SPJA Terms of Participation and Liability Release and Waiver
Effective Date: August 15, 2022
PLEASE READ CAREFULLY THESE TERMS OF PARTICIPATION AND LIABILITY RELEASE AND WAIVER. THE FOLLOWING TERMS OF PARTICIPATION INCLUDE A LIABILITY RELEASE & WAIVER AND ARE A LEGAL CONTRACT BETWEEN YOU, AN INDIVIDUAL PARTICIPANT OR A SINGLE ENTITY, AND THE SOCIETY FOR THE PROMOTION OF JAPANESE ANIMATION (“SPJA”).
By registering or participating in an event produced by SPJA (the “SPJA Event,”), in any capacity, whether as an attendee, panelist, exhibitor, sponsor, or other participant, you confirm that you have read and agree to be legally bound by the following Terms of Participation and Liability Release and Waiver (these “TOP”). These TOP and the SPJA Policies, located at www.spja.org/legal/, apply to your participation and/or registration in the SPJA Event. PLEASE READ THESE CAREFULLY. Failure to agree or comply will deny you access to the SPJA Event. If you do not agree, please discontinue participating in the SPJA Event.
- The terms “you,” “your,” and “yours” refer to you, the person participating in the SPJA Event or using SPJA Event Sites (defined below) and agreeing to these TOP. The terms “we,” “us,” and “our” refer to SPJA and to SPJA’s affiliates and subsidiaries (if any).
- “SPJA Events” include all events produced by SPJA, including, without limitation, the Anime Expo (commonly known and referred to herein as “AX”), anime expo chibi, Project Anime: Los Angeles, and Project Anime: Tokyo.
- “SPJA Event Sites” are the SPJA site (www.spja.org), the Anime Expo® site (www.anime-expo.org), the Project Anime® site (www.project-anime.org), the World Cosplay Summit USA site (http://worldcosplaysummitusa.org), and the AX App and any other SPJA Event mobile applications.
- “Venue” means the facility at which the SPJA Event is held.
- “Official Hotels” are hotels that SPJA has explicitly designated for the SPJA Event.
- The “City” refers to the city in which the SPJA Event is held, such as the City of Los Angeles, Ontario, or Tokyo.
- INDIVIDUALS: IF YOU ARE REGISTERING FOR ANOTHER PERSON, THEN YOU MUST ASK THEM TO READ AND AGREE TO THESE TERMS OF PARTICIPATION. ACCEPTANCE OR USE OF A BADGE, TICKET, OR CONFIRMATION CODE INCORPORATES THESE TERMS OF PARTICIPATION. BY REGISTERING FOR, ATTENDING, VOLUNTEERING, OR PARTICIPATING IN THE SPJA EVENT, OR BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE SPJA EVENT SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF PARTICIPATION AND TO THE LIABILITY RELEASE AND WAIVER INCLUDED HERE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF PARTICIPATION, PLEASE IMMEDIATELY TERMINATE YOUR PARTICIPATION IN THE SPJA EVENT AND YOUR USE OF THE SPJA EVENT SITE.
- ORGANIZATIONS: IF YOU ARE REGISTERING FOR THE SPJA EVENT OR USING THE SPJA EVENT SITE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “PARTICIPATING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT PARTICIPATING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION; (II) HAVE READ AND UNDERSTAND THESE TERMS OF PARTICIPATION; AND (III) AGREE TO THESE TERMS OF PARTICIPATION ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION AND ANYONE PARTICIPATING IN THE SPJA EVENT FOR AND ON YOUR ORGANIZATION’S BEHALF.
- LIABILITY RELEASE & WAIVER.
(a) GENERAL ASSUMPTION OF RISK. You agree that your participation in the SPJA Event, whether as an attendee, panelist, exhibitor, sponsor, or other participant, is voluntary. YOU UNDERSTAND THAT THE SPJA EVENT AND SOME ACTIVITIES AT THE SPJA EVENT, SUCH AS BUT NOT LIMITED TO DANCING, ROLE PLAYING, COSPLAY, PARTICIPATING IN A DEMONSTRATION, BEING ON A STAGE, STANDING IN LINES, AND BEING IN LARGE CROWDS, HAVE INHERENT RISKS AND DANGERS, INCLUDING, BUT NOT LIMITED TO, ACTS OF TERRORISM, DEATH, INJURY AND SERIOUS BODILY HARM TO YOUR PERSON AND/OR PROPERTY. YOU AGREE THAT AS A CONDITION OF YOUR ATTENDANCE AT THE SPJA EVENT AND/OR PARTICIPATION IN ANY ACTIVITY AT THE SPJA EVENT, YOU ASSUME AND ACCEPT ALL RISKS OF HARM, LOSS, OR INJURY TO YOUR PERSON OR PROPERTY THAT MAY ARISE FROM OR BE RELATED TO YOUR ATTENDANCE AND/OR PARTICIPATION IN SUCH ACTIVITY.
(b) ASSUMPTION OF RISK RELATED TO COVID-19 AND/OR COMMUNICABLE DISEASES. You acknowledge that an inherent risk of exposure to COVID-19 and/or communicable diseases exists in any public place where people are present. By participating in the SPJA Event, you and any guests agree that you voluntarily assume all risks related to exposure to COVID-19 and/or communicable diseases. You agree to comply with SPJA Event policies and rules, including but not limited to all social distancing policies, guidelines, signage, and instructions related to COVID-19 and/or communicable diseases.
