THIS IS A RELEASE OF LIABILITY.
READ IT CAREFULLY AND COMPLETELY BEFORE SIGNING.
CORONAVIRUS/COVID-19 ACTIVITY PARTICIPATION ASSUMPTION OF RISK, RELEASE, WAIVER, AND DISCHARGE
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an asymptomatic individual can be infected with and transmit COVID-19 without their knowledge.
Christmas in the Park (CITP) has put in place preventative measures recommended by county of
Santa Clara to reduce the spread of COVID-19, however, CITP cannot guarantee that you, your child(ren), your spouse, or anyone else will not become exposed to or infected with COVID-19 as a result of participating in a CITP program, event, or activity. Participation in a CITP program, event or activity could increase the risk of contracting COVID-19. NOW, THEREFORE, in consideration of being permitted to participate in programs, events and/or activities offered by CITP, I understand, acknowledge and agree to the following:
I also acknowledge that in the event the State or local health department issues a mandatory “Stay at Home” order, or mandates the closure of certain programs and/or facilities, participant(s) will be entitled to a partial credit at the discretion of Christmas in the Park.
- I have independently evaluated and reviewed the risks of being exposed to or infected with COVID-19 and have determined to participate in CITP programs, events, and/or activities with full knowledge and acceptance of the risk.
- Fully understanding these risks, I, for myself, my child(ren), my spouse, my added guests, my legal representatives, heirs, and assigns, hereby agree to assume full responsibility and liability for the risk of bodily injury, illness, permanent disability, and/or death which may result from exposure to or infection with COVID19 before, during, or after participating in a CITP program, event, or activity.
- I, for myself, my child(ren), my spouse, my added guests, my legal representatives, heirs and assigns, hereby waive, release, and discharge CITP, its officials, employees, volunteers, attorneys, and agents from any and all liability to me, my child(ren), my spouse, my legal representatives, heirs, and assigns, for any and all losses or damages resulting from bodily injury, illness, permanent disability, and/or death, whether caused by negligence of CITP or its officials, employees, volunteers, attorneys, and agents or otherwise, which claims, losses, and demands arise during or result directly or indirectly from exposure to or infection with COVID-19 before, during, or after participating in a CITP program, event, or activity.
Conditions of Sale
All sales are final and all tickets are non-refundable. You assume all risk and danger incidental to the Christmas in the Park experience. No alcohol, drugs, weapons allowed. Recording devices, still cameras, and video cameras are permitted. You hereby consent to the use of your image or likeness incidental to any display, transmission, or reproduction of the event. Guest agrees to remain within his or her vehicle at all times during the Christmas in the Park experience. Guest assumes any damage to Christmas in the Park property caused by guest’s negligent and/or reckless conduct, including negligent or reckless operation of guest’s vehicle. Management reserves the right to refuse admission or eject any person whose conduct is deemed by management to be disorderly or who fails to comply with the terms and conditions herein. Christmas in the Park will not be responsible for damaged, lost, or stolen personal items. Guest assumes all responsibility for personal items, including but not limited to cameras, clothing, jewelry, electronic devices, purses, wallets, and all other personal items.
In the unlikely event of a severe weather event or Act of God that may inhibit operation of the Christmas in the Park experience, guests will be provided a replacement ticket for another date and time during the same operating season, subject to availability.
I grant to Christmas in the Park, its representatives and employees the right to take photographs of me, my children, my friends, family, guests and my property in connection with the above identified subject. I authorize Christmas in the Park, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Christmas in the Park may use such photographs of me, my children, my friends, family, guests and my property with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content and without compensation.
Strobe lighting effects will be used. Visitors that may suffer from epilepsy & other visual light stimulation effects are advised not to enter. If you choose to enter you are doing so at your own risk, Christmas in the Park is not responsible for any related injury or death.
