; Amendments.
I further agree that if any provision of this Release is found to be unenforceable or invalid, such provision shall be severed from this Release and the remainder of this Release shall remain enforceable and valid. Any delay or failure to enforce any provision of this Release shall not be construed to (i) be a waiver of such provision or a party’s right to enforce that provision; or (ii) affect the validity of this Release. This Release contains the parties’ entire agreement regarding my participation in the Event. There are no other agreements, either written or oral. Any change to this Release must be approved in writing and signed by POrtalBurn.
[SIGNATURE PAGE TO FOLLOW]
BY SIGNING BELOW, I ACKNOWLEDGE THAT, EFFECTIVE AS OF THE DATE LISTED BELOW, I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PORTALBURN. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT. I FURTHER ACKNOWLEDGE I WILL MAKE MY BEST EFFORTS TO KEEP MY CAMP CLEAN AND I WILL EXIT THE EVENT NO LATER THAN NOON ON MONDAY, JULY 28, 2025.
EXHIBIT A
UPSTATE NEW YORK PORTALBURN ARTS, INC. EVENT 2025
RULES AND PROCEDURES
Capitalized terms not otherwise defined herein shall have the same meaning as set forth
In the Release.
1. Acknowledgment of Expressive Activity, Dress, and Nudity.
I understand that some participants at the Event may engage in expressive activity and dress, which may include, but not be limited to, partial nudity or complete nudity and other types of expressive activity. I agree that such nudity, expressive activity and dress is not indecent or offensive to me, and that I have decided to attend the Event with full knowledge that such nudity, expressive activity and dress may occur. If minors at the Event accompany me, I acknowledge that I have made a choice that the minors may be exposed to nudity, expressive activities, and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the minors to the Event. Should I find that any activity at the Event is offensive to me, or to any minors accompanying me, I acknowledge that I can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the Event.
2. Minors.
I understand that children under 18 years of age may attend the Event only when accompanied by a parent or guardian. If I bring a minor to the Event, I acknowledge that they must be supervised at all times. I agree to the contractual terms contained in the Release on behalf of the minor.
3. Survival Guide.
I have reviewed the POrtalBurn Survival Guide.
4. Non-refundable.
ALL SALES ARE FINAL. No refunds or exchanges will be issued for
any reason for the tickets, vehicle passes, or any goods and services sold at the Event
(regardless if the Event is canceled, delayed, or entry conditions are modified due to
weather, acts of nature, governmental regulation, or conditions beyond POrtalBurn’s
reasonable control.
5. Additional terms:
a. I am responsible for bringing my own food, water, shelter, and first aid to sustain myself
for the duration of the Event in a harsh environment;
b. Possession, use, distribution, or sale of illegal drugs of any kind is expressly
prohibited;
c. Guns, rockets, weapons, and other explosives are prohibited;
d. Fireworks of any kind are prohibited, except for the limited use of fireworks as part of
art burn events that are pre-approved in writing by POrtalBurn;
e. Handheld lasers of any kind are prohibited, and mounted lasers are subject to restrictions as described at https://burningman.org/event/preparation/black-rock-city-guide/lasers/;
f. I am required to remove all items I bring to the Event, as this is a LEAVE NO TRACE, Pack It In, Pack It Out Event. I further agree to keep the grounds in as clean and neat a condition as they were when I arrived, and shall clean up my own camp.
g. Commercial activities of any kind, including, without limitation, delivering goods or services to or at the Event for a prepaid fee, or engaging in marketing or brand Promotion at the Event, are expressly prohibited, except as authorized by POrtalBurn and permitted by New York State as applicable.
h. Tickets, credentials, and vehicle passes are revocable licenses that may be revoked by POrtalBurn for any reason, including without limitation resale for above the price at which they were initially offered by PortalBurn, plus applicable taxes and POrtalBurn-approved fees (“Face Value”), purchasing more than stated limits, assisting people with unauthorized or un-ticketed entry to the Event, or failure to satisfy any health and safety requirements. I understand and agree that I may not post or display on any websites or social media accounts any photographs or videos of tickets, credentials, and vehicle passes that display a QR code or the entire front or back of a ticket, credential, or vehicle pass.
i. The Terms and Conditions contained on the POrtalBurn website are expressly incorporated herein by reference. If there are inconsistencies between the terms of this Release and those on the website, this Release shall prevail. The most current version can be found at https://POrtalBurn.org/.
6. Entry Policy.
A valid State Government-issued ID matching the name listed on the ticket is required to access the Event. Refunds will not be processed for patrons who do not have valid identification and, therefore, do not match the owner listed on the ticket or vehicle passes. I understand that I am responsible for checking the minimum age for the event and that no refunds will be processed for participants who are denied entry due to not having valid identification that demonstrates they are 18 years or older, or if under 18 years old, as a parent or guardian does not accompany them. I understand that the gate hours are posted on the POrtalBurn website, and entry will not be permitted outside of these hours. No refunds will be issued for participants who do not collect or use the event tickets or vehicle passes before the gate closes.
7. Pond and Swimming.
There is a pond at the Event that is accessible for swimming during daylight hours only. This time will be strictly enforced. I am able to swim and use the pond AT MY OWN RISK, and I acknowledge that there will NOT be a lifeguard on duty. Parents and guardians of minors are responsible for supervising them at all times, including when they are in and around the pond. No unmanned float toys are to be left in the pond. If I leave the pond, I must bring my toys ashore and store them securely. No glass containers are allowed in or around the pond. No soap is allowed in or around the pond. I further agree not to swim alone and will not enter the pond if I am unable to swim.