(c) IN EXCHANGE FOR YOUR ATTENDANCE AT THE SPJA EVENT WHETHER AS AN ATTENDEE, PANELIST, EXHIBITOR, SPONSOR, OR OTHER PARTICIPANT, YOU HEREBY WAIVE AND RELEASE, indemnify, and hold harmless SPJA, the City, the Venue, the Official Hotels, and their respective officers, directors, members, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, attendees, public officials, vendors, successors and assigns (“Released Parties”), from any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, costs, and/or claims of every kind and nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your participation in the SPJA Event (including any harm, loss, or injury to your person or property resulting from such participation as described in paragraph 4.a. above and any exposure or potential exposure resulting from such participation as described in paragraph 4.b. above) or your use of an SPJA Event Site, including acts or omissions by third parties such as emergency or medical providers and vendors of food, drink, or alcohol. You understand and agree that the foregoing specifically waives your right to sue the Released Parties for negligence arising from or related to your attendance at the SPJA Event. SPJA reserves the right, at your expense, to assume the defense and control of any matter for which you are required to indemnify SPJA, and you agree to cooperate with SPJA’s defense of these claims. SPJA will use reasonable efforts to notify you of any such claim, action, or proceeding upon SPJA learning of any such claim, action, or proceeding. You agree that you will participate only in SPJA Event activities that you are qualified to participate in. You are aware that SPJA Events will be conducted in facilities open to the public. You agree and warrant that if at any time you believe conditions of any SPJA Event activity to be unsafe, you will immediately discontinue further participation in any such activity. You intend and desire for this Liability Release and Waiver to be interpreted as broadly as permitted under California law, or if California law is inapplicable, under such other applicable law. This Liability Release and Waiver does NOT apply to any acts of gross negligence or intentional, willful, or wanton misconduct on the part of any Released Party. If you become ill or are injured during your participation of the SPJA Event, you authorize SPJA, the Venue, or any Official Hotel to seek and obtain such emergency or medical services as may be deemed necessary or appropriate at the time, but understand and agree that they shall not be obligated to do so, and that the liability release and waiver above applies to the provision of such emergency or medical care or services. You may be billed and agree to pay for any such services, including ambulance transport.
- DAMAGE YOU CAUSE. You agree that if you break, deface, damage, or destroy any real or personal property or software, or hurt or injure another person, in connection with your participation in the SPJA Event, including but not limited to the property of SPJA, the Venue, any Official Hotel, or the City, you shall be solely and personally liable and responsible for paying any and all costs to repair or replace such property, injury and care of such persons, and incidental or consequential damages relating to the damaged property or personal injury.
- MODIFICATION OF THESE TERMS OF PARTICIPATION AND POLICIES. We may revise and update our TOP from time to time at our sole discretion. We will notify you when we make changes to our TOP by posting on this page and by revising the “Effective Date” date at the top of this page. All changes are effective immediately when we post them and apply to all access to and participation in SPJA Events. Please check back frequently to see any updates or changes to our TOP. If you do not agree, please discontinue participating in the SPJA Event and using the SPJA Event Sites.
- GENERAL TERMS. No waiver or amendment of any provision of these TOP will be effective unless in writing. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TOP WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF RIVERSIDE COUNTY, CALIFORNIA, USA; YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. The language in all parts of these TOP shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes that provide for the language of an agreement to be construed against the drafter. If any provision herein is determined to be unenforceable, that provision shall be severed, and all other provisions shall remain in effect. These TOP shall bind and be for the benefit of yourself, SPJA and its affiliates and subsidiaries, and each of the respective party’s heirs, fiduciaries, successors, and assigns. You have not relied upon any promise, representation, or warranty in signing these TOP. These TOP will continue in full force and effect even after the conclusion of the SPJA Event. You understand and agree that your electronic submission of agreement to these TOP constitutes an electronic signature that is as legally binding as your signature on a hard copy of the TOP. Further, you agree that no certification authority or other third-party verification is required to validate this electronic signature, and that the lack of such certification or third-party verification shall not in any way affect the legal enforceability of these TOP.
YOU AGREE TO THESE TERMS OF THIS PARTICIPATION AND LIABILITY RELEASE AND WAIVER, AND SUBMIT THIS REGISTRATION FORM VOLUNTARILY, OF YOUR OWN FREE WILL AND FREE OF PRESSURE, DURESS, OR THREAT OF DURESS. YOU HAVE READ THESE ENTIRE TERMS OF PARTICIPATION AND THE SPJA POLICIES AT WWW.SPJA.ORG/LEGAL CAREFULLY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TOP AND LIABILITY RELEASE AND WAIVER, YOU HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. YOUR CHECKING THE BOX SAYING THAT YOU AGREE OR SUBMITTING THIS REGISTRATION APPLICATION IS PROOF THAT YOU INTEND AND AGREE TO SIGN AND BE FULLY BOUND BY A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY OF THE RELEASED PARTIES TO THE FULLEST EXTENT OF THE LAW.