Visitor Agreement
PLEASE READ CAREFULLY. THIS IS A LEGAL AGREEMENT. IT INCLUDES A RELEASE OF CLAIMS FOR ORDINARY NEGLIGENCE AND AFFECTS YOUR LEGAL RIGHTS.
This Visitor Agreement ("Agreement") is between Tears of Nature LLC, a California limited liability company ("Tears of Nature," "we," or "us"), and the person accepting below ("you"). You are entering an immersive art installation located at 3841 Broadway Place, Los Angeles, CA 90037 (the "Exhibition"). In exchange for being allowed to enter, you agree to the following.
1. Assumption of Risk.
The Exhibition is a walk-through environment built from artistic, natural, and theatrical materials. It is not a conventional gallery or retail space. You understand and voluntarily accept the ordinary and inherent risks of visiting, including:
Walking surfaces that are uneven, wet, slippery, soft, sloped, moss-covered, landscaped, or difficult to see, and steps, platforms, ramps, and thresholds;
Cords, equipment, sculptural elements, plants, water features, and other trip, slip, and fall hazards;
Dim, changing, colored, flashing, strobe, projection, and theatrical lighting; fog, haze, scent, loud or sudden sounds, enclosed or confined areas, and intense sensory stimulation;
Moving, interactive, fragile, sharp, irregular, or protruding artistic elements, and elements that may shift, fall, or break;
Contact with soil, grass, moss, live and artificial plants, wood, water, adhesives, paints, fabrics, dust, pollen, insects, and other natural or fabricated materials;
Crowds, queues, and accidental contact with other visitors; and
Conditions in the entry line, the patio and outdoor areas, sidewalks, and any parking, valet, or rideshare areas.
You accept these risks knowingly and voluntarily, including risks that are not specifically listed above and risks that may not be obvious to you.
2. Health and Accessibility Advisories.
The Exhibition may not be suitable for everyone. Please speak with our staff before entering if any of the following apply to you:
Photosensitive epilepsy or sensitivity to flashing, strobe, or rapidly changing light;
Asthma or other respiratory conditions that may be affected by fog, haze, dust, or pollen;
Allergies to plants, pollen, soil, natural materials, paints, adhesives, or fragrances;
Limited mobility or vision, difficulty with uneven or dimly lit surfaces, or use of a mobility device;
Pregnancy, heart conditions, vertigo, or sensitivity to loud sound, confined spaces, or sensory stimulation.
We recommend closed-toe, flat, secure footwear. Tell us about any accommodation you need and we will make reasonable efforts to assist you. Nothing in this Agreement waives any right you have under the Americans with Disabilities Act, the Unruh Civil Rights Act, or any other law that cannot be waived.
3. Release of Claims.
To the fullest extent permitted by California law, you release the Released Parties (defined below) from all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses of any kind — including for bodily injury, illness, allergic or sensory reaction, emotional distress, death, and loss of or damage to property — arising out of or relating to your visit to the Exhibition,
EVEN IF CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
This release does not apply to gross negligence, recklessness, willful or intentional misconduct, fraud, or any other liability that cannot lawfully be released under California law. It also does not apply to injury or damage caused by another visitor or by an independent third-party vendor, for whose conduct we are not responsible.
You give this release on your own behalf and on behalf of your spouse, domestic partner, heirs, family members, and personal representatives, and anyone else who could bring a claim through you or because of an injury to you. You agree not to bring, or help anyone else bring, a claim you have released.
4. Released Parties.
"Released Parties" means Tears of Nature LLC and its owners, members, managers, officers, employees, volunteers, contractors, and agents, including Juan Ramal individually; the artists, designers, fabricators, performers, production companies, sponsors, vendors, caterers, security personnel, and valet operators participating in the Exhibition; and the owner of the property, OBA Broadway Pl LLC, together with its members, managers, officers, employees, and agents, its property manager, and Saxum West.
5. Personal Property.
You are responsible for your own belongings. We are not responsible for theft, loss, or damage to phones, bags, clothing, footwear, jewelry, cameras, or other property, including damage caused by water, soil, plants, paint, installation materials, or interactive elements. Please leave valuables at home and dress for an environment built from natural materials.
6. Visitor Rules.
While at the Exhibition, you agree to:
Follow posted signs and instructions from our staff;
Stay within the visitor pathway and designated areas;
Not touch, climb on, sit on, lean on, or stand on any artwork unless we invite you to interact with it;
Supervise at all times any child in your care;
Wear appropriate footwear;
Stay out of restricted, construction, employee, and equipment areas;
Not enter or remain if you are impaired to a degree that is unsafe to you or others; and
Tell staff right away about any spill, hazard, injury, or damaged artwork.
If our staff reasonably determines that your conduct is unsafe or is significantly disrupting other visitors, we may ask you to leave, and you agree to do so. We may also decline entry for the same reasons. Where the circumstances reasonably allow, we will give you a chance to correct the problem first, and we will refund your ticket if we ask you to leave for a reason other than unsafe or disruptive conduct.
7. Medical Emergencies.
We do not provide medical care. You authorize our staff to call 911 and to arrange reasonable emergency assistance for you if we believe it is needed, and you agree that we are not liable for doing so or for the acts of any emergency responder or medical provider. To the extent permitted by law, you are responsible for the cost of any ambulance, hospital, or other medical care you receive.
