(Last updated: November 1, 2021)
Caladan LLC, dba Cascade Games Convention (“CascadeCon”, “Caladan,” “we,” “us,” “our”), a Wyoming limited liability company headquartered in Bellingham, Washington, hosts and plans to host board game-related recreational events (each, generally, an “Event”).
These Event Rules and Policies (“Terms”) constitute an agreement (“Agreement”) between us and you. “You” and “your” refer to any person who registers (a “registrant”) himself, herself, or others for an Event (your “Registration”) as well as any person who attends an Event pursuant to a valid Registration (an “attendee”). These Terms comprise obligations on all registrants and attendees as well as policies dictating or enabling CascadeCon’s response to registrants’ or attendees’ behavior or other circumstances.
1. Registration
Upon Registration, either at https://cascadecon.games (the “Website”), or in person, or otherwise, and upon full and complete payment of the price for each attendee in a Registration CascadeCon grants a license to each registered attendee to enter the Event premises, play games at the event—and to do so with other registered attendees, socialize, and otherwise participate in the Event (the “License”). We may issue you a ticket, which is physical or electronic evidence of your License.
You acknowledge that your License as an attendee to attend and remain at the Event is conditioned on the your adherence to these Terms, and where applicable, the adherence of the person who registered you (“your registrant”) to these Terms as well as your registrant’s adherence to the Website Terms of Service, which are hereby incorporated by reference.
If you register other attendees’ Registrations, you hereby affirm that you have those attendees’ authorization to register their names, provide us their email addresses and other relevant personal information.
If you are an attendee and another person has registered for you, you hereby authorize the registrant to provide such information on your behalf.
You agree to bring a copy of the email confirming the Registration of your attendance to the Event, whether as a hard copy or electronically, along with reasonable proof of your identity, so that we can verify your Registration. At the Event, you may be issued a badge or other indicia of your proof of Registration. If you are an attendee, you agree to wear such badge at all times while present at the Event.
You must pay for any Registration by a credit card or debit card able to be processed through our third-party payment processor.
Tickets to attend an Event may have different conditions relating to the age or maturity of the attendee or other lawful conditions. You promise to purchase tickets appropriately according to these types of conditions we place on tickets.
All Registrations are nonrefundable, subject to the following exceptions: if the Registration was undertaken without the authorization of the payment cardholder, or if we revoke an attendee’s License to attend an Event without Cause, then CascadeCon will refund the price of the Registration for that attendee. Furthermore, you may cancel your Registration for a full refund if and after we make a material change to these Terms pursuant to Section 11 before the earlier of 30 days from the material change, or the date on which the Event for which you registered begins.
Nevertheless, Registrations are transferable up to one week before the applicable Event to persons who qualify to attend under the same ticket conditions (as contemplated by Section 1.6). For example, a child ticket may (only) be transferred to another child.
Between one week and the start of the event, CascadeCon may in its sole and absolute discretion determine whether to honor a transfer request. After the Event starts, Registrations and tickets are not transferable.
Although it is generally not CascadeCon’s desire or policy to cancel Registrations or remove attendees capriciously, we reserve the absolute right to revoke your Registration and License to attend an Event at any time for any reason not otherwise contrary to law, or to do so for no reason at all.
If you violate or breach this Agreement, and in particular the conduct provisions of Sections 2 and 3 and their subsections, we shall have “Cause” to revoke your License, expel you from the Event premises, and cancel your Registration, at our discretion. The price of Registration for an attendee is nonrefundable if that attendee’s License is revoked for Cause.
2. Personal Conduct
You agree, as an attendee, to hold yourself to the following standards of conduct. You agree, as a registrant, that the attendees you register shall hold themselves to the following standards of conduct.
In general, CascadeCon sets forth the following precatory exhortations so that CascadeCon’s Events are fun and edifying experiences for all attendees.
We aspire that any CascadeCon event will be one of joy, laughter, edification, and fun among attendees and hope that we all will generally be of good cheer.
You agree to be sportsmanlike in your conduct and in your gameplay.
We exhort you (as we will try to be) gracious and charitable in the interpretation of words and actions of others, particularly in the heat of competition or in a moment of another’s imperfection.
The following behaviors and conduct are prohibited and constitute breach of this Agreement. You agree not to engage in such conduct, which shall serve as a basis for immediate revocation of your License to attend and your expulsion.
You agree not to engage in criminal conduct while attending or in connection with a CascadeCon Event.
You agree not to engage in intentionally tortious behavior while attending or in connection with a CascadeCon Event. This includes—without limitation—battery, assault, conversion of personal property, trespass to chattels, false imprisonment, intentional infliction of emotional distress, and invasion of privacy.
You agree to obey all regulations and policies not otherwise contrary to law of the Port of Bellingham or any other vendor of the Event space.
You agree to comply with the lawful instructions of all CascadeCon managers, staff, and volunteers, and to comply with the lawful instructions of the Port of Bellingham and or any other vendor of the Event space.
