Cielos Terms & Conditions
In consideration for and as a condition of being allowed to attend and participate in an event (the “Event”) taking place on certain premises (the “Premises”) leased by Evolver Group LLC dba Cielos (“Cielos”), I agree to comply with all terms and conditions of the Event that are applicable to participants and conveyed to me before or during the Event, including without limitation those contained in this Participant Agreement (the “Agreement”) and the Cielos Participant Code of Conduct, printed on my Event ticket or program, or included in any other materials provided to me by Cielos or any authorized Cielos representative or displayed on the Premises.
I acknowledge and fully understand that as a participant in the Event, I will be engaging in and/or exposed to activities that involve risk of serious injury, including permanent disability and death, property loss, and social, reputational, and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of Cielos (including its owners, officers, directors, employees, agents, assignees, successors, representatives, volunteers, contractors, subsidiaries, and/or affiliates), any owner of the Premises, and/or other Event participants; (b) conditions of the Premises or equipment used thereon, including hidden or latent risks, defects, and dangers; (c) inclement weather; (d) vehicular traffic; (e) wildlife, including animals, insects, and microorganisms; (f) dangerous activities that may take place at the Event and/or on properties adjacent to the Premises; (g) my use of the Premises’ pool facilities, if applicable; and (h) other dangerous conditions inherent to group gatherings in rural locations. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I certify that I am physically able to participate in the Event and in any associated activity or programming, and that I have not been advised otherwise by a qualified medical professional.
I understand that the Event may feature a variety of activities and other programming, including without limitation fire performances and other inherently dangerous activities (collectively, “Programming”), and I acknowledge that most Programming is not owned or operated by Cielos or any owner of the Premises. I knowingly and voluntarily assume all risk of loss, theft, or damage to any property or personal injury, including serious injury or death, that may occur by attending the Event; and I accept full responsibility and liability for my attendance at the Event.
I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY FOREVER WAIVE, RELEASE, DISCHARGE, AND AGREE TO HOLD HARMLESS AND NOT TO SUE CIELOS, INCLUDING ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNEES, SUCCESSORS, REPRESENTATIVES, VOLUNTEERS, CONTRACTORS, SUBSIDIARIES, AND/OR AFFILIATES; ANY OWNER OF THE PREMISES; OTHER EVENT PARTICIPANTS; AND ANY OWNERS AND LESSORS OF EQUIPMENT OR PREMISES USED TO CONDUCT THE EVENT OR RELATED ACTIVITIES (COLLECTIVELY, “RELEASEES”) FOR ANY AND ALL CLAIMS FOR DAMAGES, INJURIES, LOSSES, LIABILITIES, AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER THAT I MAY HAVE OR THAT MAY SUBSEQUENTLY ACCRUE TO ME RELATING TO, RESULTING FROM, OR ARISING OUT OF MY ATTENDANCE AT THE EVENT, INCLUDING WITHOUT LIMITATION MY PARTICIPATION IN ANY PROGRAMMING OR USE OF THE PREMISES’ POOL FACILITIES (EACH A “CLAIM”), EVEN IF THE CLAIM ARISES FROM THE NEGLIGENCE OF CIELOS, ANY OWNER OF THE PREMISES, OR A THIRD PARTY.
I expressly waive all rights I may have under Section 1542 of the California Civil Code, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Notwithstanding the foregoing, if a Releasee files a Claim against me, I may file a counterclaim related to the same facts and circumstances. I intend that the waiver and release of liability contained in this Participant Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I agree to indemnify, defend, and hold Releasees harmless from and against any and all third-party Claims related to my attendance at the Event.
Media Policy. By entering the Event, all participants agree to the following media policy applicable to any media recorded at the Event, including without limitation photographs and videos (“Event Media”). Cielos monitors dissemination of Event Media to protect participants’ privacy and prevent unauthorized commercial uses.
I acknowledge that as a participant in the Event, my image or voice may be recorded on film, video, audio, or other media that may subsequently be displayed or distributed without my consent or payment of compensation to me, and I release Cielos from any liability due to such recording, display, or distribution.