Christmas in the Park is committed to respecting and protecting your privacy rights when visiting any
page of our Website, www.christmasinthepark.com. To protect your Personal
Information, Christmas in the Park has created the guidelines outlined below,
which explain the kinds of information the website collects, how it is used,
the conditions under which it is made available to third parties, how
information is maintained and our compliance with the Children’s Online Privacy
Act. Your use of the website indicates your acceptance of and agreement with
While visiting the website, we may ask you to provide
information that personally identifies you ("personal information")
for purposes of interacting with the website. Such personal information may
include, but is not limited to, your name, phone number, street address and
e-mail address, age and gender. On any page that collects personal information,
we will specifically describe what information is required in order to provide
you with the product or service or enter you in the promotion you have
requested, as well as respond to your inquiry or comment. This personally
identifiable data is collected by means of form interfaces on our website, into
which the user must voluntarily enter the information requested. If you place
an online order or enter a commercial transaction at this website, we will
collect additional personally identifiable information, including billing
address and credit card information. We may also collect personally
identifiable information through purchase forms, surveys, contests, emails we
receive from you and your other interactions with our website. You may browse
the website without registering or providing any personally identifying
This website also collects anonymous data that is not
indicative of and cannot be traced to an individual without the cooperation of
their Internet Service Provider. This data includes information about the
user's remote IP address, referral data (which page "linked" to the
present request) and the browser software's user-agent string. This information
is accepted passively from the HTTP headers that are sent from the user when
requesting any file from the server. Christmas in the Park does log IP addresses for
systems administration, troubleshooting purposes and to determine website
The website uses "cookies", which are
elements of data that a website can send to your browser, which may then be
stored on your system. This element of data is a piece of text, not a program.
The website can only access the information from a cookie sent by the website.
We cannot access other cookies sent by other websites or the information
contained therein. Additionally, we cannot learn your e-mail address or any
other information about you through the use of a cookie. The only way we would
learn such information is if you specifically and voluntarily submit that information
to us, for example, through a registration system, by entering a sweepstakes or
personalize your experience when you are visiting the Website. By tracking
usage, we can best determine what features of the website best serve the users.
the website. The information is used to keep our website fresh and relevant to
you, the user. Cookies also allow you to avoid retyping your e-mail address on
the website. The information stored in a cookie is used to allow us to
personalize your experience on the website.
May I decline to accept a cookie?
You may decline to accept cookies sent by the website by selecting an option on
your browser to reject cookies. However, some portions of the website may
require cookies in order to provide you with the full set of features offered.
Cookies enable our server to know that you are a registered user. In addition,
our registration system may require that you accept the cookies from the
website in order to access that portion of the website.
Use of Personal Information
We believe in protecting your privacy and will not share personal information
with third parties outside of Christmas in the Park, except as described in this
with the information you share with us. We use personal information about you
to improve our advertising and marketing efforts, to statistically analyze
website usage, to improve our content and product offerings and to personalize
the website's content, layout, and services. We also may use your personal
information, such as your e-mail address or mailing address, to contact you
regarding products and/or services that may be of interest to you, to respond
to an inquiry from you regarding the information that we have collected, to
respond to your comments and suggestions and to fill orders and complete
commercial transactions that you initiate with this website.
Christmas in the Park may match specific and/or aggregated personal information with
third party data to provide you with product and content offerings that
interest you and improve our advertising and marketing efforts. Christmas in the Park also may disclose aggregated user statistics in order to describe our services
to potential advertisers, partners, other third parties, our affiliate
companies and for other lawful purposes. For example, we provide our
advertisers with aggregate information about our users, such as statistics
regarding the number of website users that view their advertisements.
As part of your experience on our website, you may receive communications from
us related to products and services that might interest you. While we believe
these services will enhance your experience at our website, you will at all
times be able to opt out from receiving these communications, either by
specifically opting out of these services or by deleting your profile from our
We have today, and will in the future, have arrangements with third party
service providers, such as credit card processors, shipping companies, and
fulfillment services, other third-party vendors, or any partner who assists in
the operations and/or administration of this website.
When you sign up for a service we offer on the Website, we may be required to
share personal information with that service provider in order to provide the
service. These third party providers are not permitted to retain or use
personal information for any purpose unrelated to providing the service.
We reserve the right to disclose personal information when needed to comply
with the law or a legal process, cooperate with investigations of purported
unlawful activities, to identify persons violating the law, to investigate or
assist in investigations incident to misuse or abuse of this website, or in
connection with the sale of part or all of Christmas in the Park.
