Attendee Terms of Agreement and Acknowledgments
Purchase Policy:
By purchasing a ticket(s) you understand that you are reserving your spot for the specific shootout at the exact day and time unless otherwise provided or postponed by Gather with Mimi.
Tickets are non-refundable under any circumstances, however tickets may be transferred to another photographer/videographer if you can no longer attend. You are responsible for selling your ticket, collecting payment and informing Gather with Mimi via email at gatherwithmimi@gmail.com
Ticket(s) are only valid for the purchased event and cannot be held as a credit or transferred to another shootout.
By purchasing a ticket(s) you agree to release the rights to vendors and volunteers to use your images/videos on their social media platforms and website, as long as they credit your work and do not tamper with your original image(s)/video(s).
By purchasing a ticket(s) you acknowledge that images were taken during the content day and agree to credit all vendors (including the lead photographer for the content day) for all blog and social media posts. Participants are NOT allowed to submit photos from the content day to any publications, no exceptions.
COVID-19 Policy:
Should you present with any COVID-19 symptoms at the event Gather with Mimi reserves the rights to have you leave the premises of the event.
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, loss of taste or smell, and shortness of breath) and, contact GWM at gatherwithmimi@gmail.com if participant experiences symptoms of COVID-19 within 14 days prior to participating or volunteering with GWM.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with GWM, and I willingly engage in GWM events.
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE GATHER WITH MIMI LLC AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK:
I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties
MEDICAL ACKNOWLEDGMENT AND RELEASE:
I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE EVENT.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Gather with Mimi event or activity is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the event, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the event, and You agree that: (a) Gather with Mimi LLC. (b) the property or site owner of the event, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the event, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Anti-Harassment Policy:
Gather with Mimi LLC strives to provide a safe and welcoming environment that are free from bias and intimidation for all participants. GWM does not tolerate discrimination or any forms of harassment, including but not limited to sexual harassment. No form of discriminatory or harassing conduct by or towards any employee, member, volunteer, attendee, vendor, or other person participating in GWM events will be tolerated. Anyone who engages in discrimination or harassment conduct will be subject to being escorted off the premises.
Hold Harmless Agreement:
This HOLD HARMLESS AGREEMENT (this "Agreement") is made effective upon signing between GATHER WITH MIMI / MIMI NGUYEN (hereinafter, "GATHER WITH MIMI / MIMI NGUYEN"), and THE CLIENT as signed below (hereinafter, "THE CLIENT")
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, GATHER WITH MIMI / MIMI NGUYEN and THE CLIENT hereby agree as follows:
Terms:
1. Hold Harmless. THE CLIENT shall fully defend, indemnify, and hold harmless GATHER WITH MIMI / MIMI NGUYEN 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 THE CLIENT, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers . 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 GATHER WITH MIMI / MIMI NGUYEN for all legal fees, expenses, and costs incurred by it.
2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.
3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
4. 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.
5. Attorneys' 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.
6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
7. 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.
8. Applicable Law. This Agreement shall be governed exclusively by the laws of Washington, without regard to conflict of law provisions.
9. 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.
10. Signatures. This Agreement shall be signed on behalf of GATHER WITH MIMI / MIMI NGUYEN and on behalf of THE CLIENT as written below, and effective as of the date first written below.