Rules

Reservation Terms & Conditions

These terms and conditions relate to an individual’s use of a reservation to gain admittance to Puffcon. Your reservation to Puffcon is a revocable license to attend Puffcon on October 1, 20212. By reserving your attendance you, agree to all of the terms below. Breach of this license or a failure to agree to these Terms and Conditions, the Release and Waiver of Claim, and/or Event Rules terminates any rights that you may have; and, renders use of the Reservation illegal and unauthorized for any purpose. Puffco reserves the right to refuse admission to or eject any person for the reasons above or for conduct it deems disorderly, obnoxious or unbecoming.

COVID-19 WARNING AND WAIVER OF CLAIMS

AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. BY VISITING OR ENTERING THE PREMISES, ATTENDEE ASSUMES ALL RISKS, HAZARDS, AND DANGERS INCIDENTAL TO PUFFCON. ATTENDEE VOLUNTARILY WAIVES ANY AND ALL CLAIMS AND POTENTIAL CLAIMS AGAINST EACH OF PUFF CORPORATION, PERFORMERS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, VENDORS AND CONTRACTORS (COLLECTIVELY, FOR PURPOSES OF THIS POLICY, THE “RELEASED ENTITIES”), THAT ARISE FROM OR RELATE IN ANY WAY TO, HOWEVER CAUSED, THE RISK OF CONTRACTING OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR THAT ARISE FROM OR RELATE IN ANY WAY TO, HOWEVER CAUSED, THE RISK OF EXPOSURE OR ACTUAL OR ALLEGED EXPOSURE TO A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, IN EACH CASE WHETHER THE ACTUAL OR ALLEGED CIRCUMSTANCES GIVING RISE TO ANY CLAIM OR POTENTIAL CLAIM OCCUR BEFORE, DURING, OR AFTER THE EVENT. EACH ATTENDEE OF A RESERVATION AND OTHERS ARE SUBJECT TO THE RELEASE & WAIVER OF LIABILITY AGREEMENT, BELOW. PLEASE REVIEW THIS AGREEMENT IN FULL PRIOR TO PURCHASING, USING, SELLING OR TRANSFERRING A RESERVATION AND PRIOR TO THE EVENT. ATTENDEE ASSUMES ALL RISKS AND LOSSES OCCURRING BEFORE, DURING OR AFTER PUFFCON, INCLUDING, WITHOUT LIMITATION, INJURY BY ANY CAUSE, AND RELEASES EACH RELEASED ENTITY (AS DEFINED ABOVE) FROM ANY AND ALL RELATED CLAIMS.

RELEASE AND WAIVER OF LIABILITY AGREEMENT

THIS RELEASE & WAIVER OF LIABILITY AGREEMENT (“AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.

IN CONSIDERATION of being permitted to enter and remain at Puffcon (the “Event”), and in addition to the agreement by each Attendee (as defined below) to the terms and conditions set forth on each reservation for the Event (each such reservation, a “Reservation” and each such event, an “Event”), which Reservation is a revocable license that grants one-time entry into the Event, and such Attendee’s agreement to be bound to all Reservation terms and conditions, whether printed or displayed on a Reservation, the website for Puffco or Puffcon, the website for the official Reservations services platform for Puffcon, or any other written communication from Puffco or any of its affiliates or its official Reservation services platform, such Attendee, on behalf of such Attendee hereby acknowledges and agrees to the terms and conditions set forth in this Agreement. “Attendee” shall mean each of (a) a holder of a Reservation entering the Event or seeking admittance to the Event or who has spent any time in or on the premises of the Event; and (b) a holder of a Reservation who, whether voluntarily or involuntarily, does not enter the Event, or who is denied admittance or access to the Event. “Related Persons” of an Attendee shall mean, collectively, such Attendee’s heirs, assigns, executors, administrators, and next of kin, and each individual attending an Event with such Attendee, including, without limitation, any accompanying minors, each individual on whose behalf such Attendee purchases any one or more Reservations or to whom such Attendee sells or transfers any one or more Reservations, including any minors, and other persons acting or purporting to act on such Attendee’s or any of the foregoing persons’ or entities’ behalf. Each Attendee represents and warrants that such Attendee has been authorized by each of such Attendee’s Related Persons to act on such Related Person’s behalf for purposes of the releases and waivers set forth in this Agreement.

1. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS

Each Attendee fully understands that: (a) the novel coronavirus SARS- CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people congregate; (b) no health and safety policies, assessments, screening measures, mitigation measures, cleaning procedures, precautions and/or protocols that will be implemented from time to time at Puffcon (collectively, the “Event Protocols”) by local, state and/or federal governmental agencies, Puffco or its affiliates or licensees, and/or third parties, can eliminate the presence of or the risk of exposure to COVID-19; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Centers for Disease Control and Prevention (CDC) and other public health authorities, (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and (iii) contracting COVID-19 can result in the further transmission of COVID-19 to Attendee’s spouse, family members, and other persons in proximity to Attendee; and (d) exposure to COVID-19 can result in subsequent quarantine, isolation, illness, disability, short-term and/or long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.

2. ASSUMPTION OF RISKS, HAZARDS AND DANGERS

EACH ATTENDEE, ON BEHALF OF ITSELF AND EACH OF SUCH ATTENDEE’S RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS, HOWEVER CAUSED, RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND ANY ONE OR MORE EVENTS, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, AND WHICH RISKS, HAZARDS AND DANGERS MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF ATTENDEE, ATTENDEE’S RELATED PERSONS, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, AND MAY OCCUR OR ARISE BEFORE, DURING OR AFTER THE EVENT, AND INSIDE OR OUTSIDE OF THE EVENT. ATTENDEE HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT THE EVENT. ATTENDEE HEREBY ASSUMES, ON BEHALF OF ITSELF AND ATTENDEE’S RELATED PERSONS, ALL AND SOLE RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.

3. RELEASE, WAIVER & COVENANT NOT TO SUE

(a) EACH ATTENDEE, ON BEHALF OF ITSELF AND SUCH ATTENDEE’S RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES, HEREINAFTER DEFINED IN SECTION 3(b), WITH RESPECT TO ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY THAT SUCH ATTENDEE OR ANY OF SUCH ATTENDEE’S RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE), OR THAT ANY OTHER ATTENDEE OR SUCH OTHER ATTENDEE’S RELATED PARTIES MAY HAVE (OR HEREINAFTER ACCURE) AGAINST ANY ONE OR MORE OF THE RELEASED PARTIES, THAT ARISE FROM OR OUT OF, OR RELATE IN ANY WAY TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS) OR SECTION 2 (ASSUMPTION OF RISKS, HAZARDS AND DANGERS) OR THE IMPLEMENTATION OR APPLICATION OF ANY ONE OR MORE EVENT PROTOCOLS (AS DEFINED IN SECTION 1 ABOVE), INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) A ATTENDEE’S EXPOSURE OR ALLEGED EXPOSURE TO COVID-19 OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 BY A ATTENDEE; (II) ANY EXPOSURE OR ALLEGED EXPOSURE TO COVID-19 EXPERIENCED BY ANY RELATED PERSON OF A ATTENDEE, OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 BY ANY RELATED PERSON OF A ATTENDEE, (III) A ATTENDEE’S OR ANY OF SUCH ATTENDEE’S RELATED PERSONS’ TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE EVENT AND/OR COMPLIANCE WITH THE EVENT’S RULES, POLICIES, PROCEDURES AND PROTOCOLS; OR (IV) ANY INTERACTION BETWEEN A ATTENDEE OR ANY RELATED PERSONS OF A ATTENDEE AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE EVENT (INCLUDING, WITHOUT LIMITATION, EMPLOYEES OR OTHER PERSONNEL OF PUFFCO) (ALL SUCH CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY DESCRIBED ABOVE IN THIS SECTION 3(a) THAT A ATTENDEE OR ANY OF SUCH ATTENDEE’S RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE), OR THAT ANY OTHER ATTENDEE OR SUCH OTHER ATTENDEE’S RELATED PARTIES MAY HAVE (OR HEREINAFTER ACCURE) AGAINST ANY ONE OR MORE OF THE RELEASED PARTIES, HEREINAFTER, COLLECTIVELY, THE “CLAIMS”), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE AND IN EACH CASE WHETHER THE ACTUAL OR ALLEGED CIRCUMSTANCES GIVING RISE TO ANY CLAIM OCCUR BEFORE, DURING OR AFTER ANY EVENT.

