Event Terms

These Event Terms (available at founderball.org) together with the Code of Conduct (available at founderball.org) (the “Agreement”) by and between Founder Ball Inc. and all its affiliates (together, “Company”, “us”, “we”, and “our”) and you, the individual or entity (“you”, “your”, and “User”) governs your attendance and/or participation in any event, gathering, meet-up, retreats, service, activities, programs, facilities, equipment, products, and/or experiences, whether virtually, or in-person, or similar hosted, directly or indirectly, by or based, in whole or in part, on the efforts of the Company, which may be advertised, promoted, published, or otherwise described at founderball.org, on social media, using a third party service, by word of mouth, or otherwise  (an “Event”).  PLEASE READ THIS AGREEMENT CAREFULLY.  

By attending an Event, you hereby agree to be bound by the terms of this Agreement.

You must read, agree with and accept all of the terms and conditions contained or expressly referred to in this Agreement, before you may attend or participate in an Event.

You are advised to revisit the Agreement, and all its components, periodically to familiarize itself with any changes to the terms and conditions therein.  

For the purposes hereof, “Claims” means any and all claims, demands, actions, suits, proceedings, causes of action (whether at law, in equity, or otherwise), judgments, debts, liens, obligations, liabilities, losses, damages (including but not limited to direct, indirect, incidental, consequential, special, exemplary, and punitive damages), costs, expenses (including attorneys’ fees, court costs, expert fees, and costs of investigation), penalties, fines, and any other relief of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, contingent or fixed, matured or unmatured, liquidated or unliquidated, accrued or unaccrued, asserted or unasserted.

Tickets   

All Event tickets, wristbands, passes, permissions, authorizations and entry methods (whether physical, digital, or verbal, and whether for a patron or their vehicle) (collectively, “Tickets“) are subject to this Agreement. By accepting possession or by using any Ticket or by entering the Event, you agree to all terms and conditions herein and are legally bound to comply with this Agreement. The original Authorized Purchaser (as defined below) and any Authorized Recipient (as defined below) agrees to inform all of their respective guests of this Agreement with due diligence. We reserve the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time.

Election to Convert Ticket

You understand that the Company may present you with an option, not an obligation, to elect to convert your Ticket and any amounts paid therefor to a defined asset, credit, subscription, or otherwise (the “Conversion”). You agree and acknowledge that there may be additional terms and conditions that you are subject to with respect to your Conversion and you are required to accept those terms and conditions prior to effecting the Conversion. The terms and conditions of any Conversion will be presented to you separately.

Requirements

You understand that the Event shall be presented in accordance with applicable venue policies, protocols, procedures, terms and conditions, laws, mandates, directives, orders, rules, public health, safety and security policies, including local public health and safety policies and applicable government guidelines, as of the date of such Event and which may change at any time as determined by federal, provincial, state, or local government agencies or instrumentalities, the venue operator, artists and/or the Event producer/promoter (the “Requirements”); such Requirements may include, without limitation, changes to capacity, attendance procedures and entry requirements, and other protective measures. If you do not comply with any of the Requirements, then you may be denied attendance and/or participation in the Event and/or you may be required to leave the Event you will not be entitled to a refund. Please visit the Event website for the most up-to-date Requirements for any Event.

Purchases   

If you wish or are otherwise required to purchase any product or service made available at, through, or in connection with the Event, including a Ticket (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.   

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.   

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Payment Method 

A valid payment method, including credit card, debit card, or PayPal, is required to process all fees mentioned herein, unless otherwise permitted by the Company. You shall provide us with accurate and complete billing information including, as applicable, full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all fees outlined in this section incurred through your account to any such payment instruments.  

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.   

Fee Changes  

We, in our sole discretion and at any time, may modify any of the fees mentioned herein (any of which being a “Fee Change”). Any Fee Change will become effective at the end of the then-current Billing Cycle.  

We will provide you with a reasonable prior notice of any Fee Change to give you an opportunity to terminate your usage before such Fee Change becomes effective.  

Refunds  

Except when required by law, all fees mentioned herein are non-refundable.

License

Tickets evidence a revocable, non-exclusive, non-transferrable, non-sublicensable license to attend and/or participate in the Event (a “License”). Violation of this Agreement may result in revocation of the License without prior notice.

The License of any Ticket is for use by the original authorized purchaser and, as applicable based on the Event, their invited guest(s) only (each an “Authorized Purchaser“), and are not transferable by the Authorized Purchaser, any of their invited guests, or any other person. Likewise, all Tickets provided to performing artists, production personnel, vendors, sponsors, and other guests of the Company (each an “Authorized Recipient“), are for use by the Authorized Recipient and his or her invited guest(s) only, and are not transferable by the Authorized Recipient, his or her invited guest(s), or any other person. For the absence of doubt, Authorized Purchasers and Authorized Recipients are included, individually, in the definitions of “you”, “your”, and “User”. Tickets obtained from unauthorized sources may be counterfeit and are worthless.

