Terms and Conditions
By purchasing a pass (the “Pass” or “Event Pass”), you acknowledge that you have chosen to participate in the Baychata Festival event by Baychata Festival LLC (the “Event Providers”), a limited liability company. You acknowledge that you are going to take part in all or some of its dancing activities and/or other recreational activities at the DoubleTree Hilton hotel in San Jose,California , and any other studios, nightclubs, or venues at which we choose to host the Event. You understand that your participation in these activities poses risks of injury and in some cases, death. Other risks include those associated with the use of the facilities, including walking around the property and parking lots, and participating in dancing lessons, social dancing, dancing competitions, and special Events (collectively, “Use of the Facilities”). Despite these risks and all other risks, and to the fullest extent allowed by law, you agree to assume all risks of injury or death that might be associated with or arise out of your participation in the Event or Use of the Facilities. You further understand that during your participation in the Event you are solely responsible for knowing and understanding your own ability to dance and perform strenuous physical movements.
In consideration for being allowed to participate in the Event and use the facilities, YOU AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Baychata Festival LLC, doing business as Baychata Festival, or any of their parent companies, subsidiaries, owners, employees, agents, volunteers, dance instructors, the studio, resort, or nightclub, for injury or death resulting from your participation in the Event or the Use of the Facilities, regardless of the cause, to the fullest extent allowed by law, including alleged negligence. You further agree to defend, indemnify and hold harmless Baychata Festival LLC, doing business as Baychata Festival for any claims, lawsuits, damages, attorney fees, costs or judgments for personal injury or personal property damage or theft related in any way to your participation in the Event or Use of the Facilities.
YOU UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply whenever you participate in the Event or use the facilities at DoubleTree Hilton San Jose or any studio/venue which organizer host events. You understand that this RELEASE OF LIABILITY will prevent you, or your heirs from filing suit or making any claim for damages in the Event of injury or death from your participation in the Event or Use of the Facilities. Additionally, in the event that you file, or your legal representative files a claim or a lawsuit arising out of participation in the Event or the Use of the Facilities at the studio, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Baychata Festival LLC, doing business as Baychata Festival, for any damages, attorney’s fees or costs arising out of such a claim or a lawsuit. With a full understanding of this agreement, you nevertheless enter into this agreement freely and voluntarily and agree that it is binding upon you, your heirs, assigns and legal representatives. You understand and agree that this agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable.
Recording, Transmission and Exhibition.
You agree that the Event for which you purchase Passes is a public Event, that our appearance and actions inside and outside the venue where the Event occurs are public in nature, and that you have no expectation of your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf. By attending this event, you authorize the organizer to use photography or videography footage of you for social media or promotional purposes.
You Are Subject to Search.
You and your belongings may be searched on entry to the Event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, weapons, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
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COVID-19 VIRUS LIABILITY WAIVER AGREEMENT
COVID-19 VIRUS LIABILITY WAIVER AGREEMENT IS MANDATORY FOR ALL PARTICIPANTS AT THE BAYCHATA SENSUAL DANCE EVENTS. NO EXCEPTION.
I desire to participate in the Baychata Festival events produced by Baychata Festival LLC and its affiliate companies and in consideration of being allowed to participate, I agree as follow:
I agree to follow all Baychata Festival policies and procedures regarding COVID-19. I understand that even if I follow all policies and procedures, I may still contract this virus. Participation in this Event is my will and I fully understand this risk. I understand that I may be removed without any refund from the Event if I do not comply with the policies and procedures. The Baychata Sensual organization reserves the rights to remove me and/or anyone at any time with or without any causes.
I agree to follow the CDC/California state/county/city requirements and guidelines regarding the mask policy in all public spaces if required during the Event. I agree to practice social distancing in the event that COVID requirements are posed by the city whenever feasible and wash/sanitize hands frequently.
I will not participate in the Baychata Sensual events while I have Covid-19 or any of the following symptoms: (Dry cough or shortness of breath), a fever of 100 degree or higher, sore throat, chilled body, fatigue or ache, loss of taste or smell, headache, congestion and running nose, nausea, vomiting or diarrhea. I understand that COVID-19 is contagious and I may contract COVID-19 even if I follow all the procedures and have taken all precautions above. I AGREE TO ASSUME ALL RISKS RELATED TO COVID-19 VIRUS. I fully assume all risks to person and property in connection with my participation to the Baychata Sensual events including but not limited to property damage and loss, bodily injuries, sickness, disease and potentially death.
I fully RELEASE, WAIVE and DISCHARGE and covenant not to sue, Baychata Festival (including but not limited to its Event Providers, companies, owners, producers, directors, advisors, volunteers, staff, employees and representatives, the hotel, the venue, and friends from, including but not limited to court costs, attorney’s fees, from any cause whatsoever, including but not limited, to property damage and loss, bodily injuries, sickness, disease and death directly or indirectly due to COVID-19, or any virus that may be present, whether or not contributed to by the negligent acts or omissions of the Baychata Sensual or others.
I have read and fully understand this COVID-19 Liability waiver agreement and agree that this is legally binding and enforceable upon me and my family, estate, heirs, and legal representative.
This Agreement shall be governed by and construed in accordance with the laws of the State of California regardless of the fact that any of the parties hereto may be or may become a resident of a different country, state, or jurisdiction. Any suit, action, or proceeding arising out of, or with respect to, this Agreement shall be filed in a court of competent jurisdiction within the County of Santa Clara, State of California. The parties hereby consent to the personal jurisdiction of such courts within the County of Santa Clara, State of California. The parties hereby waive any objections to venue in such courts with Santa Clara County, State of California.
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I have read all of the above and agree to abide by these terms and conditions for the 2024 and/or 2025 Baychata Festival events. If I would like a printed copy of these terms and conditions to keep, I have received one.
By purchasing a Pass to this Event, I agree to be bound to all of its terms and conditions. By purchasing a Pass for this Event, on behalf of a minor, I agree that I am an authorized parent or guardian of the minor and agree to bind the minor to all of the document’s terms and conditions. By purchasing a Pass to this Event, I understand that I may be found by a court of law to have forever waived my right and/or the right of the child(ren)/ward(s) on behalf of whom I am signing to maintain any action against Baychata Festival LLC and the other persons and entities described above on the basis of any claim from which I have released Baychata Festival LLC and all additional released parties herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless Baychata Festival LLC and all other released parties described herein from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by me and / or the child(ren) / ward(s) on behalf of whom I am signing as a result of the participation in Event and Use of the Facilities by myself and/or child(ren)/ward(s), and/or claims asserted by myself and/or child(ren)/ward(s), against Baychata Festival LLC and all other released parties described herein related to such participation in the Event and Use of the Facilities. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.