In order for the purchaser and/or holder (hereinafter referred to as you "You" or "Your") of a valid wristband or ticket ("Ticket") to enter the Sunset Music Festival (the "Festival"), You must possess a valid Ticket that permits access to the Festival and check in at marked locations during specified time periods. Be sure to return to these Ticketing Terms and Conditions periodically to review the most current version. "Company" (as defined below) reserves the right at any time, in its sole discretion, to change or otherwise modify these Ticketing Terms and Conditions without prior notice. The most current version will always be posted on the Company website. BY PURCHASING A TICKET, YOU AGREE TO THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN ARTICLE 19 BELOW.
ARTICLE 1: YOUR TICKET
- For safety reasons, Company reserves the right to, without any prior notice or compensation to You: postpone, cancel, interrupt or stop the Festival; provisionally keep visitors on the Festival site at the end of the Festival; totally or partially vacate the Festival site; and deny access to the Festival site regardless of the possession of a valid Ticket.
- Subject to the limitations of this Agreement, the Company reserves the right to change, modify, or alter any aspect of the Festival (including, without limitation, the appearance of any performer or artist, and/or the order of performance of any performer or artist), at any time, for any reason whatsoever, without any prior notice or compensation to You. You understand that the artists and/or lineup for the Festival may be changed at any time in Company's sole discretion and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your Ticket.
- You understand, acknowledge, and agree that the names of any artist, act or performer contained in any Festival promotional material is intended for informational purposes only, and does not, in any way, represent the importance or headline status of any single artist, act or performer, and is subject to change without prior notice.
- EXCEPT AS EXPLICITLY OTHERWISE PROVIDED HEREIN, YOU UNCONDITIONALLY UNDERSTAND AND AGREE THAT ALL TICKET SALES ARE FINAL. THERE WILL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. THE FESTIVAL IS A RAIN OR SHINE FESTIVAL, EXCEPT IN THE EVENT OF LIFE THREATENING WEATHER.
- If the Festival is cancelled in whole, or in part, due to a "Force Majeure Event" (as defined below), You will not be entitled to a refund. Notwithstanding the foregoing, the Company may issue, at the Company's sole and absolute discretion, a partial or full refund of Your Ticket, by accounting for, among other considerations, the extent and nature of the cancellation. A "Force Majeure Event" shall mean an act of God, act of terrorism, flood, tsunami, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of Festival attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of Company. You understand that in all instances, the sole and exclusive remedy You may receive for any cancellation of any part of the Festival, if any, will be the face value of Your Ticket, excluding all fees and/or service charges paid by You in connection with the purchase of Your Ticket.
- By entering the Festival, You assume any and all risk and/or danger, known and unknown, foreseeable and unforeseeable, resulting from, or incidental to, the Festival, whether occurring prior to, during, or subsequent to, the Festival, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. You understand that Your use of Your Ticket is contingent upon Your voluntary assumption of the risk and danger that may result from, or be incidental to, Your presence at the Festival, whether occurring prior to, during or after the Festival, including, but not limited to, any actions or omissions of the "Company Parties" (as defined herein).
- You acknowledge and understand that the Ticket is a revocable license ("License") to attend the Festival for which it was issued, which is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by You in violation of any local, state or federal law, or that may endanger other ticketholders.
- The Festival will be a "cashless" event, which means that all purchases of merchandise, food or other products on-site at the Festival will be processed through Your Ticket in lieu of cash or credit card transactions. Prior to the Festival, all Ticket holders will receive instructions for "activating" their Ticket on a company affiliated website. The terms of the cashless elements of the Ticket will be available on the cashless website, including information pertaining to their use, any exchange ratio between United States Dollars (USD) and the Festival's digital currency (i.e., "SMF Dollars"), and fees associated with the cashless system.
ARTICLE 2: TICKET AND PROOF OF AGE REQUIRED
- In order to enter into the Festival, You must have Your own valid Ticket. One Ticket is required per attendee and will only be valid on the day(s) of the Festival and area(s) of the Festival as indicated on the Ticket.