8. Photography and Recording.
We may photograph, film, and record the Exhibition, including visitors, and may use that content for documentation, press, advertising, social media, and other promotional purposes, in any media, without further notice, approval, or payment to you. You grant us permission to use your name, image, voice, likeness, and appearance as they appear in that content, and you release the Released Parties from claims relating to that use, including claims for invasion of privacy, right of publicity, defamation, libel, or slander.
If you prefer not to appear in identifiable promotional content, tell a staff member at the entrance or ask at the front desk at any time, and we will make reasonable efforts to exclude you. This opt-out does not extend to wide crowd or ambient shots in which you are not the focus.
You may take photographs and video for your own personal, non-commercial use. Tripods, lighting, drones, and professional or commercial shoots are not permitted without our advance written approval. Please do not photograph in a way that blocks pathways, delays other visitors, or requires you to touch, climb on, or lean into an installation.
9. Visitors Under 18.
Every visitor under 18 must be accompanied by a parent, legal guardian, or other responsible adult at all times while at the Exhibition. A parent or legal guardian must accept this Agreement on the minor's behalf using the Parent/Guardian Acknowledgment below.
10. Damage You Cause; Indemnity.
The artwork is fragile and, in many cases, cannot be replaced. You are responsible for the reasonable cost of repairing or replacing any artwork or property you damage intentionally or through your own negligence. You also agree to indemnify, defend, and hold harmless the Released Parties from any claim, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
(a) your conduct, your breach of this Agreement, or injury or damage you cause to another person or their property; and
(b) any claim brought by your spouse, domestic partner, family member, heir, personal representative, or anyone else claiming through you or because of an injury to you — including claims for loss of consortium, emotional distress, medical or funeral expenses, or wrongful death — to the extent that claim would have been released had you brought it yourself.
This indemnity does not apply to any liability arising from a Released Party's gross negligence, recklessness, willful or intentional misconduct, or fraud, or to any liability that cannot lawfully be indemnified under California law.
11. The Exhibition; Tickets; Limit on Other Claims.
The Exhibition is presented as-is. Installations, effects, lighting, routes, programming, and performances may change, be substituted, or be unavailable, and we do not guarantee any particular experience, artwork, or length of visit. A change of that kind is not grounds for a refund. For any claim that does not involve bodily injury, illness, or death — including a claim about tickets, admission, refunds, or the content or condition of the Exhibition — the total liability of the Released Parties to you is limited to the amount you paid for your ticket, and the Released Parties are not liable for lost profits, travel or lodging costs, or other indirect, incidental, or consequential damages. This Paragraph does not limit any right you have under the California Consumers Legal Remedies Act or any other law that cannot be waived, and does not apply to any liability arising from a Released Party's gross negligence, recklessness, willful or intentional misconduct, or fraud.
12. How You Accept This Agreement.
Each adult visitor must accept this Agreement individually. If you are buying tickets, you are accepting only for yourself and for any minor in your care — you are not accepting on behalf of other adults in your party, and each of them must accept before entering. Accepting electronically, including by checking a box at checkout or signing on a tablet at the door, has the same effect as a handwritten signature. We keep a record of the version accepted, the date and time, and the associated order or ticket information.
13. General.
This Agreement is governed by California law, without regard to its conflict-of-laws rules, and any dispute will be brought in the state or federal courts located in Los Angeles County, California. If any part of this Agreement is held unenforceable, that part will be limited or removed to the minimum extent necessary and the rest will remain in effect. This Agreement binds your heirs, executors, administrators, successors, and assigns, and survives your visit. If a Special Event Supplement (Schedule 1) applies to your visit, it is part of this Agreement.
Schedule 1 — Special Event Supplement
This Schedule applies only when Tears of Nature tells you it applies — for example, at a ticketed special event, a performance or workshop, a private rental, or an event where food or beverages are served. It adds to, and does not replace, the Visitor Agreement.
By attending an event to which this Schedule applies, you accept these additional terms.
A. Food and Beverages. Food and beverages are prepared and served by independent third-party caterers and vendors, not by Tears of Nature. We do not prepare food, and we cannot verify ingredients, allergens, or preparation methods. If you have a food allergy or dietary restriction, ask the vendor directly before consuming anything. You release the Released Parties from claims arising out of food or beverages provided by a third-party vendor, and from allergic or dietary reactions, to the fullest extent permitted by law.
B. Alcohol. Any alcohol is sold or served only by a licensed third-party vendor holding all required ABC permits. Tears of Nature does not sell or serve alcohol. You must be 21 or older to be served and must show valid identification on request. You are responsible for your own consumption and for arranging safe transportation. The vendor and our staff may refuse service to, and remove, any person who appears intoxicated or who cannot show valid identification.
C. Performances, Workshops, and Interactive Programs. Some events include live performance, hands-on activities, or installations that involve additional movement, materials, tools, or physical participation. Participation is voluntary. Follow all instructions from staff and performers, and stop and tell staff if you feel unwell or unsafe. You assume the additional risks of the specific activity you choose to join.
D. Private Events and Group Bookings. For a private rental or organized group visit, the host or organization is responsible for supervising its guests and for confirming that each adult guest has accepted the Visitor Agreement. Schools and organized youth groups must sign a separate group agreement before arrival.