You agree not to unreasonably endanger the safety of other attendees at the Event or the safety of other persons in connection with the Event, such as CascadeCon managers, staff, volunteers, vendors, or others.
You specifically agree not to attend the Event or enter the premises thereof while you are knowingly a pathogenic carrier of SARS-CoV-2 or its variants or while you are knowingly a pathogenic carrier of any pathogen transmissible through respiratory function, fluid transfer, or close contact, regardless of symptomatic or asymptomatic presentation (i.e., while you are “Infectious”). You also agree not to attend the Event or enter the premises thereof while you are presenting any symptoms whatsoever of COVID-19 or its variants or any other infectious or transmissible disease that is reasonably likely to spread through respiratory function, fluid transfer, or close contact or that otherwise qualify as such to the reasonable observer (i.e., while you are “Sick”). You further agree not to attend the Event if you have knowledge, or it is otherwise reasonably likely, that you have been in close contact with a person who is Infectious or Sick.
You shall not engage in harassment or stalking.
Unless the game you are playing at an Event according to its rules allows for cheating, legerdemain, or physical slight-of-hand for the purpose of gaining an advantage in the game (each, “Cheat[ing]”), e.g., in the card game Cheat, Munchkin, Cosmic Encounter, etc., you agree not to Cheat at any game while attending CascadeCon. For clarity, the existence of Cheating is conditioned upon the acting player’s intent or knowledge, not merely reckless or negligent behavior or an innocent mistake.
Nevertheless, we also exhort you to be charitable and to give the benefit of the doubt to any player who has made a mistake in a game and for which there is reasonable doubt as to his or her intent or knowledge.
For further clarity, lying or deception about hidden information within your purview or while you are engaged in diplomatic negotiations where there is no applicable game rule specifically forbidding such deception is usually disfavored but not considered Cheating and therefore allowed. We exhort you to be judicious and sparing with this behavior as it may give rise to annoyance, hurt feelings, or animosity. By contrast, where a game requires information to be open or the truth to be told, players must be open and tell the truth.
You agree not to engage in speech constituting, to the reasonable listener, excessive obscenity or swearing, and you agree not to engage in obscene speech in front of children you have reason to know are within earshot.
You agree not to engage in speech or behavior that is to the reasonable observer, disruptive, excessively annoying, vexatious, or that constitutes an intent to harass.
You agree not to attempt, solicit others, or conspire to do any of the prohibited conduct as set forth in/under Section 2.2.
3. Children
You agree to supervise your children or the children in your care and to reasonably prevent their disruption of other attendees, taking into account what is both age-appropriate and appropriate for a gaming Event.
Simultaneously, if you are an adult attendee without children present, you agree to be kind and charitable to children in attendance, taking into account what is both age-appropriate and appropriate for a gaming Event.
Children 8 years old and younger must be in the immediate supervision of a parent, guardian, or sibling 14-years or older.
Taking into account what is both age-appropriate and appropriate for a gaming Event, children 9 and older may play and participate as attendees outside immediate supervision. Children ages 9 to 12 must have an adult in the same room or general area but do not need to be under immediate supervision.
4. Tournament Rules
If you participate in any tournament hosted by CascadeCon, you agree to adhere to the tournament rules and regulations we set forth, which are incorporated into these Terms by reference.
5. Personal Property
You shall exercise a duty of reasonable care over your personal property, including your games, bags, food, drink, and other chattels, so as to ensure that you do not harm or disrupt others.
CascadeCon is not responsible for your personal property. You assume all risk for your personal property’s presence at an Event. However, lost property may be brought to CascadeCon staff, who will in good faith attempt to return the property to its rightful owner.
Upon the end of the Event where the lost property is found, if the property has not been returned to its owner, CascadeCon may discard or donate it.
The Port of Bellingham or other Event vendor may or may not allow for the overnight storage of games or other personal property in the Event space, which may be locked or secured. If so, you may keep your property in the Event space throughout the course of the Event, and you assume all risk for such storage.
6. Photo Release / Waiver of Right of Publicity
You hereby consent to allow CascadeCon and its agents and representatives to photograph and take video of you, and otherwise capture your image (as well as to photograph, take video of, and capture images of, your minor children), during your (or your children’s) attendance at a CascadeCon Event and to use your (or your children’s) likeness(es) in any and all of CascadeCon’s publications. You understand and agree we may edit, alter, copy, exhibit, publish, and distribute such likeness for the purposes of publicizing and marketing CascadeCon Events or for any other lawful purpose. You waive the right to inspect or approve any finished product, including written or electronic copy, wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising out of or relating to the use of the likeness.
