Terms & Conditions
In consideration of being allowed to participate in and attend the 2020 Monolith on the Mesa Event (the “Event” or the “MotM”), I agree to comply with any and all rules, regulations, terms, and conditions of the Monolith on the Mesa Event, including but not limited to the following:
1. I certify that I am physically able to participate in the Monolith on the Mesa Event and in any associated activity or performance and that I have not been advised otherwise by a qualified medical professional.
2. I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of the organizers of the Monolith on the Mesa Event, i.e., Taos Mesa Brewery and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates and/or participants in the Event; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; (g) the widespread use by participants and by Monolith on the Mesa of fire, pyrotechnics, flame effects, explosions, and other similar activities; and (h) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE 2020 Monolith on the Mesa EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD MONOLITH ON THE MESA AND TAOS MESA BREWERY HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF MONOLITH ON THE MESA , TAOS MESA BREWERY, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
3. I understand that during the Monolith on the Mesa Event, art installations, theme camps, vehicles, events, and performances will be held and/or on display, and I understand that most of these activities are not owned or operated by Monolith on the Mesa. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THE OPERATION OF AND/OR MY PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE RELEASE IN SECTION 2 APPLIES TO ANY RELATED INJURY I MIGHT SUSTAIN.
4. I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue Monolith on the Mesa and other participants, sponsors, and if applicable, owners and lessors of equipment, art installations, and premises used to conduct the Monolith on the Mesa Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses that I may have or that may subsequently accrue to me relating to, resulting from, or arising out of my participation in the Monolith on the Mesa, including in any programs, events, art installations, or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. If Monolith on the Mesa applies a claim against me, however, I may file a counterclaim related to the same facts and circumstances. I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of my participation in the Monolith on the Mesa Event, including in any programs, events, art installations, or activities at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
5. By entering the Monolith on the Mesa Event, all participants agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Cameras are welcomed at the Event and have long been an important part of Monolith on the Mesa’s storytelling history.
Participants may use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or Monolith on the Mesa); and (3) posting on personal social media accounts , such as Instagram and Facebook (as long as the post does not promote any commercial product, service, or brand, and the account is not affiliated with any commercial enterprise). I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM Monolith on the Mesa, OTHER THAN PERSONAL USE (as defined above). I understand that I have no right to sell, transfer, license, sublicense, or give my Event Imagery to any other party, except for Personal Use, and I agree to inform anyone to whom I give any Event Imagery that it can only be used for Personal Use.
I assign to Monolith on the Mesa And MONOLITH ON THE MESA LLC, a joint ownership in the copyright to my Event Imagery for the purpose of enabling Monolith on the Mesa And MONOLITH ON THE MESA LLC to enforce that copyright against any third party that displays or disseminates any of my Event Imagery in a manner not authorized by these Terms and Conditions. I appoint Monolith on the Mesa And MONOLITH ON THE MESA LLC as my attorney-in-fact to execute any documents necessary to effectuate such assignment. Monolith on the Mesa And MONOLITH ON THE MESA LLC agrees that it will not utilize this joint copyright to enter into any licensing agreements for the Event Imagery. Since I understand that, in the absence of written permission from Monolith on the Mesa And MONOLITH ON THE MESA LLC, I have no right to sell, transfer, license, sublicense or give any of my Event Imagery to any other party (except for Personal Use), if a third party obtains and uses any of my Event Imagery (other than for Personal Use) without such written permission from Monolith on the Mesa And MONOLITH ON THE MESA LLC, I agree that any permission, license, or right I may have granted this third party is completely void and invalid and that Monolith on the Mesa And MONOLITH ON THE MESA LLC has the absolute right, as joint copyright owner, to require the third party to cease all use of the Event Imagery.
If I post, or allow to be posted, any Event Imagery on a personal website or a website controlled by a third party, even if permissible as Personal Use, I agree that: (1) I will place, or cause to be placed, on any webpage on which such Event Imagery is displayed a notice that (a) the Event Imagery can be used only for the poster’s personal use and not for any other purpose, and (b) the Event Imagery may be downloaded or copied only in accordance with a Creative Commons license that prohibits the licensee from using the Event Imagery for commercial purposes, including CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND (available at http://creativecommons.org/licenses/); (2) I will not license any Event Imagery that contains any nudity or partial nudity (including any imagery in which bare breasts, bare buttocks, genitals, or genital areas are visible); and (3) if Monolith on the Mesa And MONOLITH ON THE MESA LLC notifies me that any Event Imagery must be removed, for any reason whatsoever in Monolith on the Mesa And MONOLITH ON THE MESA LLC’s sole discretion, I will promptly remove or cause to be removed those images. Monolith on the Mesa And MONOLITH ON THE MESA LLC, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Event Imagery in violation of these Terms and Conditions and may cause the removal of such Event Imagery on any webpage on which it is displayed. I understand that use of the Creative Commons’ licenses approved herein does not supersede these Terms and Conditions, nor my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate. Monolith on the Mesa And MONOLITH ON THE MESA LLC forbids any non-Personal Use of Event Imagery containing nudity that is presented in a sexual context and/or without the express written permission of the subjects. Violations or suspected problems of this nature should be reported to firstname.lastname@example.org.
