Terms & Conditions
Welcome to BLVCKSCENE. By accessing or using the Website, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Website. These Terms apply to all users of the Website, including those participating in events or renting boats or other watercraft through or in connection with the Website.
1. Event Attendance and Liability
1.1. Assumption of Risk: Attendance at any event advertised or facilitated through this Website is entirely at your own risk. We make no guarantees regarding your safety or the safety of others at the event. By attending, you acknowledge and accept that inherent risks, including but not limited to accidents, personal injury, and property damage, are associated with such activities.
1.2. Safety Requirements: All attendees are required to:
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Complete a safety class prior to participating in any event.
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Follow all safety guidelines and recommendations provided.
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Display the designated registration flag to signify completion of the safety class. Failure to comply with these requirements may result in denial of access to the event, without any entitlement to a refund.
1.3. Public Waters Disclaimer: Events may take place on public lakes and waters. We are not responsible for any actions, incidents, or disputes that occur on or near these public areas.
2. Boating Rentals and Third-Party Transactions
2.1. Third-Party Transactions: The Website may provide links to third-party providers for the rental of boats, watercraft, or chartering of captains. We make no representations or warranties about the legitimacy, quality, or safety of these third-party providers or their offerings. All transactions with third parties are made at your own risk, and we disclaim all liability arising from such transactions.
2.2. Independence of Third Parties: Any entity or individual claiming an association with our events, whether or not listed on the Website, operates independently. We are not responsible for their conduct, statements, or representations.
2.3. No Guarantee: We make no statement or warranty that any charters claiming association with our event, regardless of whether they are listed on the Website, have been formally approved by local regulations to charter boats. Safety is always our top priority, and due to lake conditions, boats may or may not be able to connect. Boats under the required size may not be able to connect even in good weather. Additionally, all chartered and non-chartered captains are required to attend the safety briefings.
3. No Liability for Misprints or Statements
3.1. Accuracy of Information: While we strive to provide accurate and up-to-date information on the Website, we are not responsible for errors, misprints, or omissions. This includes, but is not limited to, event details, schedules, or descriptions of services.
3.2. Statements by Third Parties: We are not liable for any statements, claims, or representations made by third parties, whether made in connection with or independently of our Website or events.
4. Refund and Cancellation Policy
4.1. Rain or Shine Policy: All events will proceed as scheduled, rain or shine. No refunds will be issued for any reason, including but not limited to weather conditions, personal conflicts, or dissatisfaction.
5. Indemnification
You agree to indemnify, defend, and hold harmless [Website Name], its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:
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Your participation in any event.
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Your use of any third-party services or rentals.
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Any violation of these Terms.
6. Limitation of Liability
To the fullest extent permitted by law, [Website Name] disclaims all liability for any indirect, incidental, consequential, or punitive damages arising from your use of the Website, attendance at events, or engagement with third-party services, even if we have been advised of the possibility of such damages.
7. Mediation Agreement
Any disputes arising out of or in connection with these Terms shall be resolved exclusively through mediation. Both parties agree to engage in good faith mediation before pursuing any other legal remedies. Mediation shall take place in Cook County, Illinois, and the costs shall be shared equally by both parties. Each party is responsible for their own attorney’s fees.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Illinois, Cook County, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Cook County, Illinois.
9. Changes to These Terms
We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website constitutes your acceptance of the revised Terms.
10. Contact Information
For questions or concerns regarding these Terms, please contact us via one of the methods at the footer of the website.