Comic Con Honolulu Terms of Participation and Liability Release and Waiver
Effective Date: May 1, 2023
PLEASE READ CAREFULLY THESE TERMS OF PARTICIPATION AND LIABILITY RELEASE AND WAIVER. THE FOLLOWING TERMS OF PARTICIPATION INCLUDE A LIABILITY RELEASE & WAIVER AND ARE A LEGAL CONTRACT BETWEEN YOU, AN INDIVIDUAL PARTICIPANT OR A SINGLE ENTITY, AND DYAD LLC DBA COMIC CON HONOLULU (CCH)
By registering or participating in an event produced by Dyad LLC, in any capacity, whether as an attendee, panelist, exhibitor, sponsor, or other participant, you confirm that you have read and agree to be legally bound by the following Terms of Participation and Liability Release and Waiver. PLEASE READ THESE CAREFULLY. Failure to agree or comply will deny you access to CCH. If you do not agree, please discontinue participating in CCH.
The terms “you,” “your,” and “yours” refer to you, the person participating in CCH or using any website managed by Dyad LLC and agreeing to these terms. The terms “we,” “us,” and “our” refer to Dyad LLC and to Dyad LLC’s affiliates and subsidiaries (if any).
“Venue” means the facility at which CCH is held.
“Official Hotels” are hotels that CCH has explicitly designated as hotels for the event.
The “City” refers to Honolulu, Hawaii
1. INDIVIDUALS: IF YOU ARE REGISTERING FOR ANOTHER PERSON, THEN YOU MUST ASK THEM TO READ AND AGREE TO THESE TERMS OF PARTICIPATION. ACCEPTANCE OR USE OF A BADGE, TICKET, OR CONFIRMATION CODE INCORPORATES THESE TERMS OF PARTICIPATION. BY REGISTERING FOR, ATTENDING, VOLUNTEERING, OR PARTICIPATING IN CCH, OR BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING CCH’s WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF PARTICIPATION AND TO THE LIABILITY RELEASE AND WAIVER INCLUDED HERE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF PARTICIPATION, PLEASE IMMEDIATELY TERMINATE YOUR PARTICIPATION AT CCH.
2. ORGANIZATIONS: IF YOU ARE REGISTERING FOR CCH OR USING THE CCH WEBSITE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “PARTICIPATING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT PARTICIPATING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION; (II) HAVE READ AND UNDERSTAND THESE
TERMS OF PARTICIPATION; AND (III) AGREE TO THESE TERMS OF PARTICIPATION ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION AND ANYONE PARTICIPATING IN CCH FOR AND ON YOUR ORGANIZATION’S BEHALF.
(a) The Recording Policy allows DYAD LLC and those acting on our behalf to take your photograph or video record you and to use those photographs or videos of you as set out in the Recording Policy, for lawful purposes such as streaming, broadcast, and/or rebroadcast over the internet, without compensation.
(b) No Refund. All Event Credential (Badge) sales are final. As set out in the Registration Policy, once purchased, Event Credentials are non-refundable and non-transferable to any other event. Any and all payments made to DYAD LLC are not refundable for any reason, including, but not limited to, failure or inability to use Credentials due to illness, epidemics, pandemics, public health crisis, government restrictions, travel-related problems, natural disasters, acts of God, civil unrest, cyber attacks, loss of employment and/or duplicate purchases. DYAD LLC will not issue refunds, deferrals or credits for Credentials that have been revoked.
(c) No Resale of Credentials. Also as set out in the Registration Policy, Event Credentials (Badges) cannot be reproduced or resold. No resale of Credentials shall be permitted, except with the prior written approval from DYAD LLC. Credentials are immediately rendered void if altered in any way. The unauthorized resale of Credentials (including, but not limited to, “scalping”), the attempted unauthorized resale of Credentials, the unauthorized assignment of Credentials, the creation of counterfeit Credentials, or the unauthorized transfer of any Credentials to a third party are strictly prohibited and constitute an immediate forfeiture of your Credential(s) without compensation from DYAD LLC. All Credentials are the sole properly of DYAD LLC and must be relinquished to DYAD LLC upon request.
You agree that these TOP and the Policies together with any other policies or instructions posted on the CCH Website or communicated by employees, officials, officers, volunteers, or other persons affiliated with or acting for or on behalf of CCH, the City, or any Official Hotel, are effective and apply to you at all times when you are participating in and around CCH, the Venue, and Official Hotels.
4. LIABILITY RELEASE & WAIVER.
(a) GENERAL ASSUMPTION OF RISK. You agree that your participation at CCH, whether as an attendee, panelist, exhibitor, sponsor, or other participant, is voluntary. YOU UNDERSTAND THAT CCH AND SOME ACTIVITIES AT CCH, SUCH AS BUT NOT LIMITED TO DANCING, ROLE PLAYING, COSPLAY, PARTICIPATING IN A DEMONSTRATION, BEING ON A STAGE, STANDING IN LINES, AND BEING IN LARGE CROWDS, HAVE INHERENT RISKS AND DANGERS, INCLUDING, BUT NOT LIMITED TO, ACTS OF TERRORISM, DEATH, INJURY AND SERIOUS BODILY HARM TO YOUR PERSON AND/OR PROPERTY. YOU AGREE THAT AS A CONDITION OF YOUR ATTENDANCE AT CCH AND/OR PARTICIPATION IN ANY ACTIVITY AT CCH, YOU ASSUME AND ACCEPT ALL RISKS OF HARM, LOSS, OR INJURY TO YOUR PERSON OR PROPERTY THAT MAY ARISE FROM OR BE RELATED TO YOUR ATTENDANCE AND/OR PARTICIPATION IN SUCH ACTIVITY.
