Terms of Service Agreement

Please read the following terms, policies and waiver carefully before attending our convention.

ALL PARTICIPANTS IN TSUNAMICON LLC’S (“TSUNAMICON”) 2022 CONVENTION (“CONVENTION”) BEING HELD October 21-23, 2022, ARE REQUIRED TO, AND HEREBY DO, ASSUME ALL RISK OF PARTICIPATION IN THE CONVENTION BY ACCEPTING THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) AND THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY DESCRIBED BELOW.

GENERAL

We try to make TsunamiCon broadly available to everyone, but given the unprecedented global pandemic and other safety concerns, we must impose certain restrictions. Accordingly, you cannot participate in the Convention if:

  • You are prohibited from participating in the Convention under applicable laws.
  • You are a convicted sex offender.
  • You have, during the fourteen (14) days preceding Convention, been diagnosed with, tested positive for, or experienced symptoms of a communicable illness, including COVID-19.
  • You, at any time during the Convention, experience symptoms of or test positive for a communicable illness, including COVID-19.
  • You fail to provide adequate proof, should such proof be required, of a full course of vaccination against COVID-19 with a vaccine approved or authorized by the U.S. Food and Drug Administration (FDA) or World Health Organization (WHO).
    • (1) TsunamiCon’s restrictions and requirements are subject to change: and (2) TsunamiCon will consider modifications to any mandatory vaccination policy on a case-by-case basis based on the most up-to-date information from the Centers for Disease Control and Prevention (CDC), the U.S. Department of Labor (DOL) Occupational Safety and Health Administration (OSHA), and Wichita and Sedgwick County public health agencies.
  • We reserve the right to refuse to admit you to the Convention or otherwise cancel your participation in the Convention if:

    • We have previously banned you from TsunamiCon for violations of our Terms of Service or any other policies.
    • Local or national laws or guidelines change with respect to COVID-19 or large public gatherings.
    • You fail to provide adequate proof of vaccination should such proof be required.
    • You fail to comply with mask or social distancing requirements.
    • For any other reason.

PURCHASES

  • Every attendee of the Convention is required to wear a badge. Children ages ten and under may attend the Convention at no cost, and do not need a badge unless they will be participating in ticketed events.
  • All children ages ten and under attending the Convention must be accompanied by a Parent or Guardian with a badge and children must be signed in at Registration and receive a wristband (for security purposes).
  • TsunamiCon accepts Visa, MasterCard, Discover, and American Express as payment. Cash is only accepted at the Convention for purchases on site.

REFUNDS

  • All refund requests must be made by the end of day on Octoberer 14, 2022.
  • Refund requests will be issued a refund and credited back to the original credit card or system credit used for purchase, less any administrative fees.
  • If the items needing to be refunded have already been mailed, we will require the items be returned to our Wichita office immediately before your refund will be processed.
  • Badge refunds and returned merchandise may be subject to a $10 administrative fee. Tickets for tournaments and convention events will not be refunded after the start of the event. Exceptions may be made by event moderators on a case-by-case basis. All decisions are final.
  • All refund requests must be made by the purchaser via mail or email (see Contact Info below). Include the first and last name of the purchaser and any relevant contact information, including email address if possible.
  • All refunds will only be refunded to the original purchaser.

EXCHANGES OR UPGRADES

  • If you want to exchange your 1-Day Pass for a Weekend Pass during the convention, visit the registration table in the main hall and you will be charged the difference for the upgrade. On site, a 1-day pass can be upgraded to a Weekend Pass only if the 1-day pass is current.
  • A valid government issued photo ID and a Convention badge are required to process any type of badge or ticket exchange onsite.
  • The unauthorized resale or attempted resale of badges is prohibited and will result in a forfeiture of the badge(s) without compensation. Each badge must be used by the same person for each day of the Convention. Badges that have been sold or provided by anyone other than TsunamiCon will not be honored. All badges are the property of TsunamiCon and must be relinquished to TsunamiCon upon request.

EVENT CANCELLATIONS

If an event has been cancelled, please visit the registration table (or the Discord helpdesk for Virtual events) for further instructions.