Transfer of Tickets

Except as provided herein, Tickets, and the Licenses related thereto, may not be sold, transferred, or used for any form of commercial or trade purposes, including but not limited to promotions, contests, commercial or advertising purposes, housing, hotels, vacation rentals, sweepstakes, charitable giveaways, or other activities absent the prior written consent of the Company. 

Resale or attempted resale of Tickets is grounds for termination of the License and cancellation of the Ticket, without refund.

Authorization of Images and Likeness

You grant to the Company and its designees an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable license and right to use, reproduce, modify, distribute, display, perform, publish, broadcast, transmit, create derivative works from, and otherwise exploit the your name, likeness, image, voice, photograph, video, testimonial, biographical information, and any other identifying characteristics (collectively, “Likeness”), in any and all media, formats, and channels, whether now known or hereafter devised, for any lawful commercial or non-commercial purpose, including but not limited to advertising, marketing, promotional, editorial, and educational purposes, without additional compensation, notice, or consent.

You waive any right to inspect, review, or approve any use of the your Likeness and waives any claim for compensation for such use, and releases the Released Parties from any Claims arising from such use, including but not limited to Claims based on right of publicity, right of privacy, defamation, false light, or misappropriation.

All intellectual property, materials, content, and works created by the Company or at the Company’s direction in connection with the Activities shall be the sole and exclusive property of the Company.

Ownership and Use of the Event’s Intellectual Property

Any proprietary and intellectual property rights in and to the Event, including any content thereon, such as logos, photographs, videos, text, information, graphics, icons, images, as well as the selection, assembly and arrangement thereof and related materials, Company’s trademarks, trade names, copyrightable materials, designs, “look and feel,” all whether or not registered and/or capable of being registered (“Content”), are the property of Company and/or its licensors and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge and agree that you have no right, license, or authorization with respect to the Content except as expressly set forth in this Agreement. Nothing in this Agreement gives you the right to use Content without the Company’s prior written consent.  You agree not to make use of the Content except for nominative fair use or with prior written permission from the Company.

Photography and Video Equipment

You may bring personal, non-commercial, photography devices into the Event and may use these devices to obtain short-form video and still photographs, at the sole and absolute discretion of the Company (collectively “Personal Content“). By way of example, personal, non-commercial, photography and video devices include, but are not limited to, cell phones, small digital or film cameras (without a detachable lens).

Without the express prior written permission of the Company, you may not bring any of the following devices into the Event: any photography device which is designed for, or suitable for, any commercial purpose, selfie sticks, tripods, monopods, boom arms, any device which could be used to mount or hold a photography device or could be used to extend your reach. The Company reserves the right, in its sole discretion, to prohibit any device it believes may be used in violation of this Agreement, which it believes poses a safety risk, or which it believes may lessen the enjoyment of the Event by others.

YOU MAY NOT MAKE ANY COMMERCIAL USE OF ANY PERSONAL CONTENT WITHOUT OUR PRIOR WRITTEN PERMISSION. By way of example, commercial use may include, but is not limited to, posting Personal Content on a website that sells a product, or displays any ads or sponsored links; using or causing Personal Content to appear in any publication, magazine, serial, or book; using Personal Content to sell, sponsor, or endorse a product; or using Personal Content on any website that is or appears to be affiliated or associated with, or sponsored by the Event or us. We reserve the right to prohibit any use of Personal Content which we believe is in violation of this Agreement. We in our sole discretion may determine what constitutes a commercial use not permitted by this Agreement.

You may use Personal Content for your own direct, non-commercial, use. Examples of direct, non-commercial use include, but are not limited to, posting Personal Content on your own personal social media account (e.g., TikTok, Facebook, Instagram, or X); posting Personal Content to personal website or personal content sharing site (unless the account, personal website or personal content sharing site is affiliated or associated with a commercial use); and sharing Personal Content with your personal friends or family (whether in electronic or physical media). Without the express prior written permission of the Company, you may not sell, transfer, license, sub-license, give or otherwise transfer any Personal Content or ownership therein.

Assignment of Copyrights

Unless otherwise expressly agreed to in writing by the Company, or in violation of any law, regulation, rule, you assign to the Company the exclusive ownership to your Personal Content and to any audio recordings taken at the Event. The Company may execute any assignment documents on your behalf as necessary to perfect the Company’s ownership of Personal Content, and you appoint the Company as your attorney-in-fact to execute any such document on your behalf. You further acknowledge, agree to, and consent to the Company registering the copyright with one or more copyright authorities, including but not limited to the Canadian Intellectual Property Office, the United States Patent and Trademark Office, and listing your contribution as anonymous.