WITHOUT THE PRIOR WRITTEN CONSENT OF MONOLITH ON THE MESA, I UNDERSTAND THAT I MAY NOT USE ANY MONOLITH ON THE MESA INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION, IN MUSIC VIDEOS OR IN POSTS ON COMMERCIAL SOCIAL MEDIA ACCOUNTS), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, unless the use is authorized by these Terms and Conditions or constitutes a fair use under United States law. (For general information about trademarks, copyrights, and fair use, please see: http://ilt.eff.org/index.php/Trademark:_Generaland https://ilt.eff.org/index.php/Copyright:_Fair_Use.)
6. Monolith on the Mesa And MONOLITH ON THE MESA LLC generally permits the use of MotM Intellectual Property, without payment of any license fee, on materials that are given away at or in connection with the MotM Event (“Gift Materials”), with the following conditions: (1) MotM may, for any reason in its discretion, determine that such use is not in keeping with MotM’s quality control, and if so, all such materials shall no longer be distributed; and (2) no Gift Materials may be sold (including to recoup the cost of producing them), exchanged for something of value, or distributed in any manner in which the Gift Materials are likely to be sold or exchanged for something of value.
7. I acknowledge that people are using film, video, and photographic cameras at the Event, and that my image may be captured on film, video, or photographs that may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release MotM from any liability due to such capturing, display, or dissemination.
8. I hereby appoint MotM as my representative to protect my intellectual property or privacy rights, recognizing that MotM has no obligation to take any such action. I understand that if MotM files a lawsuit to protect my intellectual property or privacy rights pursuant to the appointment in this Section, and MotM has information that my specific intellectual property or privacy rights have been violated and also has information as to my identity and my contact information, MotM will make reasonable efforts to notify me of any such action by sending a communication to the contact information in MotM’s possession.
9. I understand that some participants at the Event may engage in expressive activity and dress, which may include partial nudity or nudity and other types of expressive activity. I agree that such expressive activity and dress is neither indecent nor offensive to me, and that I have decided to attend the Event with full knowledge that such 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 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.
10. I understand that children under 18 years of age may attend the Event only accompanied by a parent or guardian, and if I bring a minor to the Event, I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor.
11. I acknowledge that all vehicles, including trucks, trailers, and recreational vehicles, entering the Event are subject to search by Gate staff for stowaways, dogs, guns, live plants, fireworks, handheld lasers, or other prohibited items.
12. I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. I release MotM and all persons participating in any such medical treatment from all responsibility for any such actions.
13. I agree that MotM is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets and vehicle passes are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond MotM’s control.
14. I understand that (1) I must bring enough food, water, shelter, and first aid to survive the duration of the Event in a harsh mesa environment; (2) guns, fireworks, rockets, and other explosives are prohibited; (3) handheld lasers of any kind are prohibited, and mounted lasers are subject to restrictions; (4) this is a LEAVE NO TRACE, pack it IN, pack it OUT event; and (5) I am asked to contribute 2 hours of Taos Mesa Brewery cleanup in addition to cleaning up my own camp.
15. I understand that 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 MotM and permitted by the U.S. Bureau of Land Management (“BLM”) as applicable.
16. Tickets, credentials, and vehicle passes are revocable licenses that may be revoked by MotM for any reason, including without limitation resale for above their face value, plus applicable taxes and MotM-approved fees (“Face Value”), purchasing more than stated limits, or assisting people with unauthorized or un-ticketed entry to the Event.
17. Refund and Cancellation Policy:
All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable.
18. ALL VEHICLES DRIVEN INTO THE EVENT MUST HAVE A VEHICLE PASS displayed in the windshield. I understand that a vehicle pass only grants the ability to drive a vehicle into the Event site and directly to one’s camp location and that a vehicle pass does not grant any additional on-site driving privileges. UNAUTHORIZED DRIVING WITHIN THE EVENT SITE IS PROHIBITED. During a ticket sale, and in any potential separate vehicle pass sale, depending on availability, I may have an opportunity to purchase vehicle passes. The price of a vehicle pass for those staying with a VIP package is $0, and each stand-alone vehicle driven through the Gate must have a vehicle pass. MotM reserves the right to subject the use of vehicle passes to further terms and conditions, which would be published on the MotM website. I understand that vehicle passes are not Event tickets and do not grant any person entry to the Event without a separate Event ticket. Likewise, the purchase of an Event ticket does not include the right to drive a motor vehicle into the Event or reserve a vehicle pass for that ticket holder. I understand that an ATV driver is available from MotM for $100 per $8 hour shift. No ticket refunds will be issued because the ticket holder neglected or was unable to acquire a vehicle pass from BRC.