- Your Ticket is not redeemable for cash. There will be no replacements for Tickets that are lost, stolen, destroyed or damaged and You unconditionally accept the risk of damage to, loss of and/or theft of Your Ticket.
- To ensure that Your Ticket is valid, purchase Your Tickets from Paylogic Nederland B.V. ("Paylogic") or any other Company-authorized sale channels listed on the official Company website https://smftampa.com. Tickets from unauthorized sales channels (e.g., scalpers) may be forged. In no event will forged tickets be honored or eligible for a refund.
- If you purchase your Ticket using the installment plan option, offered by Paylogic as a payment option when purchasing your Ticket through Paylogic, the Paylogic installment plan terms and conditions apply, which can be found here: paylogic.com/media/paylogictermsconditionsforticketinstallmentplan.pdf. Please review the Paylogic installment plan terms and conditions carefully.
- If You have any questions or concerns regarding ticketing for the Festival, including but not limited to, payment plans, please contact Paylogic customer support at email@example.com or by telephone at 0900-7295-6442.
- You must submit Your Ticket for validation upon entry into the Festival.
- Entry into the Festival is limited to persons that meet the minimum age requirements on or before the day of the Festival. To enter the Festival as a General Admission Ticket holder, You must be at least eighteen (18) years of age or older. To enter the Festival with a VIP Ticket, you must be at least twenty-one (21) years of age or older. The Festival is intended for mature audiences only.
- You must have one of the following forms of approved identification to enter the Festival that demonstrate proof of age. No exceptions will be made, even if You are accompanied by an adult or a person with valid identification. Failure to provide valid identification shall preclude You from entering the Festival and You shall not be entitled to any refund nor will You be entitled to, or will the Company be liable for, any other damages, including, but not limited to, incidental and/or consequential damages. In addition, during the Festival, You must be able to provide valid identification if requested by a member of security or crew. If You are not able to show a valid identification, You may be promptly ejected from the Festival without the opportunity to return to Your locker (if any), and You shall not receive a refund of Your Ticket.
- The following original forms of identification are ACCEPTABLE:
- United States Passport.
- DHS "Trusted Traveler" Card (Global Entry, NEXUS, SENTRI, FAST).
- United States Military ID (active duty or retired military and their dependents, and DOD civilians).
- Permanent Resident Card Border Crossing Card.
- DHS-Designated Enhanced Driver's License.
- Driver's Licenses or other state photo identity cards issued by Department of Motor Vehicles or equivalent (Paper ID's are not permitted).
- Native American Tribal Photo ID.
- A foreign government-issued passport.
- Canadian provincial driver's license or Indian and Northern Affairs Canada (INAC) card.
- Transportation Worker Identification Credential (TWIC).
- Mexican Consulate ID (Only Permitted with a secondary form of ID - EX: School ID).
- The following forms of identification are UNACCEPTABLE:
- Expired identification card.
- School identification card.
- License/Identification Card issued in countries other than the U.S. or Canada
- Birth certificate.
- Social security card.
- Federal immigration card.
- Voter registration card.
- Copies of any acceptable forms of identification.
ARTICLE 3: SECURITY CHECK
- Access to the Festival site is PROHIBITED and refused to, but not limited to, people who:
- Are under the influence of illegal drugs or any other illegal substances.
- Are suffering from alcohol intoxication which, in Festivals staff's sole discretion, has caused You to be in an impaired state.
- Have been previously banned from festivals and/or other events by the organizer, the administration or legal authorities.
- Are demonstrating an intent to disturb the peace or to provoke someone else to do so.
- Engage in fighting or disruptive behavior.
- Use foul language.
- Wear clothing with obscene or indecent language.
- Resist the direction of and search by the Festival security guards and security services.
- Refuse to declare and forfeits objects that are prohibited, as set forth herein.
- Distribute flyers or posters on or near the Festival site. If You would like to promote one of Your events, then please visit the official Company website for more information.
- Act in violation of the provisions of one or more articles of these regulations or in the spirit thereof.
