Terms of Service
Terms and Conditions
By purchasing a ticket to a Cosmophage Collective event, you agree to comply with and be bound by the following terms and conditions. By purchasing a ticket, it is assumed you have read and agree to these terms and conditions. Please review them carefully. If you do not agree to these terms and conditions, you should not continue with your purchase and should not use our website or services.
1. Cosmophage Collective reserves the right to cancel the event at any time for any reason. Attendees will be informed and will be refunded appropriately.
2. The opinions expressed by the Cosmophage Collective instructors, volunteers, sponsors, vendors and other agents are the opinions of those individuals and do not necessarily represent the opinions of Cosmophage Collective and its agents.
3. The advertised food and performers for any event are subject to change.
4. Cosmophage Collective has a no refund policy. All sales are final.
5. Tickets can be transferred from one individual to another before the start date of the event. The individual receiving the transferred ticket must register and acknowledge they agree with the waiver and release of claims and the terms and conditions.
6. All content included on the Cosmophage Collective website and any event is and shall continue to be the property of Cosmophage Collective, and their agents or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the site or event is prohibited without express permission by Cosmophage Collective and its agents.
7. Cosmophage Collective, and their agents are not a medical organization and our staff cannot give you medical advice or diagnosis. Our Activities, including dining meals and theatrical performances, may include physical activity and should be taken at the sole risk of the attendee/participant. You are urged and advised to seek the advice of an allergist or physician before beginning any meal or Activity. All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. You should seek prompt medical care for any specific health issues and consult your physician before purchasing a ticket to our event or participating in any Activities.
Waiver and Release of Claims
By purchasing a Cosmophage Collective event ticket and attending the event, the Participant agrees to and accepts this Agreement.
COSMOPHAGE COLLECTIVE EVENT PARTICIPANT RELEASE OF CLAIMS
By purchasing this ticket and attending a Cosmophage Collective event (event or “the Event”), you (you or the “Participant”) hereby execute this waiver and release (the “Agreement”) effective as of the date your ticket is purchased. Cosmophage Collective event’s features prepared foods, various theatrical performances, interactive activities, and music. Activities include, but are not limited to, food & wine events, meditation, running, dancing, concerts, lectures, and more (collectively, the “Activities”). In consideration of your participation in the Activities, you agree as follows:
1. You hereby release Cosmophage Collective and their respective officers, directors, employees, agents, shareholders, members, agents, contractors, representatives, sponsors, volunteers, successors, and assigns (the “Released Parties”) from any and all claims, demands, damages, rights of action, or causes of action, arising out of your participation in any Activity at a Cosmophage Collective event.
2. Cosmophage Collective makes every attempt to identify all ingredients in their recipes. Every effort is made to instruct our staff on the severity of food allergies. In addition, we label recipes with possible allergen-containing ingredients; however, there is always a risk of contamination. You must make the decision of enrolling yourself or your guests based on this information and the possible health risk. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice. Participants concerned with food allergies need to be aware of this risk. Cosmophage Collective will not assume any liability for adverse reactions to food consumed, or items you may come in contact with while participating in any Cosmophage Collective event, meal, or performance. You understand that every attempt will be made to eliminate exposure and risk to yourself and your guests, and agree to hold harmless Cosmophage Collective, its instructors and consultants as well as officers, members, managers, employees, agents, contractors, representatives, sub-licensees, affiliates, subsidiaries, successors, partner facilities, and agents and assumes no liability for adverse reactions for food consumed or items that I may come in contact with while participating in any Cosmophage Collective event.
3. If alcohol is served during and event, Participant is responsible for and accepts full responsibility for complying with New York law regarding consumption of alcohol, and if consuming alcohol, monitoring and/or limiting his/her alcoholic beverage intake. By accepting alcohol during the Event, Participant warrants that he/she is at least 21 years of age. Cosmophage Collective maintains the right to demand proof of age from any Participant. Participant hereby releases Cosmophage Collective and the host locations from any liability for damages to Participant or any other person or entity caused in whole or in part by Participant’s consumption of any item, including without limitation, alcohol.
4. The Participant acknowledges that he/she comprehends and assumes all risk associated with participation in the Event, including without limitation food sickness, allergies, health issues, theft of or damage to Participants property, failure of transportation, injury during or caused by transportation, weather, and any injuries, death or damages caused thereby. Participant acknowledges that the Event is conducted at locations that are not owned, operated, or controlled by Cosmophage Collective and Cosmophage Collective cannot guarantee or insure the performance of any vendors. Participant acknowledges that weather conditions are not guaranteed to be favorable on the date and time scheduled for the Event.
5. You know and understand the scope, nature, and extent of the risks involved in the Activities. The Activities may take place with other participants in natural, outdoor settings, including forests, lakes, or in indoor industrial spaces, including factories, unfinished buildings, and warehouses, and risks include, but are not limited to, high elevation, wildlife encounters, allergy, falling trees and limbs, marked and unmarked obstacles, slick or uneven walking surfaces, surfaces covered with water, ice, snow, dirt, and rust, sunburn, injury through the acts of other participants, collisions with vehicles or equipment, or equipment malfunction. The Activities may require physical exertion, which may be strenuous and could, in some circumstances, result in injury, including, but not limited to, abnormal blood pressure, fainting, heat stroke, heartbeat disorders, heart attack, or other physical injury. If you experience any physical pain or discomfort, you agree to immediately discontinue the Activity and seek help. You voluntarily, freely and expressly choose to incur all risks associated with any Activity, understanding that those risks may include personal injury, damage to property, and/or death.
6. If an emergency or other incident occurs which, in the sole judgment of the Released Parties or medical personnel, requires medical treatment or care, you hereby consent to such treatment. You understand and agree that any and all medical treatment rendered to you by, or at the request of, any Released Party is not an admission of obligation to provide, or continue to provide, any such medical treatment and also is not a waiver by any Released Party of any right under this Agreement.
7. You represent and warrant the following: (a) you have read this Agreement and understand it; and (b) you are at least 18 years of age, are in good health, and have no physical defects that might cause you harm during your participation in any Activity.
8. This Agreement extends and applies to all unknown, unforeseen, unanticipated, and unsuspected injuries, damages, loss, and liability, and the consequences of them, as well as those disclosed or known to exist. You expressly waive all provisions of any state, federal, local, or territorial law or statute which provides that releases will not extend to claims, demands, injuries, or damages that are unknown or unsuspected to exist at the time to the person executing the release.
9. You authorize Cosmophage Collective assignees, licensees, legal representatives and transferees to use and publish (with or without your name, company name, or with a fictitious name) any audiovisual recordings, photographs, pictures, portraits or images of you in any and all forms and media and in all manners, including, but not limited to, composite images and distorted representations, for the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form or on Internet websites or social media platforms) for any product or services, or for any such other lawful uses as may be determined by Cosmophage Collective. You waive any and all right to review or approve any uses of your name, likeness, images, written copy, or finished product.
10. This agreement is legally binding upon you and your heirs, estate, assigns, legal guardians, and personal representatives.
11. By entering into this agreement, you knowingly and voluntarily waive any and all rights you might have to a trial before a jury, and agree to mandatory binding arbitration of all disputes or claims arising out of this Agreement.
12. If any provision of this Agreement is for any reason held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other provision of this Agreement, and this Agreement will be construed as if such invalid or unenforceable provision were omitted.
This is a release of liability. Please discontinue your purchase of any ticket if you do not understand or do not agree with the terms of this Agreement. By purchasing a ticket, you hereby accept and agree to all terms of this Agreement.