Party Collecting the Information
Information entered by website visitors is retrieved directly by Christmas in the Park: 171 Branham Lane Suite 10-234, San Jose, CA 95136
that the website collects from you. To the extent that you disclose any
information to other parties, whether through, for example, online auctions,
chat rooms, personal ads, or the like, through third party services or
promotions offered on or through the website or through other websites
throughout the internet, different policies may apply and Christmas in the Park shall not be responsible for the use or dissemination of such information.
Links to Other Materials
Third party sites linked to and from the site are not necessarily under the
control of Christmas in the Park. Christmas in the Park shall have no
responsibilities or liabilities whatsoever for the content or privacy practices
of any such linked site or any link or linking program at any time. Christmas in the Park does not necessarily endorse companies (or related products or services) to or
from which the website is linked. If you decide to access any of the third
party sites linked to the website, you do so entirely at your own risk. Christmas in the Park hereby disclaims any rights to trademarks, service marks, trade names, logos,
copyrights, patents, domain names or other intellectual property interests of
The Children's Online Privacy Protection Act of 1998
(“COPPA”) applies only to websites of a commercial nature, and while Christmas in the Park is a nonprofit organization, it considers COPPA to provide sound advice for any
website that is intended for use by children. For this reason, Christmas in the Park does not knowingly collect or solicit any personally identifiable information
from children under 13 years of age without verifiable parental consent.
In the event that we receive actual knowledge that we have collected such
personal information without the requisite and verifiable parental consent, we
will delete that information from our database as quickly as is practicable.
With respect to any form interface that appears on a webpage at our website, no
information will be knowingly collected from any user under the age of 13.
Where “age” or “date of birth” is requested on the form interface, no
information will be stored or transmitted unless the response indicates that
the user is 13 years of age or older.
Providing personal information is never a prerequisite for accessing the basic
content or resources on this website.
Maintenance of Personal Information
The personally identifiable information collected at
this website may be indefinitely retained and electronically archived. Please
keep in mind that information collected at this website may be different than
that collected at or through other activities, events, or functions related to Christmas in the Park and the use and disclosure, if any, of such information may vary and are not
covered under this policy.
We respect your privacy and ability to choose whether to share information with
us and any third party. You may choose to "opt-out" of sharing
personal information in several ways. When choosing to use certain features or
services on the website, you can choose whether to share optional personal
information in connection with the feature or service. If you receive
communications from us that you prefer not to receive, you may opt-out from
receiving these communications, either by specifically indicating this
preference in a communication to us via the Unsubscribe link or by deleting
your registration profile from our database. You may also opt-out altogether
from providing personal information to us by not registering on the website and
thereby not providing personal information. You may also choose at a later date
to have your name removed from our database. To do so, please follow the
process described below. Certain portions of the website and certain services
provided on the website, however, do require registration in order to access or
use these areas and services. If you choose not to register or provide certain
information, these areas will not be accessible to you.
Reviewing, Changing and Deleting Your Personal Information
You may access all of the personal information that we
collect from you online and maintain by e-mailing us at email@example.com. To
protect your privacy and security, we will also take reasonable steps to verify
your identity before granting access or making corrections.
Christmas in the Park maintains industry standard encryption technologies to ensure
the security, integrity and privacy of the personal information that you
provide through the website. Please keep in mind, however, that no data
transmission over the Internet or any wireless network can be guaranteed to be
100% secure. As a result, we cannot guarantee the security of any information
you transmit using our website, and therefore, it is important to remember that
you transmit such information at your own risk. Christmas in the Park does not
assume responsibility for use or disclosure of your information that are the
result of unauthorized or illegal access to our systems or to those of our
vendors or partners.
If you have any questions or comments about our
Effective Date and Changes
Understanding that Internet technologies are rapidly evolving, any changes to
this policy will be promptly posted on this page, with an updated
"effective date" posted below. Christmas in the Park reserves the right to
modify the terms of this policy at any time and in our sole discretion, by
posting a change notice to this page. Your continued use of the website
following our posting of a change notice will constitute binding acceptance of