- Please note all Ticket holders will be searched upon entering the Festival site any by purchasing Your Ticket, you hereby consent to such searches and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to the Festival, without refund or other compensation. Security guards will inspect all objects brought onto the Festival site including, but not limited to, clothing, luggage and other personal items in order to detect objects that may disrupt the course of the Festival, jeopardize the safety of other ticketholders, or disturb the peace. Security guards may search any persons and property on the Festival site at any time, including, but not limited to, storage lockers, and confiscate any prohibited items, in their sole discretion. Given the volume of attendees, it is not guaranteed that these objects will be returned to You. For that reason, please read Article 4 carefully.
ARTICLE 4: FORBIDDEN OBJECTS
- PROHIBITED ITEMS FOR THE FESTIVAL:
- NO Illegal Substances.
- NO Drugs or Drug Paraphernalia.
- NO Unopened Over the Counter Medications.
- NO Unopened Bottle of Vitamins.
- NO Animals (except service animals).
- NO Massagers.
- NO LED Gloves or LED Microlights.
- NO Laser Pointers.
- NO Pacifiers, Dust Masks, or Gas Masks.
- NO Glass, Cans, Cups, or Coolers.
- NO Markers, Pens, or Spray Paint.
- NO Large Chains or Spiked Jewelry.
- NO Stuffed Animals or Dolls.
- NO Stickers, Flyers, Banners.
- NO Inflatables, Balloons, Balls, Frisbees.
- NO Tents, Umbrellas, or Chairs.
- NO Bota Bags.
- NO Backpacks, Purses, or Bags larger than 21" x 10" x 14".
- NO Open Packs of Cigarettes.
- NO Unsealed Tampons.
- NO Liquid Makeup.
- NO Unsealed or Aerosol Sunscreen.
- NO Outside Food or Beverages (Including Alcohol, Candy, etc.).
- NO Musical Instruments (Including Whistles, etc.).
- NO Tactical Gear.
- NO Weapons of any Kind (Including Pocket Knives, Pepper Spray, Fireworks, etc.).
- NO Professional Recording Equipment - Photo, Video, or Audio (Including Detachable Lenses, Tripods, Big Zooms, etc.).
- NO Drones or Unmanned Aerial Vehicles (UAVs).
- NO Totems which contain metal pieces, sharpened elements, or are capable of being pounded into the ground or hurting others. Totems and flags without these pieces are deemed safe and adhering to these guidelines will be allowed.
- NO Items deemed as posing a threat to the safe enjoyment of the concert by management.
- If You bring any of the items on the above prohibited items list into the Festival, such items will be confiscated and discarded and You will be subject to removal from the Festival based on the sole discretion of Company. Under no circumstances will Company hold any prohibited items for You.
- PLEASE RESPECT YOUR BODY AND MIND. ALL PERSONS AND PROPERTY ARE SUBJECT TO SEARCH AND MAY BE REQUIRED TO TAKE OFF YOUR SHOES DURING SEARCH. LIFE IN COLOR MIAMI MUSIC FESTIVAL HAS A ZERO TOLERANCE FOR ILLEGAL ACTIVITIES. THE USE OF ILLEGAL DRUGS AND UNDERAGE DRINKING IS NOT PERMITTED. ANYONE FOUND WITH ILLEGAL DRUGS WILL BE SUBJECT TO REMOVAL FROM THE FESTIVAL AND WILL NOT BE ALLOWED BACK IN.
ARTICLE 5: CONDUCT AT THE FESTIVAL
- At the Festival, it is forbidden to:
- Try to access or be in sections restricted to certain ticketholders unless in accordance with Your Ticket or credentials, such as production rooms, artists' lodges, VIP zones, press rooms, offices, backstage and working areas.
- Climb tents, constructions, fences, closures, lighting columns, tables, benches or any other infrastructure of the Festival site.
- Obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting the Festival site.
- Wear a disguise or obstruct Your face to avoid being recognized.
- Display or make texts, symbols, images, gestures, wear clothing or articles of dress which, in the sole discretion of Festival staff or security personnel, contain and/or display language and/or images which are obscene, racist, xenophobic, provocative, or discriminatory.
- Be under the influence of illegal drugs or any other illegal substances.
- Be suffering from alcohol intoxication that, in Festivals staff's sole discretion, has caused You to be in an impaired state.