(b) THE “RELEASED PARTIES” ARE: (I) PUFF CORPORATION AND ITS, AFFILIATES, SUBSIDIARIES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, PARTNERS, MEMBERS, MANAGERS, PRINCIPALS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS), OTHER PERSONNEL, VENDORS AND SERVICE PROVIDERS, AND EACH OF THE FOREGOING INDIVIDUALS’ AND ENTITIES’ RESPECTIVE SUCCESSORS AND ASSIGNS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES; AND(II) EACH PARTY PROVIDING PRODUCTS OR PERFORMING SERVICES AT OR IN CONNECTION WITH THE EVENT.

(c) DUE TO RAPIDLY CHANGING COVID-19 REGULATIONS AND RESTRICTIONS, EACH EVENT’S COVID-19 REQUIREMENTS ARE SUBJECT TO CHANGE, AT ANY TIME AND WITHOUT NOTICE, TO COMPLY WITH FEDERAL, STATE AND LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES. EACH ATTENDEE ACKNOWLEDGES THAT IT IS SUCH ATTENDEE’S RESPONSIBILITY TO REVIEW AND CHECK THE LATEST SAFETY INFORMATION REGARDING COVID-19, INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC), CALIFORNIA DEPARTMENT OF PUBLIC HEALTH AND HEALTH AUTHORITIES OF THE JURISDICTIONS IN WHICH SUCH ATTENDEE RESIDES AND/OR FROM OR TO WHICH SUCH ATTENDEE MAY BE TRAVELING.

EACH ATTENDEE RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE THE RELEASED PARTIES IN RESPECT OF ANY CLAIM (AS DEFINED IN SECTION 3(a) ABOVE) ARISING OUT OF ANY CHANGE IN FEDERAL, STATE,OR LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES’ REQUIREMENTS, AS ENFORCED BY ANY ONE OR MORE OF THE RELEASED PARTIES, EITHER RETROACTIVELY OR PROSPECTIVELY.

4. GOVERNING LAW

Each Attendee hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of California, without regard to choice or conflict of law provisions.

5. ARBITRATION AGREEMENT

Each Attendee hereby agrees, on behalf of itself and such Attendee’s Related Persons, that: (a) any Claim (as defined in Section 3(a) above) asserted by such Attendee or any of such Attendee’s Related Persons, against any of the Released Parties shall be resolved by mandatory, confidential, final, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”); (b) this Section 5 is governed by the Federal Arbitration Act (“FAA”); (c) the FAA is applicable because the Released Parties are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (g) the arbitrator shall have the power to award any remedies, including reasonable attorneys’ fees and costs, available under applicable law; (h) judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant to this Agreement shall take place in Los Angeles County, California.

6. CLASS ACTION WAIVER

Each Attendee hereby agrees that any and all disputes, including any Claims (as defined in Section 3(a) above) made by such Attendee or by any of such Attendee’s Related Persons against any of the Released Parties must be arbitrated on an individual basis only. Each Attendee hereby waives any right to litigate or arbitrate any Claim (as defined in Section 3(a) above) as a class action, representative action or class arbitration against any one or more of the Released Parties.

7. SEVERABILITY

Attendee hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.

Event Rules

You must be 21+ to purchase tickets and attend Puffcon. Valid government issued identification will be checked prior to entry. If you are unable to provide sufficient verification of your age at the Puffcon, you will be politely refused entry.

Each person entering Puffcon and such person’s belongings may be searched on entry or re-entry into the Event and by entering the Event, each holder of a reservation consents to such searches and waives any and all claims that may arise with respect to such searches. If an individual elects not to consent to such searches, such individual may be denied entry to Puffcon.

Alcohol is strictly prohibited on-site. If you bring alcohol to Puffcon, you will be escorted off the premises.

Any item that could affect the safety of other Puffcon attendees, staff or performers shall not be permitted. This includes firearms, knives or weapons of any kind. Puffco reserves the right to prohibit or require removal of any items at its sole and absolute discretion. Any person that could affect the safety others shall be denied entry.

Recording of any performance at Puffcon is prohibited.

Tickets to Puffcon are not transferable. Any person who attempts to enter Puffcon through a reservation under another person’s name will be denied entry.