As part of the ticket purchase process, I understand that I must provide current contact information and a valid credit card. Invalid credit card numbers will be disqualified from participation, and I understand that I will NOT have an opportunity to provide a secondary form of payment.
If I successfully purchase tickets and/or other services, my credit card will be charged automatically for the price of the ticket(s), add on services, a per-item or per-transaction service fee, and any applicable taxes and delivery fees. Once I successfully purchase tickets and/or services and my credit card is charged, I cannot cancel or withdraw my order, and as with all ticket and vehicle pass sales, the sale is final.
For any ticket or services sale or sale registration, if for any reason whatsoever, including computer or software malfunction, mistake or inadvertence, network congestion or crashes, I am not able to purchase any tickets or services through the sale process, or my registration for a sale or the purchase of tickets or vehicle passes is not processed, or I receive a notice that my ticket or vehicle pass purchase or ticket registration is rescinded, revoked, canceled, or made in error and my credit card payment is credited to my credit card account, I waive any claim against MotM and release MotM from any and all liability.
MotM retains the right to cancel, rescind or revoke any ticket purchases or services purchases at any time for any reason whatsoever at MotM’s sole discretion. In alignment with Monolith on the Mesa And MONOLITH ON THE MESA LLC’s Decommodification. I understand that if I sell or attempt to sell a MotM Event ticket or vehicle pass for above Face Value; purchase a ticket or vehicle pass with the intention of reselling it for above Face Value; offer a ticket or service as a reward or prize in any sweepstakes, auction, contest, game, drawing, or fundraising campaign without MotM’s prior written authorization; or offer a ticket or service as part of a travel package that includes shelter, meals, or other amenities at the Event, MotM has the absolute right, in its sole discretion, to cancel all ticket and vehicle pass orders in my name without notice. Once cancelled, the ticket or service will be null and void and will not grant the holder any right to enter the Event, and MotM will not have any liability to refund any of the purchase price to the purchaser or his or her assignee.
19. Will Call and Entry Policy:
To reduce lost tickets, deter the resale of tickets for above Face Value, and encourage the resale of tickets via PAYPAL, if during the ticket purchase process I select to have physical tickets mailed to me, they will be shipped some time after the middle of May 2020. Tickets will ship to the billing address I listed during the sale process, unless I subsequently requested that my order be shipped to a different address. If the ticket website contains a procedure to allow any change of the delivery address, I must make any requests to change the delivery address prior to April 15, 2020. I understand, however, that any such address change may not be processed and my tickets and vehicle passes may ultimately be mailed to the original address I listed, and I release MotM from any liability concerning the tickets or vehicle passes.
Orders with shipping addresses outside of the US and Canada, any tickets for which no delivery address is specified during the ticket registration or ticket purchase process, and, at MotM’s discretion, any orders that are returned to MotM by the shipping provider will be held at Will Call. Will Call tickets are held for pick up at the Box Office located at the front gate of Taos Mesa Brewery. Unless other arrangements have been made with MotM, or the buyer has initiated a transfer of their order into another person’s name through the system operated by MotM’s ticket vendor, only the person under whose name the tickets or vehicle passes were purchased may pick them up at Will Call, and they must present valid legal photo identification in order for tickets or vehicle passes to be released. No refunds will be processed for patrons who do not have valid identification and therefore are unable to pick up Will Call tickets or vehicle passes. No refunds will be issued for participants who do not collect their tickets or attend / are late for their adventure packages.
20. Event Ingress and Egress:
Due to the Event’s remote location, the vehicle capacity limitations of the roads leading to it, and restrictions placed by MotM on maximum population at the Event, I understand that I may be subject to lengthy delays in entering and departing the Event. I will be prepared for long waits on the Mesa during both ingress and egress.
21. These Terms and Conditions shall be governed by and enforced according to the laws of the State of New Mexico without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in Albuquerque,NM, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.
22. I am obtaining tickets and/or adventure add ons for, or providing any tickets and/or vehicle passes to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the tickets and/or vehicle passes, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the tickets and/or vehicle passes I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a ticket to them. If I have obtained a ticket from another person, I also agree to these Terms and Conditions when the ticket or adventure pass is delivered to me.
23. I understand that these Terms and Conditions may be changed by MotM prior to the Event, and if so, the revised Terms and Conditions will apply to me. My use of a ticket or other entry credential for entry to the Event signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the Event.
I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.