- Disturb the peace, demonstrate an intent to disturb the peace or provoke someone else to do so, or compromise the safety of the general public.
- Sell drinks, food, or any other product without the express consent of the Company.
- Throw or shoot any object or liquid, or throw or shoot any other product in loose or gaseous form.
- Smoke in the non-smoking areas.
- Urinate in public.
- Re-enter the Festival after being removed or banned from the Festival, even if You are in possession of a new Ticket (such Ticket will not be refunded).
- Deface, mark, damage, tear down or otherwise destroy, in whole or in part, any of the decorations or part of the Festival site.
- Litter or fail to maintain the cleanliness of the Festival site.
- Resist the direction of, and search by, security personnel.
- Refuse to declare and forfeit objects that are considered to be dangerous or off-limits by the Festival's security personnel - security personnel are under no obligation to return such forfeited items.
- Act in violation of the provisions of one more articles of these regulations or the spirit thereof.
- You must heed the directions of Festival organizers and security personnel at all times whilst on the Festival site. If You fail to comply with such directions, You will be removed from the Festival site, and, if necessary, Festival staff may call on the police for assistance.
ARTICLE 6: RE-ENTRY
- Ticketholders that exit the Festival will have to purchase a new Ticket to re-enter the Festival the same day.
- If You are removed from the Festival, Your ticket shall not be refunded and You will be denied re-entry, even if You are in possession of a new Ticket. If You have a new Ticket, Festival staff may seize that Ticket and You shall not receive a refund.
ARTICLE 7: UNAUTHORIZED SALE OR USE OF TICKET
- Anyone caught forging entry tickets or any other special admission tickets in order to access or sell such tickets to the Festival will be prosecuted without exception. Counterfeit tickets will not be honored or refunded by the Company and Your purchase of such ticket(s) is not binding on the Company whatsoever.
- Anyone caught tampering with or sharing their Ticket will be immediately ejected and banned from the Festival.
- Tickets may not be resold without prior explicit permission from the Company. Tickets which appear to have been resold without permission from the Company will not be honored or subject to a refund.
- The resale, attempted resale, or purchase of Your Ticket at a price higher than the official purchase price from the authorized ticket agent Paylogic, or other Company-authorized sale channels, is grounds for seizure and cancellation of Your Ticket without compensation. The only valid tickets are those purchased and/or redeemed through Paylogic or other Company-authorized sale channels listed on the official Company website.
- Tickets may not be used in association with any giveaway, sweepstakes, contest or similar activities, including, but not limited to, as a prize or incentive, without the Company's prior written consent. Any Ticket so used will automatically become void at the Company's sole discretion with no refund to You and/or the ticketholder.
ARTICLE 8: LOUD MUSIC AND SPECIAL EFFECTS WARNING
- Attendees of the Festival may be subject to extremely loud music and sounds, as well as strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity to any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the Festival premises, as such special effects may cause or induce seizures, diminished hearing loss and other health conditions.
ARTICLE 9 FESTIVAL INTELLECTUAL PROPERTY/RECORDINGS
- By attending the Festival, You understand, agree and acknowledge that (i) You may be photographed and filmed, and (ii) You hereby provide the Company with Your absolute, express consent to be photographed and filmed. You further understand and agree that these images and/or recordings can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for archival, promotional, and/or commercial purposes, in any manner, throughout the universe, and in any media, now known or hereafter devised, without any compensation to You. Your name, image and/or Your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio, visual, or audio-visual recording, photograph, or other reproduction or other publication of the Festival (the "Footage") and may also be used by or on behalf of the Company or any of the Company's parent entities, subsidiaries, affiliates, partners, sponsors, officers, shareholders, successors or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.
- At the Festival, there will be camera surveillance for the purpose of ensuring the safety and proper operation of the Festival. The Footage may be registered or stored by the Company or governmental authorities for the purpose of ensuring the security and safety of Festival attendees and the enforcement of and compliance with the safety regulations on the Festival site.
- Company owns the trademarks, imagery, name, likeness, and trade dress of the Festival (collectively, the "Festival Intellectual Property") and generally does not permit the use of the Festival Intellectual Property by third parties. and You agree not to make use of the Festival Intellectual Property except for nominative fair use or with prior written permission from Company.
