Please read these Terms and Conditions (“Terms”) carefully before purchasing a ticket to any event hosted or organized by Cuyahoga Valley Native Sons & Daughters (“Organization”). By purchasing a ticket, you (“Purchaser,” “you,” or “your”) acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, do not purchase a ticket or attend the event.
By completing your ticket purchase, you confirm that you are at least eighteen (18) years of age and that you voluntarily agree to these Terms on behalf of yourself and, if applicable, any minor children for whom you are purchasing tickets or whom you will accompany to the event. If you are purchasing a ticket on behalf of a minor, you represent and warrant that you are the parent or legal guardian of that minor and that you accept these Terms on the minor’s behalf.
Events organized by the Organization may include, but are not limited to, outdoor activities involving overnight tent camping, hiking, campfires, nature exploration, group activities, and other recreational programming. The specific activities, schedule, and location of each event will be communicated to ticket holders in advance. All events subject to these Terms will take place in the State of Ohio.
You acknowledge that participation in the Organization’s events, including overnight tent camping and related outdoor activities, involves inherent risks. These risks include, but are not limited to, exposure to weather and environmental conditions; uneven terrain; wildlife encounters; injuries related to hiking, camping, or other physical activities; allergic reactions; illness; fire hazards; and the risk of property damage, personal injury, or death. You voluntarily assume all such risks, both known and unknown, and accept full responsibility for your participation in the event.
In consideration of being permitted to participate in the event, you, on behalf of yourself, your heirs, executors, administrators, assigns, and personal representatives, hereby release, waive, and forever discharge the Organization, Cuyahoga Valley Longhouse, Inc., and National Longhouse, Inc., together with each of their respective officers, directors, employees, volunteers, agents, representatives, successors, and assigns (collectively, the “Released Parties”), from any and all claims, demands, causes of action, suits, damages, losses, liabilities, costs, and expenses of any kind, whether known or unknown, arising out of or in any way related to your attendance at or participation in the event, including but not limited to claims for personal injury, property damage, illness, or death, whether caused by the negligence of the Released Parties or otherwise. This release does not apply to claims arising from the gross negligence or willful misconduct of the Released Parties.
You further agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, suits, judgments, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by or on behalf of you, your minor children, or any third party, arising out of or related to your participation in the event.
You acknowledge that the Organization does not provide medical personnel or facilities at its events unless otherwise expressly stated. You represent that you are physically and mentally capable of participating in the event’s activities and that you are not aware of any medical condition that would impair your ability to safely participate. You consent to receive emergency medical treatment at your own expense in the event of an injury or medical emergency during the event.
You and the Organization mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, your ticket purchase, or your attendance at or participation in any event organized by the Organization, including any claims against the Released Parties (collectively, “Disputes”), shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then-current Consumer Arbitration Rules. The arbitration shall take place in Cuyahoga County, Ohio, unless the parties mutually agree to an alternative location.
Class Action Waiver. You and the Organization agree that all Disputes shall be resolved on an individual basis only. You waive any right to bring, join, or participate in any class action, collective action, consolidated action, or representative proceeding of any kind against the Released Parties. The arbitrator shall have no authority to preside over any form of class, collective, or representative proceeding.
Governing Law. The interpretation and enforcement of this arbitration agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16. To the extent state law applies, the laws of the State of Ohio shall govern without regard to its conflict-of-laws principles.
Costs and Fees. Each party shall bear its own attorneys’ fees and costs in connection with any arbitration proceeding, unless the arbitrator determines that applicable law requires a different allocation.
Severability. If any portion of this arbitration agreement is found to be unenforceable, the remaining portions shall continue in full force and effect. However, if the class action waiver set forth above is found to be unenforceable in its entirety, then this arbitration agreement shall be null and void with respect to the affected claim or claims.
Opt-Out Right. You may opt out of this arbitration agreement by sending a written notice to the Organization within thirty (30) days of your ticket purchase. The opt-out notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement. Opt-out notices should be mailed to: Cuyahoga Valley Native Sons & Daughters, [Insert Address]. Opting out of arbitration will not affect any other provision of these Terms.
By purchasing a ticket, you expressly consent to receive text messages and SMS communications from the Organization at the phone number you provide during the ticket purchase process. These communications may include, but are not limited to, event updates, scheduling changes, safety alerts, logistical information, promotional messages, and other communications related to the Organization’s activities and events.
Message Frequency. Message frequency may vary. The Organization may send recurring messages related to upcoming events, organizational news, and promotional offers.
Message and Data Rates. Standard message and data rates may apply, depending on your wireless carrier and plan. The Organization is not responsible for any fees or charges incurred as a result of text messages sent to you.
Opt-Out. You may opt out of receiving text messages at any time by replying “STOP” to any message received from the Organization. Upon receipt of your opt-out request, the Organization will cease sending non-essential text messages to you within a reasonable period of time. Opting out of text messages will not affect your ability to attend the event, but you acknowledge that you may miss important event-related communications as a result.
Privacy. Your phone number and related information will be handled in accordance with the Organization’s privacy policy. The Organization will not sell or share your phone number with unaffiliated third parties for their own marketing purposes.
All ticket sales are final. Tickets are non-refundable and non-transferable unless the Organization, in its sole discretion, determines otherwise. The Organization reserves the right to cancel or reschedule any event due to weather, safety concerns, or other circumstances beyond its control. In the event of a cancellation initiated by the Organization, ticket holders will receive a refund or credit at the Organization’s discretion.
All event attendees are expected to conduct themselves in a respectful and responsible manner. The Organization reserves the right to remove any attendee from an event, without refund, for behavior that the Organization, in its sole discretion, deems disruptive, unsafe, or otherwise in violation of its policies.
By attending the event, you consent to being photographed, filmed, or recorded by the Organization or its agents. You grant the Organization a perpetual, royalty-free, worldwide license to use, reproduce, distribute, and display any such photographs, films, or recordings for promotional, educational, or other organizational purposes without compensation to you.
Except as otherwise provided in the arbitration agreement set forth in Section 6, these Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict-of-laws principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect.
These Terms constitute the entire agreement between you and the Organization with respect to your ticket purchase and event attendance, and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to the subject matter hereof.
If you have questions about these Terms, please contact: Michael Meuti at mmeuti@yahoo.com
By purchasing a ticket, you acknowledge that you have read these Terms and Conditions in their entirety, that you understand them, and that you voluntarily agree to be bound by them.