If I use a camera or any other recording device at the Event, I agree that I am responsible for obtaining unambiguous consent from any identifiable subjects before recording them. I will not interfere with the experience of Event participants, and if I am asked to stop recording, I will do so immediately.
Without the prior written permission of Cielos and any identifiable subject, Event Media may only be used for “Personal Use,” defined to include sharing with friends and family (provided they also comply with this paragraph) and posting on personal websites and social media (provided the post or account does not sell or promote any product, service, or brand, and does not purport or appear to be affiliated with or endorsed by Cielos). I understand that I have no right to make any other use of Event Media — including my personal recordings, if any — unless I have obtained all such authorizations. I agree to apply to Cielos for permission in advance if I wish to record Event Media for any commercial or professional purpose.
Cielos Trademarks and Copyrights. I acknowledge that (a) the Cielos name, logo, and other symbols are protected trademarks of Cielos; (b) any written or recorded materials regarding the Event or its Programming distributed or displayed by Cielos prior to or during the Event are the copyrighted materials of Cielos unless otherwise indicated; and (c) Cielos has the exclusive right to license and enforce its trademarks and copyrights along with its other intellectual property (collectively, “Cielos Intellectual Property”). Without the prior written consent of Cielos, I understand that I may not use any Cielos Intellectual Property or Event Media in any advertisement or promotional material (including without limitation in posts on commercial social media accounts), unless the use is authorized by this Agreement or constitutes a fair use under United States law.
Age Restrictions. I acknowledge that Event attendance may be subject to a minimum-age restriction, which will be posted on the Cielos website in advance. I understand that if children under 18 years of age are permitted to attend the Event, they must be accompanied by a parent or legal guardian. If I bring any minor child to the Event, I agree to all terms of this Participant Agreement on behalf of that minor child.
I understand that the Event may include expressive activities and dress that involve partial or full nudity by some participants. I agree that such expressive activity and dress is not indecent or offensive to me, and that I have decided to attend the Event with full knowledge and consent that such expressive activity and dress may occur. If minor children are permitted at the Event and I bring any minor child to the Event, I understand and agree that I have exercised parental responsibility, discretion, and control in doing so, and I have made a choice that the minor child may be exposed to the expressive activities and dress that take place at the Event, including partial or full nudity. Should I find that any activity at the Event is offensive to me, or to any minor child in my care, I acknowledge that I/we can avoid such activity by leaving the vicinity of the activity or leaving the Event. I understand that tickets are not refundable if participants choose to leave the Event early for this or any other reason.
I ACKNOWLEDGE THAT ACCOMMODATIONS AT THE EVENT MAY BE MIXED-GENDER AND/OR MIXED-AGE. If I do not wish to share my accommodations with participants of a gender or age group other than my own, I may submit a written request to Cielos for alternative accommodations prior to purchasing a ticket or attending the Event. Cielos may or may not fulfill my request in its sole discretion subject to availability. I agree that if alternative accommodations are not available, I may choose not to attend the Event, and I understand that Event tickets are nonrefundable for any reason.
I acknowledge that all vehicles and accommodations are subject to search by Event staff for people without valid entry credentials, dogs or other animals (except qualified service animals), weapons (including without limitation guns, knives, bows and arrows), fireworks or explosive devices, handheld lasers, voice/sound amplification devices, and other prohibited items.
I agree that Cielos is not liable for any delays or cancellations of the Event or any Programming component thereof due to any cause beyond Cielos’ control including without limitation weather; natural disaster; health epidemic or pandemic; unavailability of communication or utility services; war, riot, or labor difficulties; supplier failures; national or local emergency; federal, state or municipal law or regulation; damage to or destruction of Event facilities or locations; or denial of required permits or permissions (each a “Force Majeure Event”). I understand that Event tickets and fees are nonrefundable even if the Event is terminated early or canceled, or if entry conditions, Programming, accommodations, or meals are modified in whole or in part due to a Force Majeure Event.
I understand that the Event is subject to all applicable local, state and federal laws, including those relating to controlled substances, and that I risk being cited, arrested and/or evicted from the Event if I violate the law. I acknowledge that Cielos does not promote or condone illegal activity of any kind.