- Company retains all webcast/Internet rights to the Festival. Any live content, whether for Internet or otherwise, from the Festival must be specifically agreed to in advance with Company. No one may transmit, broadcast, or communicate any live audio or visual image from the Festival site without Company's prior written permission. This prohibition includes use of any service which broadcasts to the Internet (e.g., CoverItLive, Meerkat, Pariscope, Qik, UStream, etc.). Even if you are a performer or sponsor, recording broadcasting, or communicating any live audio or visual image (whether for archival, documentary, or other use) is expressly prohibited, without the prior written permission of Company. Non-professional grade small video cameras and cameras are allowed at the Festival site.
ARTICLE 10: MERCHANDISE
- Official T-shirts and other Festival souvenirs are only on sale within the Festival site.
- Unless you have received written permission from Company, You may not sell any items at the Festival. Unauthorized sale of goods at the Festival may result in your removal from the Festival.
ARTICLE 11: PARKING
- The Company disclaims all responsibility from losses or damages to vehicles parked on or near the Festival.
- The Company is not responsible for losses or damage to any vehicle towed from the Festival site.
ARTICLE 12: REFUSE
- You must maintain the cleanliness of the Festival site and dispose of refuse properly. The collecting points for garbage and recycling on the Festival site will be clearly indicated.
- The bathroom facilities at the Festival are free of charge. It is forbidden to use any other location as a bathroom facility.
ARTICLE 13: ZERO TOLERANCE DRUGS POLICY
- The Company has a zero-tolerance policy regarding illegal drugs. It is forbidden on the Festival site to: (i) use, distribute, sell and/or to be in possession of illegal drugs; and (ii) distribute, sell or improperly use prescription or over-the-counter drugs. You understand and agree that Your use of the Ticket is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons, objects that may disrupt the peace or jeopardize the safety of other ticketholders, and/or other prohibited items prior to Your admission to the Festival site, and/or at any time thereafter. If any of these items are found, this License for admission shall be immediately revoked, such items will be seized by security personnel and forfeited by You, or You will be immediately removed from the Festival.
- If You are in violation of this rule, You will be immediately ejected from the Festival site. The Festival staff will closely monitor any potential illegal or prohibited drug activity, relying in part on security cameras placed throughout the Festival site.
- Company may choose to, but shall not be required to, offer amnesty bins at the Festival.
- You are permitted to bring into the Festival prescription drugs if you have a valid prescription with Your name clearly listed on the prescription. Prescription medications are allowed only in the original prescription bottle, any persons attempting to bring in prescription medication must have a government-issued photo identification card that matches the name printed on the prescription, and the pills in the bottle must match the description printed on the prescription. Further, if a patron has mixed multiple pills in a single prescription container or if a person is attempting to enter with prescription pills in a non-prescription container, medical representatives may be involved to make the final determination about whether or not such pills are to be allowed in the Festival. You will only be permitted to carry the dosage of medication required for the duration of the Festival.
- Over-the-counter medications are allowed in provided that they are new and the original, factory-sealed container.
ARTICLE 14: ADDITIONAL AMENITIES
- ATMs may be available at the Festival site.
- Rental lockers may be provided at the Festival, in which case You will be able to access them throughout the duration of the Festival.
- Some open-air stages are fitted with large screens enabling anybody who is standing further away to enjoy the Festival.
ARTICLE 15: ADA ACCOMMODATIONS
- If You would like additional information about available ADA accommodations, please email the Company at firstname.lastname@example.org or visit the official Company website for details at https://smftampa.com.
ARTICLE 16: FESTIVAL SAFETY
- Due to weather or other conditions, the floors and/or Festival grounds may in whole, or in part, slippery.
ARTICLE 17: MEDICAL CARE
- You hereby consent to medical care and transportation in order to obtain treatment in the Festival of injury as Festival staff, security, police or medical professionals may deem appropriate in their reasonable discretion. You understand this waiver extends to any liability that arises out of, or is in any way connected with, the medical treatment and transportation provided in the event of an emergency and/or injury.