The Company, as the copyright owner, has the right, but not the obligation, and at its sole discretion, to enforce its copyright rights in any Personal Content or audio or video recordings taken at the event not permitted by the Terms. 

The Company, as the copyright owner, assigns to you the non-exclusive right to use your Personal Content for your own direct, non-commercial, use as permitted by this Agreement. All other rights not assigned by the Company to you are retained by the Company. Any violation of this Agreement shall be grounds for the Company to cancel any assignment pursuant to this section, to you.

Property and Belongings

The Released Parties shall not be responsible or liable for any loss, theft, damage, or destruction of your personal property, including but not limited to vehicles, equipment, electronics, jewelry, clothing, or other personal belongings, regardless of the cause.

You shall be solely responsible for any damage to the Company’s property, facilities, or equipment caused by your acts or omissions, and shall reimburse the Company for all costs of repair or replacement.

Event Details & Changes

Any detail related to any Event, including but not limited to the time, location, length, attendance, key persons, format, topic, pricing, capacity, etc. are subject to change without notice. We reserve the right to cancel, withdraw, change, or alter the Event and any party thereof, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Event is unavailable at any time or for any period or if the Event, or any part thereof, materially changes.

Medical Consent

You represent and warrant that you are in good physical and mental health and are physically and mentally capable of participating and/or attending the Event. You have no known medical conditions, physical or mental limitations, or disabilities that would prevent or restrict participation or that would pose a risk to you or others, except as disclosed in writing to the Company.

In the event of an emergency, you authorize, but do not obligate, the Company together with its parent companies, subsidiaries, affiliates, successors, assigns, officers, directors, managers, members, shareholders, partners, employees, agents, representatives, volunteers, contractors, subcontractors, vendors, and insurers (the “Released Parties”) to secure emergency medical treatment, transportation, and evacuation at the your sole cost and expense. You release the Released Parties from any Claims arising from the provision of, or failure to provide, medical treatment, first aid, or emergency services.

You acknowledge that the Released Parties are not medical professionals and are not responsible for diagnosing, treating, or managing any health condition.

Assumption of Risk

You understand and agree that there are certain risks of personal injury, property damage, illness, virus, and/or death associated with attending the Event. You understand and agree (a) that the above risks cannot be fully eliminated, (b) that an inherent and elevated risk of airborne illnesses and/or any other virus exists in any public place or place where people are gathered, (c) that attending the Event may involve coming into close contact with other people, (d) that there is no guarantee, express or implied, that you will not be exposed to any of the above risks and (e) that exposure to any of the above risks can result in being subject to illness, disability, and other short-term and long-term health effects, including death.

Despite these risks, you voluntarily, willingly, without coercion or undue influence of any kind, assume ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the Event. By accepting possession or by using any Ticket, your expressly assume all risks and dangers arising from or incidental to the Event, whether such risks occur before, during, or after the Event and agree that the Released Parties are not responsible for any such risks and dangers.

Waiver & Release

You forever expressly agree that you assume all risks in connection with your respective access and participation in the Event and all parts thereof; and, you expressly waive and release the Released Parties (as defined above) from, and hold them harmless from and against, any and all liability, Claims, causes of action, losses, expenses, or damages (whether arising in law or equity, including but not limited to special, consequential, indirect, punitive, and exemplary damages, and including but not limited to economic loss, business disruption, and/or attorney’s fees) arising from or in any way related to the Event or any part thereof. You expressly waive all such Claims against the Released Parties.

Limitation of Liability & Indemnification  

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO, THE COMPANY AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH:

1. YOUR PARTICIPATION IN OR ATTENDANCE TO THE EVENT,
2. YOUR PRESENCE AT, ON, OR USE OF THE PREMISES AT WHICH THE EVENT MAY BE HELD,
3. ANY ACT, OMISSION, NEGLIGENCE, OR WILFUL MISCONDUCT OF YOURS,
4. ANY BREACH OF THIS AGREEMENT BY YOU,
5. ANY CLAIM BY A THIRD PARTY ARISING OUT OF OR RELATED TO YOUR ACTS, OMISSIONS, OR PARTICIPATION IN OR ATTENDANCE TO THE EVENT,
6. ANY CLAIM BY YOUR MINOR CHILDREN, THEIR DEPENDENTS, HEIRS, ESTATES, OR ASSIGNS,
7. OTHERWISE AS RELATED TO THIS AGREEMENT OR THE EVENT,

INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, PROVINCIAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE LESSER OF (1) THE AMOUNT PAID BY THE CLAIMANT FOR THE TICKET AND (2) FIVE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

The indemnification obligations hereunder include, without limitation, all attorneys’ fees, expert witness fees, court costs, costs of investigation, costs of mediation and arbitration, settlement amounts, judgments, interest, penalties, and all other costs and expenses of whatever nature. The indemnification obligations herein shall survive the termination, cancellation, or expiration of this Agreement and shall not be limited by reason of any insurance maintained by the Released Parties. 

