The Head Doctor Show - New York - 8/5

HIP INC / THE PUNANY POETS

TICKET AGREEMENT

1. I certify that I am physically able to participate in Holter Intellectual Property, Incorporated live event and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.

2. I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the organizers of the Holter Intellectual Property, Incorporated, The Punany Poets Entertainment, LLC. and Jessica Holter and her officers, directors, employees, agents, representatives and volunteers (collectively, “HIP INC”), and participants, volunteers and spectators; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; and, (g) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR BY ATTENDING HOLTER INTELLECTUAL PROPERTY, INCORPORATED AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD Holter Intellectual Property, Incorporated HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF Holter Intellectual Property, Incorporated, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

3. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue Holter Intellectual Property, Incorporated, its officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment and premises used to conduct Holter Intellectual Property, Incorporated or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities and expenses which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in Holter Intellectual Property, Incorporated, including any programs, events or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. However, if Holter Intellectual Property, Incorporated files a claim against me, I may file a counterclaim related to the same facts
and circumstances. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in Holter Intellectual Property, Incorporated, including in any program, event or activity at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

4. Use of Images
I UNDERSTAND AND ACCEPT THAT NO USE OF IMAGES, FILM, OR VIDEO OBTAINED AT THE EVENT MAY BE MADE WITHOUT PRIOR WRITTEN PERMISSION FROM Holter Intellectual Property, Incorporated, OTHER THAN PERSONAL USE. I understand that I have no rights to make any non-Personal Use of any image, film, or video footage obtained at the event, and that I cannot sell, transfer, or give the footage or completed film or video to any other party, except for Personal Use, and I agree to inform anyone to whom I give any footage, film, or video that it can only be used for Personal Use. Use in any advertisement of images from Holter Intellectual Property, Incorporated, of drawings or representations of the Holter Intellectual Property, Incorporated sculpture, logos, trademarks and other intellectual property, or of the phrase “Holter Intellectual Property, Incorporated,” in any advertisement or in the title of any publication designed for dissemination to the public (other than blog posts), is prohibited without prior written consent of Holter Intellectual Property, Incorporated.

“Personal Use” of images, film or video means to share with friends and family, to display on personal websites (as long as your website does not sell any other product or service, and as long as your website does not purport or appear to be an official website of Holter Intellectual Property, Incorporated or Holter Intellectual Property, Incorporated Productions LLC, Ltda.), to display on photosharing websites, and to display at art exhibits or similar exhibits. Social networking sites such as Flickr and Facebook are deemed “Personal Use” only if the display of the images, film or video on these sites are not used for the promotion or distribution of images with the intent to publicly display them beyond one’s immediate network, and if one’s immediate network is not inordinately large, to be determined in Holter Intellectual Property, Incorporated’s sole discretion.

I further assign to Holter Intellectual Property, Incorporated a joint ownership in the copyright for images obtained at the event so that in the event any third party displays or disseminates any of my images in a manner not authorized by this agreement, Holter Intellectual Property, Incorporated can enforce against the third party any restrictions concerning use of the images, and I appoint Holter Intellectual Property, Incorporated as my attorney-
in-fact to execute any documents necessary to effectuate such assignment. Holter Intellectual Property, Incorporated agrees that it will not utilize this joint ownership to enter into any licensing agreements for the images.

Holter Intellectual Property, Incorporated requires any party interested in making a commercial enterprise out of their documentation of the event or distributing footage beyond Personal Use on personal friend/family networks to enter into a written contract with Holter Intellectual Property, Incorporated. Such projects require Holter Intellectual Property, Incorporated’s review and approval prior to commercial distribution.

5. I acknowledge that the name “Holter Intellectual Property, Incorporated” is a trademark owned by the Holter Intellectual Property, Incorporated organization, and that all of Holter Intellectual Property, Incorporated’s logos, trademarks or other intellectual property are owned by Holter Intellectual Property, Incorporated, and I understand that the Holter Intellectual Property, Incorporated organization controls all rights regarding the licensing and reproduction of any imagery recorded at the Event. I agree that I will not use the mark “Holter Intellectual Property, Incorporated,” the logos of Holter Intellectual Property, Incorporated, or any other trademark of Holter Intellectual Property, Incorporated, on any website (except for Personal Use, as described in Paragraph 4) or in any other manner, commercial or otherwise, except for nominative or classic fair use.

6. I acknowledge that people are using film, video and photographic cameras at the Event, and that my image may be captured on film, video or photographs which may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release Holter Intellectual Property, Incorporated from any liability due to such filming, photographing or dissemination.

7. I consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release Holter Intellectual Property, Incorporated and all persons participating in any such medical treatment from all responsibility for any such actions.

8. I understand that children under 18 years of age can attend the event only accompanied by a parent or guardian, and that if I bring a child to the event I agree to the contractual terms contained in these Terms and Conditions on behalf of the
child.

9. In the event I am obtaining tickets for or I provide any tickets to any other person or persons, I recognize that I am acting as that person’s agent in obtaining the tickets, and due to this agency relationship I agree to these terms on behalf of any person to whom I deliver any of the tickets I purchase, and I shall notify any such person of these terms when I deliver a ticket to them.

10. I agree that Holter Intellectual Property, Incorporated is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that tickets are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation or conditions
beyond Holter Intellectual Property, Incorporated’s control.

11. I understand that: I am responsible for bringing enough food for the duration of my time at Holter Intellectual Property, Incorporated or otherwise bring sufficient funds to purchase food from Holter Intellectual Property, Incorporated’s contracted vendors.

12. This ticket is a revocable license that may be revoked by Holter Intellectual Property, Incorporated for any reason, including without limitation assisting people with unauthorized or un-ticketed entry to the Event.

13. Refund and Cancellation Policy
All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable.

14. The lineup is subject to change at any time and at any moment. Cancellation by any artist(s) or performer(s) does not constitute a cancellation of the festival nor is it cause for purchase to be refunded.

14. These Terms and Conditions may be changed by Holter Intellectual Property, Incorporated prior to the Event, and if so the revised Terms and Conditions in effect at the time you utilize your ticket for admission to the Event will apply to you.