LOST BADGES & EVENT TICKETS

We cannot replace lost, stolen or forgotten badges and/or event tickets. TSUNAMICON will not provide refunds, credit or replacements for any lost items. TSUNAMICON will not refund, credit or replace badges. Lost, stolen or forgotten items must be repurchased at full cost. It is recommended you check with the TSUNAMICON Registration table to see if your materials have been turned in to Lost & Found. TSUNAMICON assumes no responsibility for lost, stolen or forgotten materials.

WAIVER/ASSUMPTION OF RISK/RELEASE OF LIABILITY

You agree to assume all risks of participating in the Convention and release TSUNAMICON from any liability for loss, damage or injury (including disability or death) to your person and property while attending, participating in or becoming involved with the Convention. You specifically make the following representations and assurances to TSUNAMICON, acknowledging that TSUNAMICON would not permit your participation in the Convention without receiving such representations and assurances:

I wish to participate in a TSUNAMICON Convention subject to the terms and conditions herein. I acknowledge and agree that the Convention involves some inherently dangerous activities. TSUNAMICON will use good faith efforts to conduct and manage the Convention, but I understand that it is not possible to make the Convention completely safe. I warrant and represent that I am sufficiently knowledgeable, skilled and/or informed regarding the Convention to properly and fully judge the inherent risks of the Convention.

ASSUMPTION OF RISK. I acknowledge and agree that the Convention involves potential risks of serious personal injury, disability or even death. I represent that I have sufficient physical fitness to participate in the Convention and I have no medical reason or impairment that might otherwise prevent me from participating in the Convention. If I know or should know of any condition or problem that might prevent me from safely participating in the Convention, I agree that I will immediately advise TSUNAMICON and remove myself from the Convention.

In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby assume full responsibility for my own safety and accept all known and unanticipated risks of loss, damage and injury (including death or disability) to myself and my property while attending, participating in or becoming involved with the Convention, regardless of whether or not such risks are attributable to the negligence of others. By assuming and accepting all known and unanticipated risks, I completely absolve, waive, discharge and release TSUNAMICON and all its employees, advisors, consultants, members, contractors, organizers, operators, volunteers, sponsors or other persons affiliated with TSUNAMICON and all facility staff, guests, fellow participants, landlords, owners, management companies and the like (collectively the “Indemnified Parties”) from any legal duty for my safety or any liability for my harm, to the maximum extent permitted by law.

RELEASE OF LIABILITY. In consideration of being allowed to attend, participate in or become involved with the Convention, I hereby agree to release, waive, discharge, hold harmless, defend and indemnify the Indemnified Parties from and against any and all liability, claims, demands, controversy, lawsuits or possible causes of action (“Claims”) that may accrue or arise from any loss, damage or injury (including death or disability) to my person and property that is in any way related to or arising in connection with my attendance at, participation in or involvement with the Convention, regardless of whether or not such Claims are attributable in whole or in part to any act, omission or negligence of the Indemnified Parties. I agree that the Indemnified Parties will not be legally responsible for any loss, damage and injury (including death or disability) to my person and property arising out of or in any way connected to the Convention, however caused and on any theory of liability whatsoever (whether in contract, tort, negligence, strict liability or otherwise), including but not limited to the Indemnified Parties own negligence. Such defense and indemnification shall include all reasonable costs, expenses and attorneys’ fees that may be associated with any Claims. I further agree that I will not cause, encourage, promulgate, support or cooperate with (unless such cooperation is judicially mandated) any Claims to be brought against the Indemnified Parties.

I understand that the above release and assumption of risk is intended to provide a comprehensive release of liability but is not intended to assert any defenses that are prohibited by law. The release and assumption of risk shall be enforceable to the fullest extent allowed by law. If any portion of the release and assumption of risk is held invalid, those parts that are not held invalid shall continue in full force and effect. The terms of the above release and assumption of risk shall apply to and be binding on myself, my spouse, my heirs, all members of my family, executors, administrators, representatives, and assigns.

GENERAL PROVISIONS

I understand this Agreement is a binding contract that supersedes any other agreements or representations and is intended to provide a comprehensive release of liability but is not intended to assert any defenses which are prohibited by law. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. The parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States District Court for the resident district or the Superior Court of Kansas State for Sedgwick County any actions, suits or proceedings arising out of or relating to this Agreement and irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement. The parties hereby irrevocably waive all rights to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or otherwise relating to this Agreement.