Disclaimer of Warranty

NONE OF THE INFORMATION, SERVICE, OR MATERIALS OFFERED AT, THROUGH, OR IN CONNECTION WITH THE EVENT CONSTITUTE AND ARE NOT INTENDED TO CONSTITUTE ADVICE OF ANY KIND AND YOU SHOULD NOT ACT OR REFRAIN FROM ACTING BASED ON ANY INFORMATION, SERVICE OR MATERIALS PROVIDED IN THE SERVICE. ALL CONTENT ON THE SERVICE IS INFORMATION OF A GENERAL NATURE AND DOES NOT ADDRESS THE UNIQUE CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR BUSINESS. YOU ARE STRONGLY URGED TO CONSULT WITH YOUR OWN ADVISORS AS TO ALL QUESTIONS YOU MAY HAVE.  

THESE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OUTCOME OR QUALITY OF THE EVENT, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR ATTENDANCE AND/OR PARTICIPATION AT THE EVENT AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. 

Restrictions

No sponsorship, on-site marketing, sampling, vending, coupon/product distribution, or other promotional activity may be conducted at the Event (inclusive of related spaces, lobby, hallways, throughways, adjacent spaces, parking lots, etc.), absent the prior written approval of the Company in each instance. Any Tickets used in violation of this provision shall be deemed revoked and void, and their bearers deemed trespassers at the Event.

Reservation of Rights

The Company reserves all rights not expressly granted to you. 

Representations and Warranties of the Participant

You represent and warrant that:

(a) you are at least eighteen (18) years of age and legally competent to enter into this Agreement, or, if a minor, this Agreement has been signed by the Participant’s parent or legal guardian;

(b) you have carefully read, fully understand, and voluntarily agree to all terms and conditions of this Agreement;

(c) you have had the opportunity to consult with legal counsel before executing this Agreement;

(d) you have not been coerced, pressured, or unduly influenced to sign this Agreement;

(e) you have truthfully and completely disclosed all relevant medical conditions, allergies, physical limitations, or disabilities;

(f) you have the full right and authority to enter into this Agreement and to bind themselves to its terms; and

(g) this Agreement constitutes the legal, valid, and binding obligation of you, enforceable in accordance with its terms.

Parent or Legal Guardian Agreement (for minors)

If you are under the age of eighteen (18), your parent or legal guardian (the “Guardian”) hereby: (a) consents to your participation in and/or attendance of the Event; (b) agrees to be bound by all terms and conditions of this Agreement on behalf of you; (c) releases and waives all Claims on behalf of you as set forth herein; (d) indemnifies and holds harmless the Released Parties from any Claims by you or brought on your behalf; and (e) represents that the Guardian has the legal authority to enter into this Agreement on behalf of you

The Guardian acknowledges that they are personally and individually responsible for the obligations, liabilities, and indemnification provisions contained in this Agreement.

Amendments

We may amend this Agreement, without notice to you, at any time by posting the amended terms on or within the website of the Company or a webpage designated for the Event. It is your responsibility to review this Agreement periodically.  

Your participation and attendance at the Event following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.    

Waiver And Severability  

No waiver by us of any term or condition set forth in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.  

If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.  

Assignment  

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). 

Independent Legal Advice  

You acknowledge and confirm that prior to executing this Agreement, the Company requested that you obtain independent legal advice with respect to the rights, obligations, disclaimers, and notices herein. You confirm and agree that: (1) you have executed this Agreement under their own volition and without any duress whatsoever from the Company or any other person or entity; and (2) if you did not obtain independent legal advice prior to executing this Agreement, you will not in any proceeding relating to the enforcement of rights and obligations under this Agreement raise that as a defense or otherwise.  

Force Majeure  

Neither party shall be responsible for its failure to perform its obligations under this Agreement to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, epidemics, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within a party’s possession or reasonable control, provided that such party gives the other party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance.  

Governing Law

This Agreement shall be governed and construed in accordance with the laws of Ontario, and/or the federal laws of Canada as applicable therein, without regard to its conflict of law provisions.   

Dispute Resolution  

The parties hereto shall initially attempt to resolve all Claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the parties shall hereby irrevocably and unconditionally submit to the jurisdiction of the court in Ontario.