POrtalBurn 2026 Minor Waiver
PORTALBURN EVENT PARTICIPANT RELEASE OF LIABILITY, ASSUMPTION OF RISK,
WAIVER AND TERMS AND CONDITIONS (“RELEASE”)
In consideration of the individual named below, 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 2026 Upstate New York POrtalBurn Arts, Inc. event (the “Event”), hosted by Upstate
New York POrtalBurn Arts, 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 OF INJURY, 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 Releasees
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, fees, 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 POrtalBurn
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 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, 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. I further acknowledge that I have read
and agree to abide by POrtalBurn’s Media Policy as outlined in the Survival Guide.
6. Rules and Additional Terms. In addition to the foregoing, I agree to abide by the terms and conditions
set forth in EXHIBIT A 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.
EXHIBIT A
UPSTATE NEW YORK PORTALBURN ARTS, INC. EVENT 2026
RULES AND PROCEDURES
Capitalized terms not otherwise defined herein shall have the same meaning as what is 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 I am accompanied by minors
at the Event, I acknowledge that I have made a choice that the minors may be exposed to the 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 accompanied by a
parent or guardian, and if I am bring a minor to the Event, I acknowledge 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).
Secure Ticket Exchange Program (STEP)
STEP does not issue refunds. STEP is a ticket transfer mechanism that facilitates the resale of tickets
between participants. In the event a ticket is successfully transferred through STEP, the most recent
credit card purchaser shall receive a credit, less any applicable fees, issued to the payment method
most recently used in the transaction.
If you received your ticket through a standard transfer, the most recent credit card purchaser shall be
credited, less any applicable fees, to the payment method most recently used in the transaction.
Tickets listed in STEP that are not claimed or successfully transferred shall not be eligible for any credit,
refund, or reimbursement.
5. Additional Terms.
a. I am responsible for bringing my own food, water, shelter, and first aid to sustain me for
the duration of the Event in a harsh environment;
b. Possession, use, distribution or selling of illegal drugs of any kind is expressly prohibited;
c. Guns, rockets, weapons, and other explosives are prohibited;
d. The use of personal drones is prohibited. I acknowledge that POrtalBurn will use a drone
during the event for the means of documenting the use of the space for future event
planning, at times which will be announced.
e. Fireworks of any kind are prohibited, except for the limited use fireworks as part of art
burn events that are pre-approved in writing by POrtalBurn;
f. 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/;
g. 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 generally as clean
and neat of a condition as they were when I arrived and shall clean up my own camp;
h. 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.
i. 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, entering the event outside of
posted gate hours, 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.
j. 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 terms on the website, then this Release shall govern. 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 age minimum 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, due to not being accompanied by
a parent or guardian. 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 utilize the pond
AT MY OWN RISK and acknowledge that there will NOT be a lifeguard on duty. Parents and
guardians of minors are responsible for supervising them at all times, including 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 secure them. 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
cannot swim.
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 BEST EFFORTS TO KEEP MY CAMP CLEAN AND I WILL EXIT THE EVENT NO LATER THAN NOON ON MONDAY JULY 27, 2026.