EXPLOITATION OF NAME AND LIKENESS

In consideration of being allowed to participate in this Convention, I hereby agree that TSUNAMICON may photograph and/or record my likeness and/or voice and my participation in the Convention and without any additional consideration, I hereby agree that TSUNAMICON and its assigns and/or licensees may distribute, exhibit, broadcast, exploit, advertise, publicize and promote my name, biographical material, likeness, voice and performance in and in connection with the Convention or other TSUNAMICON events. I further agree that TSUNAMICON may edit my appearance therein and I waive any personal or proprietary rights with respect thereto. I represent and warrant to TSUNAMICON that I have not made any contract or commitment in conflict with this grant of rights to TSUNAMICON. Nothing herein contained shall obligate TSUNAMICON to make or cause to be made any broadcast or other use of said appearance, or to exercise any of the rights granted to TSUNAMICON herein.

ETHICS, CONDUCT AND NO HARASSMENT

I understand that TSUNAMICON, LLC is dedicated to providing a safe, enjoyable, and harassment-free experience for all convention participants, volunteers and staff, regardless of age, gender, sexual orientation, disability, physical appearance, body size, race, religion, or affiliation, and I hereby acknowledge that disruptive behavior, inappropriate and unlawful conduct, and harassment in any form will not be tolerated. I agree to conduct myself, and any minors under my supervision, in a safe, responsible, and lawful manner while attending the Convention, and understand that violation of Convention policies as determined by TSUNAMICON, LLC in its sole discretion, may result in my expulsion from the event without refund. If you need to report an issue you may do so by visiting the Discord helpdesk or emailing info@tsunamicon.org..

MEDIA USAGE

  • Media recording equipment larger than a handheld device is allowed only with an approved press badge or the express prior consent of TsunamiCon. Those with professional recording needs or non-professional recording interests should email info@tsunamicon.org with their inquiries.
  • Attendees may not block aisles or walkways, impede movement, or disrupt the Convention for photo-taking or recording purposes.
  • Media recordings of TsunamiCon events are prohibited without the express consent of all participating event attendees. Media recordings of specific exhibitor booths, on-sale products, demo products, and specific TsunamiCon events are prohibited without the consent of the associated exhibitor or event organizer/GM. Attendees are responsible for knowing and complying with any additional rules and regulations pertaining to their location of recording.
  • TsunamiCon’s Ethics, Conduct, and No-Harassment policy extends to photos, recordings, and act of recording taken by attendees at TsunamiCon. Attendees acknowledge that their photos and recordings must comply with TsunamiCon’s Ethics, Conduct and No-Harassment policy, and that a failure to do so may result in expulsion without refund from the Convention. All policies of TsunamiCon are enforced at TsunamiCon’s sole discretion.
  • TsunamiCon, the TsunamiCon logo, and “Wichita’s Premiere Tabletop Gaming Convention” are trademarks of TsunamiCon LLC. All rights reserved. Use of these marks without express written consent from TsunamiCon LLC is prohibited.

CONTACT INFO

If you have any inquiries regarding our Refund, Exchange or Cancellation Policies, please contact our office via email at info@tsunamicon.org. During the convention, all inquiries can be made at Registration or the Discord helpdesk.

You acknowledge and agree that you have carefully read this Agreement, fully understand its contents, and hereby accept and agree to it voluntarily of your own free will. You affirm that either (a) you are over 18 years of age and have full right, authority, and capacity to enter into this Agreement and to make the release and assumption of risk described herein, or that (b) your parent or legal guardian has read and agreed to this Agreement.

If you are a parent or guardian of a participant under 18 years of age, you hereby represent that you are in fact the parent or legal guardian of the participant, that you have the right, authority and capacity to enter into this Terms of Service Agreement and to make the release and assumption of risk described herein for and on behalf of the participant, that he/she/they has/have carefully read this Terms of Service Agreement and understood its contents, and that he/she/they is/are hereby accepting and agreeing to it voluntarily of his/her/their own free will.

TsunamiCon reserves the right to amend this Agreement at any time.

 

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