Events Disclaimer
Photo Disclaimer: By entering this event, you acknowledge that photography, audio, and video recording may occur. You grant permission to be photographed, filmed, and recorded, and you consent to the use of your image, likeness, voice, and appearance in any and all media, now or in the future, for promotional, marketing, archival, and informational purposes without compensation or further approval.
Strobe and Effects Disclaimer: Strobe lighting effects will be used throughout this event. Attendees that may suffer from epilepsy and other visual light stimulation effects are advised to use caution when attending this event.
Freedom of Speech Disclaimer: Turning Point USA operates as a 501c3 nonprofit organization and as such, we are not able to affiliate with any political party or group. With this in mind, we proudly welcome freedom loving patriots of all stripes, backgrounds, beliefs and perspectives at our events. TPUSA is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information (shared by speakers, etc.) Always do your own due diligence before deciding whether material and information they receive is suitable to their personal circumstances before taking any action.
lllness, Virus, Injury Disclaimer: By registering for this event, you understand and expressly acknowledge that an inherent risk of exposure to illnesses, viruses, flu, or injury exists in any public place where people are present. In attending the event, you and any guests voluntarily assume all risks related to possible exposure and waive, release, and discharge Turning Point USA; or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers from any and all liability under any theory, whether in negligence or otherwise, for any illness or injury.
Alcohol Disclaimer: Alcohol may be available for purchase at the convention center during various parts of the event. The venue will be checking all IDs, and the use of a fraudulent ID will result in immediate removal from the event without a refund. TPUSA expects those of age to enjoy responsibly. Those who show signs of intoxication will be removed from the event without a refund. TPUSA will cooperate with any law enforcement investigation of suspected illegal activity.
Press Disclaimer: Please note that members of the press may be present at Turning Point Events. If you are approached to do a press interview, please do not feel obligated. If you would like to apply for a press pass, you can do so at tpusa.com/presspass
General Event Disclaimer: In consideration of the risk of injury while participating in a Turning Point Event (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assignees, related parties and entities, or personal representatives, knowingly and voluntarily enter into this waiver and release, and I hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the Activity, and I do hereby release and forever discharge Turning Point USA (“TPUSA”) and its related parties for any and all, with no exceptions whatsoever, physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct or indirect result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity and simply my attendance to the event.
I am voluntarily and willfully participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume any and all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity.
With no exceptions whatsoever,I agree to indemnify and hold harmless TPUSA and any related entities, executives, volunteers, heirs, benefactors, predecessors, contractors, clients, vendors, employees, officers, and representatives against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. This also applies to any third-party claims, suits, or actions brought against TPUSA and their related parties as a result of my actions, negligence, and/or recklessness at the Activity. If TPUSA incurs any of these types of expenses, I agree to reimburse them for the full cost. I acknowledge that TPUSA and its directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of TPUSA.
I acknowledge that this Activity may involve a test of or a strain on a person’s physical and mental limits and may carry with it the potential for death, serious injury, property loss, reputational damage, and/or economic loss. The risks, which may be completely out of the control and oversight of TPUSA, may include, but are not limited to, those caused by terrain, facilities, elevators, escalators, stairs, flashing lights, photography, videography, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic, city conditions, and actions of others, including but not limited to, participants, volunteers, security, first-responders, non-registered pedestrians, sponsor staff and volunteers, vendor staff and volunteers, speaker/presenter staff and security, spectators, coaches, event officials, event monitors, and/or producers of the event.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of any and all liability with no exceptions whatsoever. I expressly agree to release and discharge TPUSA and all of their related parties, from any and all claims or causes of action, and I agree to voluntarily give up and waive any right that I otherwise have to bring a legal action against TPUSA or any related parties for personal injury, reputational damage, economical loss, property damage, or any other loss whatsoever. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of TPUSA, their agents, and their employees. In the event that I should require medical care or treatment while at the Activity, I agree to be financially responsible for any and all costs, with no exception whatsoever, incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my actions (willful or otherwise), negligence, or recklessness, I acknowledge and agree to be held completely liable, with no exceptions whatsoever, for any and all costs associated with those actions.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and TPUSA agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this “waiver and release” shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
TPUSA reserves the right to revoke attendee acceptances and/or credentials at any time before or during the Activity, and such revocation may be made at the sole discretion of TPUSA, and for any reason or no reason at all—and no explanation is required to be offered to me for credential revocation. It is up to TPUSA’s sole discretion if a full or partial refund will be offered to me upon credentials revocation. TPUSA is not obligated to reimburse me for any expenses related to my travel to/from/during or presence at the Activity.
Without expectation of compensation or other remuneration, now or in the future, I hereby give my consent to TPUSA and their affiliates and agents, to use my image and likeness and/or any interview statements from me in its publications, advertising, or other media activities (including the Internet) in perpetuity and without restriction. This consent includes, but is not limited to:
- Permission to interview, film, photograph, tape, or otherwise make a video reproduction of me and/or record my voice;
- Permission to use my name; and
- Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of me, and/or recording of my voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings for educational and awareness.
When you visit the Activity website and/or register for the Activity, we use different methods to collect Personal Information from and about you. Such “Personal Information” may include, but is not limited to, name, email address, phone number, physical address, and demographic information. When you submit Personal Information to Turning Point, including signing up for our email list or submitting any form or registering for the Activity, you will receive information about Turning Point and Activity products, services, and educational offerings unless you choose to “opt-out.” Turning Point products and services may include sending you newsletters and publications, responding to your questions and comments, communicating with you concerning your purchases on the Turning Point website, emailing you updates concerning Turning Point products and services, and personalizing your visits to Turning Point website. Additionally, we may rent, sell, or lease your Personal Information to third parties, but such parties would be restricted to few and select Activity sponsors and speakers. You authorize Turning Point to do any of this (collect and share Personal Information) when you register for AmericaFest or visit the AmericaFest website; you authorize us to do this with no restrictions whatsoever unless you “opt-out.” If you have questions or concerns about your data or wish to no longer receive such offers (opt-out), please contact AmericaFest customer service.
DEFINED TERMS
Turning Point USA: Also known as “TPUSA”, Turning Point USA is a 501c3 charitable organization with the EIN of 80-0835023 and located at 4940 E. Beverly Rd., Phoenix, AZ 85044
Related Parties: Turning Point USA’s and/or Turning Point Action’s affiliates, executives, managers, officers, members, agents, attorneys, employees, volunteers, heirs, benefactors, representatives, predecessors, vendors, contractors, clients, successors and assignees, and any related businesses, corporations, LLCs, or partners.
COVID-19: An infectious disease caused by the SARS-CoV-2 virus.