7. Disclaimers / No Warranties
Other than as may be set forth elsewhere in these Terms or in additional written terms which we and you agree to, NEITHER CASCADECON, NOR ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, STAFF, OR VOLUNTEERS MAKE ANY SPECIFIC PROMISES ABOUT WHAT SERVICES WE MAY PROVIDE AT AN EVENT OR WHAT BENEFITS YOU MAY DERIVE FROM YOUR REGISTRATION OR AND/OR ATTENDANCE AT AN EVENT. CASCADECON DISCLAIMS ALL PROMISES ABOUT THE BENEFITS OF REGISTRATION FOR AND/OR ATTENDANCE AT ANY CASCADECON EVENT. By way of example but not limitation, CascadeCon disclaims all promises and makes no commitments pertaining to: (a) which other persons may attend or not attend an Event, (b) which games you may be able to play or observe, (c) the suitability of the Event space for the play of any particular game, (d) whether or not there will be sufficient time to complete one or more games, or (e) the behavior of other attendees.
CascadeCon hosts and provides each Event “AS IS.”
Some jurisdictions provide for certain warranties, such as the implied warranty of merchantabilty, implied warranty of fitness for a particular purpose, or other implied warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES.
8. Personal Injury: Assumption of Risk
Because the CascadeCon Event you are attending is a recreational event, you assume the risk of personal injury that you may incur during the Event, in general, for any and all reasons or causes.
Without limitation of the foregoing or of other specific risks you may encounter while attending or in connection with the Event, you also assume all risks, damage, disease, or injury in connection with the prevalence, existence, spread, transmission, symptoms, or infection of, arising out of, or due to the pathogen known as SARS-CoV-2, its disease known as COVID-19, or any variants thereof.
9. Indemnification
You understand that your participation in, involvement with, and attendance at a CascadeCon Event carries with it the potential for certain risks, some of which may not be reasonably foreseeable.
You acknowledge that these risks could cause you, or others around you, harm, including, but not limited to, bodily injury, damage to or loss of property, emotional distress, or death.
You agree that you are a willing participant in and attendee at the CascadeCon Event you attend.
You agree to release, indemnify, and hold harmless CascadeCon, as well as all its managers, members, employees, agents, representatives, staff, volunteers, successors, and assigns from all losses, claims, theft, demands, liabilities, causes of action, or expenses, known or unknown, arising out of your participation in or attendance at the Event or your agreement to these Terms (“Your Indemnification”).
Your Indemnification covers—without limitation—all injury, disease, and sickness that you may contract or experience, or that may otherwise arise, relate to, or be connected with or due to SARS-CoV-2, its related disease COVID-19, and/or any of its mutated variants, or any other disease or pathogen that you or any other person may contract or otherwise unknowingly or knowingly carry during or bring to the Event.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, CASCADECON, INCLUDING ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, STAFF, VOLUNTEERS, SUCCESSORS, AND ASSIGNS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, OR FINANCIAL LOSSES. MOREOVER, CASCADECON AND THE SUPPLIERS AND DISTRIBUTORS OF OUR SERVICES WILL NOT BE RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, CASCADECON’S AND ITS SUPPLIERS’ AND DISTRIBUTORS’ TOTAL LIABILITY, FOR ANY CLAIMS YOU MAY MAKE UNDER THESE TERMS OR UNDER THE WEBSITE TERMS OF SERVICE, INCLUDING FOR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU HAVE PAID US TO REGISTER FOR ANY EVENTS OR TO USE OUR SERVICES.
IN ALL CASES, CASCADECON, ITS SUPPLIERS AND ITS DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
11. Modification of These Terms
We may modify these Terms from time to time. Changes prior to the start of an Event are immediately effective as to that Event. You acknowledge and agree that your consent to these Terms upon Registration of your attendance also contemplates any modifications to these Terms after the Registration but before the Event for which you registered. The version of these Terms applicable to your Registration for and/or attendance at any Event shall be the version of these Terms immediately extant and in force prior to the start of the Event. Accordingly, you should visit and review these Terms on a regular basis and right before any Event you attend.
We may reduce benefits or services relating to Registration for any of our Events. We may suspend or cancel any of our Events.
12. Term & Termination
This Agreement and its Terms shall continue for so long as you retain one or more valid Registrations for a future or current Event as a registrant or one or more Registrations for a future or current Event include you as an attendee, and where applicable CascadeCon provides services to you under this Agreement, unless either party expressly terminates this Agreement.
13. Survival
Sections 5.2, 5.3, 6, 7, 8, 8.1., 8.2, 9, and 10 as well as any other terms necessary for this Agreement to not be a nullity, shall survive the termination of this Agreement.
14. Interpretation & Miscellaneous
These Terms control the relationship inherent in this Agreement and only apply between us and you. Except in the case where registrants to a CascadeCon event register third-party attendees during Registration, these Terms do not create rights for third parties, and other third parties are not beneficiaries to this agreement.
If you violate this Agreement, and we fail to enforce it immediately, we do not waive the right to enforce it later.
If a term in this Agreement is unenforceable, it will not affect the other Terms.
The laws of the State of Washington, excluding its conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Whatcom County, Washington, United States of America. You and CascadeCon both consent to personal jurisdiction in these courts.