You grant to CJ ENM USA, Inc., and its affiliates, representatives, agents and assigns (collectively, “CJ”), the limited, royalty-free right and permission and license to use, exploit, print, publish, broadcast, reproduce, adapt, and display your name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages and media now known and hereafter developed, on or in connection with CJ, including, without limitation any and all advertising, promotion, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration or limitation as to frequency of use.
You acknowledge and agree that this authorization is intended to satisfy all consent requirements of the California Civil Code sections 3344 and 3344.1, or any other statutes or common law principles of similar effect, and you hereby waive and release any and all claims that you have or hereafter have against CJ under such statutes or any other statutes or common law principles of similar effect. If you have an objection to this consent, please do not attend the FESTIVAL GROUNDS or M COUNTDOWN.
General Waiver, Consent, and Limitation of Liability
By attending a KCON event, you and/or your parent/legal guardian hereby acknowledge and agree to the following terms of this General Waiver, Consent, and Limitation of Liability (the “Waiver”):
- You have read, understand, and agree to abide by the Code, Rules and Policies, which are incorporated into this Waiver as set forth herein.
- You understand and agree that this Waiver, along with the Code, Rules and Policies, apply to you at all times before, during and after attending KCON events.
- You understand and agree that my failure to abide by the Code, Rules and Policies, or any instructions of KCON staff, FESTIVAL GROUNDS venue staff, M COUNTDOWN venue staff, security, officials, officers, or any other persons affiliated with or acting for or on behalf of CJ, KCON, the venues, or the City of Los Angeles, may subject you to forfeiture of your KCON ticket(s) without refund.
- You understand that your attendance and participation in activities at KCON is voluntary and that some activities (e.g., dancing, MEET & GREET, Red Carpet events) may involve risks, including physical injury (temporary or permanent), death, damage to property, loss of property, and other damages or losses. As a condition of you being permitted to attend KCON or participate in any activities, you assume and accept all risks of harm, loss or injury, and waive the right to claim any damages whatsoever resulting from, arising from, or in connection with your attendance at KCON or participation in any activities.
- You understand and agree that CJ shall not be held responsible for any loss or theft of your property during KCON. You understand that it is your responsibility to be mindful of your property at all times.
- You understand and agree that if you damage any real or personal property in any manner or extent during KCON, including but not limited to the property owned by the FESTIVAL GROUNDS venue or M COUNTDOWN venue, you will be solely responsible for the cost of repairs and/or replacement of such damaged property.
- You hereby waive and release, indemnify and forever hold harmless CJ, the FESTIVAL GROUNDS venue, the M COUNTDOWN venue, the City of Los Angeles, their respective parents, affiliates, subsidiaries, and each of their respective officers, directors, partners, members, shareholders, employees, agents, representatives, successors and assigns (the “Released Parties”) from any and all disputes, claims, demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, and/or claims of every kind and nature (“Disputes”), whether known or unknown, in law or equity, that you ever had or may have, arising out of or in connection to my attendance or participation at KCON, including any acts or omissions by third parties such as medical providers, emergency personnel, and food and beverage vendors.
- You acknowledge that you have read and understand the provisions of California Civil Code Section 1542, which provides as follows: “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.” Being aware of such statutory right, by participating in KCON, you expressly waive any rights under California Civil Code Section 1542 as well as any other statutes or common law principles of similar effect.
- You agree that any and all Disputes arising out of or in connection to your attendance or participation at KCON shall be determined by confidential binding arbitration, in accordance with the arbitration rules of JAMS to be held in Los Angeles County, California, before a single neutral arbitrator. You agree that the laws of the State of California shall apply to and govern any Disputes, without regard to its principles of conflicts of laws. No waiver of any breach or default of the terms herein shall be effective unless in writing signed by you and CJ. If any provision herein is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect any other provision hereof, and the invalid or unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
- You consent to CJ collecting, storing, and sharing your personal information as outlined in the Privacy Notice that is available at https://www.kconusa.com/privacy-policy/.
You submit this Waiver of your own free will, free of any pressure, duress or threat of duress. You have read this Waiver carefully, understand it, and understand you are giving up substantial rights, including your right to sue. You agree to be legally bound by it and intend by acknowledgement to be a complete and unconditional release of CJ of all liability to the maximum extent permitted by law. You agree that no certification authority or other third-party verification is required to validate your acknowledgement, and that the lack of such certification or third-party verification shall not in any way AFFECT the enforceability of this Waiver. Your continued attendance of KCON will act as acknowledgement of this Waiver.
Parent/Legal Guardian’s Additional Release for Minor Attendees
You represent and warrant that you are the parent or legal guardian of the minor(s) attending KCON and hereby give permission for your child(ren) to attend and participate in activities at KCON. You acknowledge that you have read this Waiver on behalf of yourself and your minor child(ren), understand it, and understand that you are giving up substantial rights, including your right to sue. You agree to be legally bound by it and intend by acknowledgement to be a complete and unconditional release of all liability to the maximum extent permitted by law.
