Pineapple Culture LLC d/b/a Novo Dia Wellness, a California limited liability company (“Organizer”), produces the Wellness Market San Diego and related events, experiences, and social gatherings. By purchasing a ticket to, registering for, or attending any event produced by Organizer (the “Event”), you (“Attendee”) agree to be bound by these Terms and Conditions. Please read them carefully before purchasing or attending.
As used in these Terms and Conditions, the following terms have the meanings set forth below:
2. AGE REQUIREMENT.
By purchasing a ticket or attending the Event, you represent and warrant that you are 18 years of age or older. If you are purchasing tickets on behalf of additional attendees, you represent and warrant that you are the parent, legal guardian, or authorized representative of each such individual, that you have obtained their actual consent to these Terms and Conditions, and that you accept personal liability for any failure to do so. Organizer reserves the right to deny entry to any individual who cannot verify their age upon request.
3. ASSUMPTION OF RISK.
You acknowledge that the Event includes a variety of wellness activities, experiences, demonstrations, and services offered by independent Participant brands, which may include but are not limited to physical touch services such as bodywork, massage, and energy work; breathwork, yoga, meditation, and movement-based activities; supplement sampling, ingestible products, and consumable demonstrations; and other wellness-related activities and experiences. You acknowledge that participation in any of these activities carries inherent risks, including the risk of physical injury, allergic reaction, adverse reaction, illness, or other harm. You voluntarily and knowingly assume full responsibility for all such risks associated with your attendance and participation in the Event and any activities offered therein, whether such risks occur before, during, or after the Event. If you have any medical condition, injury, allergy, pregnancy, or health concern that may affect your ability to safely participate in wellness activities, you are strongly encouraged to consult a qualified healthcare professional before attending or participating.
4. RELEASE OF LIABILITY.
To the fullest extent permitted by applicable law, you expressly release, discharge, and hold harmless Organizer, the Event venue EVE located at 975 Waterfront PL #400, San Diego, CA 92101, and their respective owners, officers, directors, members, managers, employees, contractors, representatives, volunteers, agents, successors, and assigns, as well as all Event Participants, exhibitors, sponsors, vendors, performers, artists, and ticketing service providers (collectively, the “Released Parties”), from any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses, including attorneys’ fees, arising out of or related to your attendance at or participation in the Event or any activities offered therein, including any claims arising from the negligence of any Released Party, except to the extent caused by the gross negligence or willful misconduct of Organizer. You knowingly and voluntarily assume all risk of property loss, personal injury, serious injury, or death arising from attendance at or participation in the Event.
5. INDEPENDENT PARTICIPANTS, VENDORS, AND EXHIBITORS.
All brands, vendors, exhibitors, sponsors, practitioners, service providers, performers, and other participants appearing at the Event (collectively, “Participants”) are independent businesses and individuals operating entirely on their own behalf. No Participant is an employee, agent, partner, joint venturer, or representative of Organizer in any capacity. Organizer does not control, supervise, direct, or manage the day-to-day operations, conduct, products, services, representations, or activities of any Participant. Organizer is not responsible or liable for any act, omission, negligence, misconduct, misrepresentation, false claim, product defect, service failure, injury, illness, allergic reaction, adverse reaction, property damage, or any other harm caused by or arising from any Participant, their products, their services, or their representatives at the Event. Any dispute, claim, or concern arising from your interaction with a Participant at the Event is solely between you and that Participant.
6. NO ORGANIZER ENDORSEMENT OF PARTICIPANTS.
Organizer’s inclusion of any brand, vendor, exhibitor, sponsor, or service provider in the Event does not constitute Organizer’s endorsement, verification, approval, certification, or warranty of any Participant, or of the safety, efficacy, quality, accuracy, or legality of any product, service, claim, or activity offered by any Participant. You are solely responsible for exercising your own independent judgment before consuming any product, receiving any service, or participating in any activity offered by any Participant at the Event. Organizer expressly disclaims any and all liability arising from your reliance on any representation, claim, or recommendation made by any Participant at the Event.
7. WELLNESS ACTIVITIES ACKNOWLEDGMENT.
Wellness services, bodywork, supplement samples, ingestible products, and other health-related products and services at the Event are provided solely by independent Participant brands and not by Organizer. Organizer does not endorse, verify, certify, or warrant the safety, efficacy, quality, or legality of any product, service, or activity offered by any Participant at the Event. Organizer is not the manufacturer, distributor, preparer, or provider of any such products or services and shall bear no liability for any injury, illness, allergic reaction, adverse reaction, or other harm arising from your use of or participation in any Participant’s products, services, or activities. You are solely responsible for exercising your own judgment before consuming any product or participating in any service offered at the Event.
8. CALIFORNIA PROPOSITION 65 NOTICE.
The Event may include products and materials that are subject to California Proposition 65 warnings. Required warnings, if any, will be displayed at the applicable Participant’s booth or activation space. By attending the Event you acknowledge that you may encounter products requiring Proposition 65 warnings and agree to review any such disclosures provided at individual booths.