(b) ASSUMPTION OF RISK RELATED TO COVID-19 AND/OR COMMUNICABLE DISEASES. You acknowledge that an inherent risk of exposure to COVID-19 and/or communicable diseases exists in any public place where people are present. By participating at CCH, you and any guests agree that you voluntarily assume all risks related to exposure to COVID-19 and/or communicable diseases. You agree to comply with CCH policies and rules, including but not limited to all social distancing policies, guidelines, signage, and instructions related to COVID-19 and/or communicable diseases.
(c) IN EXCHANGE FOR YOUR ATTENDANCE AT CCH WHETHER AS AN ATTENDEE, PANELIST, EXHIBITOR, SPONSOR, OR OTHER PARTICIPANT, YOU HEREBY WAIVE AND RELEASE, indemnify, and hold harmless Dyad LLC, the City, the Venue, the Official Hotels, and their respective officers, directors, members, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, attendees, public officials, vendors, successors and assigns (“Released Parties”), from any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, costs, and/or claims of every kind and nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your participation at CCH (including any harm, loss, or injury to your person or property resulting from such participation as described in paragraph 4(a) above and any exposure or potential exposure resulting from such participation as described in paragraph 4(b) above) or your use of the CCH Site, including acts or omissions by third parties such as emergency or medical providers and vendors of food, drink, or alcohol. You understand and agree that the foregoing specifically waives your right to sue the Released Parties for negligence arising from or related to your attendance at CCH. Dyad LLC reserves the right, at your expense, to assume the defense and control of any matter for which you are required to indemnify DYAD LLC, and you agree to cooperate with DYAD LLC’s defense of these claims. DYAD LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon DYAD LLC learning of any such claim, action, or proceeding. You agree that you will participate only in CCH activities that you are qualified to participate in. You are aware that CCH will be conducted in facilities open to the public. You agree and warrant that if at any time you believe conditions of any CCG activity to be unsafe, you will immediately discontinue further participation in any such activity. You intend and desire for this Liability Release and Waiver to be interpreted as broadly as permitted under Hawaii law, or if Hawaii law is inapplicable, under such other applicable law. This Liability Release and Waiver does NOT apply to any acts of gross negligence or intentional, willful, or wanton misconduct on the part of any Released Party. If you become ill or are injured during your participation of CCH, you authorize DYAD LLC, the Venue, or any Official Hotel to seek and obtain such emergency or medical services as may be deemed necessary or appropriate at the time, but understand and agree that they shall not be obligated to do so, and that the liability release and waiver above applies to the provision of such emergency or medical care or services. You may be billed and agree to pay for any such services, including ambulance transport.
5. DAMAGE YOU CAUSE. You agree that if you break, deface, damage, or destroy any real or personal property or software, or hurt or injure another person, in connection with your participation in CCH, including but not limited to the property of DYAD LLC, the Venue, any Official Hotel, or the City, you shall be solely and personally liable and responsible for paying any and all costs to repair or replace such property, injury and care of such persons, and incidental or consequential damages relating to the damaged property or personal injury.
6. MODIFICATION OF THESE TERMS OF PARTICIPATION AND POLICIES. We may revise and update our TOP from time to time at our sole discretion. We will notify you when we make changes to our TOP by posting on this page and by revising the “Effective Date” date at the top of this page. All changes are effective immediately when we post them and apply to all access to and participation in CCH. Please check back frequently to see any updates or changes to our TOP. If you do not agree, please discontinue participating in CCH and using the CCH Website.
7. GENERAL TERMS. No waiver or amendment of any provision of these TOP will be effective unless in writing. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TOP WILL BE GOVERNED BY HAWAII LAW, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF HONOLULU,HAWAII, USA; YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. The language in all parts of these TOP shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes that provide for the language of an agreement to be construed against the drafter. If any provision herein is determined to be unenforceable, that provision shall be severed, and all other provisions shall remain in effect. These TOP shall bind and be for the benefit of yourself, DYAD LLC and its affiliates and subsidiaries, and each of the respective party’s heirs, fiduciaries, successors, and assigns. You have not relied upon any promise, representation, or warranty in signing these TOP. These TOP will continue in full force and effect even after the conclusion of CCH. You understand and agree that your electronic submission of agreement to these TOP constitutes an electronic signature that is as legally binding as your signature on a hard copy of the TOP. Further, you agree that no certification authority or other third-party verification is required to validate this electronic signature, and that the lack of such certification or third-party verification shall not in any way affect the legal enforceability of these TOP.
YOU AGREE TO THESE TERMS OF THIS PARTICIPATION AND LIABILITY RELEASE AND WAIVER, AND SUBMIT THIS REGISTRATION FORM VOLUNTARILY, OF YOUR OWN FREE WILL AND FREE OF PRESSURE, DURESS, OR THREAT OF DURESS. YOU HAVE READ THESE ENTIRE TERMS OF PARTICIPATION AND THE DYAD LLC POLICIES AVAILABLE AT WWW.COMICCONHNL.COM/TERMS CAREFULLY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TOP AND LIABILITY RELEASE AND WAIVER, YOU HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. YOU ARE CHECKING THE BOX SAYING THAT YOU AGREE OR SUBMITTING THIS REGISTRATION APPLICATION IS PROOF THAT YOU INTEND AND AGREE TO SIGN AND BE FULLY BOUND BY A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY OF THE RELEASED PARTIES TO THE FULLEST EXTENT OF THE LAW.