- You hereby agree to release and hold harmless the Company Parties from any liability arising out of or in connection with the actions or omissions of the Company Parties related to Your medical care.
- You recognize and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated. By entering the Festival site, You voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that may sustain as a result of attendance at the Festival or while on the premises, except to the extent caused by the gross negligence or willful misconduct of the Company Parties.
ARTICLE 18: INDEMNIFICATION/LIMITATION OF LIABILITY
- You hereby indemnify and hold harmless the Company, Sunset Events, LLC, and LiveStyle, Inc., and each of their respective parent, affiliate, and subsidiary companies, and each of their respective representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns, Paylogic, and any other designated ticketing agent, Festival sponsors/promoters, and the performing artists, including, but not limited to, their respective management, their agents, their staff and their designees (all such individuals collectively referred to herein as the "Company Parties") from any loss, liability, damage or cost in any way arising out of, or related to, Your actions and omissions at, around, or while traveling to and from, the Festival and/or Your violation of these Ticketing Terms and Conditions.
- To the fullest extent permitted by law, You hereby waive, discharge, hold harmless and covenant not to sue the Company Parties or seek any relief (including injunctive or other equitable relief) from any and all liability arising out of, or in connection with, the Festival, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of, or related to, the Festival, Your attendance at the Festival, or Your travel to and from the Festival, except to the extent caused by the gross negligence or willful misconduct of the Company Parties.
- IN NO EVENT WILL THE COMPANY PARTIES OR THEIR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, OR IN CONNECTION WITH, THE FESTIVAL OR ANY PRODUCT OR SERVICE PURCHASED AT THE FESTIVAL, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER ATTENDEE OF THE FESTIVAL TO CONFORM TO THESE RULES, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE FESTIVAL, (c) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (d) ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OF FESTIVAL STAFF OR SECURITY TO HONOR YOUR TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE FESTIVAL IS TO LEAVE THE FESTIVAL. THE LIMITATIONS IN THIS ARTICLE 18 SECTION 3 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE BY YOU.
ARTICLE 19: MISCELLANEOUS PROVISIONS
- In no event shall the Company Parties be liable for any claim unless written notice is given within six (6) months from the date of the loss. No suit for any cause may be maintained against the Company Parties unless it is commenced within one (1) year after the Festival.
- YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY DISPUTE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU KNOWINGLY, VOLUNTARILY, INTENTIONALLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE OR CONFLICT IN CONNECTION WITH THIS AGREEMENT.
- These terms shall be governed by and construed under the laws of the State of Florida. Any controversy or claim arising out of or relating to these terms shall be brought only in the courts located in Hillsborough County in the State of Florida unless otherwise specified.
- By purchasing your Ticket, you agree that: (1) any controversy or claim arising out of or relating to (i) the Festival or (ii) the determination of the scope or applicability of these Ticketing Terms and Conditions or their enforcement, arbitrability or interpretation (each, a "Claim") entrant may have against the Company Parties will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Florida; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Ticketing Terms and Conditions and any of the other agreements referenced herein that You may have entered into in connection with the Festival; (5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant's and/or a Company Party's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against You or any Company Party; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against a Company Party exceed $125 USD, and You are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on entrant's behalf, subject to ultimate allocation by the arbitrator. In addition, if You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor any Company Party shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
- You understand that the Company Parties and all other related parties, including, but not limited to, each of the Company Parties and the related parties' management, employees, and agents, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere at the Festival site regardless of fault or reason, so act accordingly. Any and all losses incurred by You under this Article 19, Section 4 shall be subject to Article 18, Section 1 above. The Company recommends that You do not bring any valuables to the Festival.
- You unconditionally agree that the terms and conditions contained herein and/or referenced herein represent the entire agreement between You and the Company with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms, including, but not limited to, the text contained on the back of the actual Ticket and/or any contrary understanding or agreements between You and the Company. You further confirm that there are no other agreements between You and any of the other Company Parties. You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof, which may be made from time to time without prior notice to You. Any updates to our new terms and conditions will be posted to this website address.
- If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to effect the intent of the parties hereto, and the other provisions contained herein will remain in full force and effect. Company's failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.