9. EVENT FORMAT; NO GUARANTEES; RAIN OR SHINE.
The Event is a live, dynamic production. Organizer makes no guarantee regarding the specific number, identity, category, or type of brands, vendors, exhibitors, sponsors, performers, speakers, or other Participants appearing at the Event. The Participant lineup, number of participating brands, programming elements, scheduled activities, speakers, and other Event features are subject to change at any time before or during the Event without notice and without liability to Organizer. Cancellations, substitutions, additions, or modifications to the Participant lineup or Event programming shall not entitle you to any refund, credit, or compensation. You acknowledge that you are purchasing a ticket to attend the Event as a whole and not in reliance on the participation of any specific brand, vendor, exhibitor, performer, or programming element.
The Event is rain or shine. The Event will proceed regardless of weather conditions, including but not limited to rain, heat, wind, or other inclement weather. No refund will be issued to any Attendee who is unable or unwilling to attend due to weather conditions.
Organizer further reserves the right to modify the Event’s date, time, location, format, schedule, duration, or programming at any time for any reason, including operational needs, safety concerns, venue requirements, weather, emergencies, or circumstances beyond Organizer’s reasonable control. Any such modification shall not entitle you to a refund except to the extent strictly required by applicable California consumer protection law.
10. TICKET SALES; NO REFUNDS.
All ticket sales are final. No refunds, exchanges, or transfers will be issued under any circumstances except as expressly required by applicable California law. You acknowledge that by completing your ticket purchase you have reviewed and agreed to these Terms and Conditions and understand that your purchase is non-refundable.
11. INDEMNIFICATION.
You shall defend, indemnify, and hold harmless Pineapple Culture LLC d/b/a Novo Dia Wellness and its officers, directors, members, managers, employees, contractors, agents, and representatives from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your attendance at or participation in the Event, to the extent arising from your own acts or omissions; (b) your participation in any activities offered at the Event, to the extent arising from your own acts or omissions; and (c) your own negligence or willful misconduct in connection with the Event.
12. PHOTOGRAPHY, VIDEOGRAPHY AND MEDIA RELEASE.
Organizer and its representatives, contractors, vendors, sponsors, and exhibitors may capture photo, audio, and video recordings at the Event for use in news coverage, promotional materials, marketing campaigns, social media, websites, and other media in any format now known or hereafter developed. By attending the Event, you hereby irrevocably and unconditionally grant Organizer and its contractors, vendors, sponsors, and exhibitors a perpetual, worldwide, royalty-free right and license to use, reproduce, publish, distribute, edit, make derivative works of, perform publicly, disclose, assign, and transfer all images, photographs, videos, voice recordings, name, likeness, and any content you submit or that is captured in connection with the Event (collectively, “Likeness”), without limitation and without compensation. All media containing your Likeness shall become the property of Organizer. You hereby release Organizer and its employees, volunteers, licensees, contractors, providers, successors, and assigns from any and all claims, demands, and causes of action arising out of or related to the use of your Likeness as described herein.
13. CONDUCT AND COMPLIANCE.
You agree to conduct yourself in a safe, respectful, and lawful manner at all times during the Event. Organizer reserves the right to remove any Attendee from the Event without refund for conduct that Organizer determines, in its sole discretion, is unsafe, disruptive, harassing, discriminatory, or otherwise in violation of these Terms and Conditions or applicable law. You agree to comply with all Venue rules, Organizer instructions, and applicable federal, state, and local laws during the Event.
14. PURCHASING TICKETS ON BEHALF OF OTHERS.
If you purchase tickets on behalf of other individuals, you represent and warrant that you have presented these Terms and Conditions to each such individual, that each such individual has read, understood, and agreed to be bound by these Terms and Conditions, and that you accept personal liability for any failure to obtain such consent. Your purchase of tickets on behalf of others constitutes your binding representation that actual consent has been obtained from each attendee.
15. LIMITATION OF LIABILITY.
To the fullest extent permitted by applicable California law, Organizer’s total liability to you for any claim arising out of or related to the Event or these Terms and Conditions shall not exceed the total amount of the ticket price actually paid by you for the Event. In no event shall Organizer be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits or loss of goodwill, arising out of or related to the Event or these Terms and Conditions.
16. DISPUTE RESOLUTION AND GOVERNING LAW.
IMPORTANT NOTICE — PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
17. SEVERABILITY.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be deemed amended to achieve as nearly as possible the same intent as the original provision, and the remaining provisions shall continue in full force and effect.
18. ENTIRE AGREEMENT.
These Terms and Conditions constitute the entire agreement between you and Organizer with respect to your attendance at the Event and supersede all prior or contemporaneous representations, understandings, or agreements, whether written or oral, relating to the same subject matter.