I understand that this Event practices LEAVE NO TRACE principles. I agree to pack OUT whatever I pack IN to the Event. Lost or misplaced items will be disposed of.
I understand that commercial activities of any kind, including without limitation selling any goods or services or engaging in marketing or brand promotion at the Event, are expressly prohibited except as authorized by Cielos in writing.
I understand that unauthorized driving within the Event site is prohibited. Vehicles must be driven directly to the designated parking area and remain parked there, unless Cielos has agreed to other arrangements for a particular vehicle in writing in advance.
I understand that if my vehicle is disabled or abandoned on the Premises, or on private property leading up to the Premises, my vehicle may be towed and stored or impounded, and I expressly release Cielos and its agents from liability for any damage to my vehicle that may result from the towing process. To help mitigate traffic issues, Cielos reserves the rights to limit the number of vehicles permitted to enter the Event and to subject the entry, parking, and use of vehicles to further terms and conditions.
Cielos contracts with one or more third parties to provide ticketing services for the Event. Cielos does not promise that any ticketing website or Event information webpage will be error-free or uninterrupted. Such websites, content, and services are delivered on an AS-IS and AS-AVAILABLE basis, and CIELOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CIELOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF A TICKET WEBSITE OR EVENT INFORMATION PAGE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES.
Refund Policy. ALL SALES ARE FINAL AND NO REFUNDS WILL BE ISSUED FOR ANY REASON.
This Participant Agreement and the rights and obligations of the parties will be governed by and construed according to the laws of the State of California, without regard to the choice of law provisions that would require the application of the laws of another jurisdiction.
MANDATORY ARBITRATION PROVISION: I VOLUNTARILY AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING THE BREACH THEREOF) OR THE EVENT (INCLUDING CLAIMS FOR PERSONAL INJURY OR DEATH), THE AMOUNT OF WHICH EXCEEDS THE JURISDICTIONAL LIMITS FOR SMALL CLAIMS ACTION UNDER CALIFORNIA LAW, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA).
UNLESS OTHERWISE AGREED BY ALL PARTIES, THERE SHALL BE A SINGLE ARBITRATOR, TO BE APPOINTED BY THE AAA, AND THE ARBITRATION SHALL BE CONDUCTED IN CALIFORNIA (WITH REMOTE PARTICIPATION AS MAY BE PERMITTED BY THE ARBITRATOR). THE ARBITRATOR SHALL APPLY CALIFORNIA LAW AND SHALL BE EMPOWERED TO GRANT PRELIMINARY AND PERMANENT EQUITABLE RELIEF IN ADDITION TO AWARDING DAMAGES. EACH PARTY SHALL HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL AT ARBITRATION, AND THE PREVAILING PARTY IN ANY ARBITRATION OR LAWSUIT SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS’ FEES AND COSTS.
THE PARTIES AGREE TO ABIDE BY ALL DECISIONS AND AWARDS RENDERED IN THE ARBITRATION AND TO GIVE UP THEIR RIGHT TO A COURT AND JURY TRIALS. DECISIONS AND AWARDS RENDERED BY THE ARBITRATOR, INCLUDING ANY DECISION ABOUT WHICH PARTY SHALL PAY COSTS AND/OR ATTORNEYS’ FEES, SHALL BE FINAL AND CONCLUSIVE AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF AS A BASIS OF JUDGMENT AND OF THE ISSUANCE OF EXECUTION FOR ITS COLLECTION.
Any small claims action must be brought in the superior court of Santa Barbara County, California. If either party determines in good faith that injunctive relief is needed, that party may seek such injunctive relief in state or federal court located in Santa Barbara County, California, and both parties consent to the personal jurisdiction of those courts.
I understand that this Participant Agreement may be changed by Cielos prior to the Event, and if so, the revised Participant Agreement will apply to me. The most current version can be found at https://www.cielos.co/terms-and-conditions. My entry to the Event signifies my binding agreement to the Participant Agreement in effect at the time of my entry to the Event.
I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS PARTICIPANT AGREEMENT, WAIVER AND RELEASE OF LIABILITY, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS FOR MYSELF AND OTHERS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.