FESTIVAL FACEMASK REQUIREMENTS AS IT RELATES TO ADA & RELIGION
Mask Wearing MAY BE Required for an Event Attendees, regardless of any attendees claiming ADA or Religious exemption.
If this requirement is given by any local or federal authorities, the following terms apply:
A state or local government agency or private business may not have to provide a reasonable modification to the face mask policy if the individual with a disability poses a direct threat to the health or safety of others.
A direct threat is a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.  The determination that a person poses a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability. It must be based on an individual assessment that considers the particular activity and the actual abilities and disabilities of the individual.
During a pandemic, state and local government agencies and businesses should use the most up to date information from the Centers for Disease Control and Prevention (CDC), the U.S. Department of Labor Occupational Safety and Health Administration (OSHA), and the state public health agencies. Because the pandemic threat to health and safety will vary by region, you should consult your local public health agency for guidance.
To limit a direct threat from the COVID-19 pandemic, a state or local government agency or private business may impose legitimate safety requirements necessary for safe operation. However, these groups must ensure that their safety requirements are based on real, specific risks, not on speculation, stereotypes, or generalizations about individuals with disabilities. These safety requirements must be consistent with the ADA regulations about direct threat and legitimate safety requirements, and consistent with advice from the CDC and public health authorities.
In order to limit a direct threat and have safety requirements in place to address the COVID-19 pandemic, state and local government agencies and businesses may:
a) Develop policies and procedures for prompt identification and isolation of people with symptoms of COVID-19, including employees and customers;
b) Offer face masks to employees and customers;
c) Inform customers about symptoms of COVID-19 and ask sick customers to minimize contact with workers and other customers until they are healthy again;
d) Post signs with COVID-19 information in places that sick customers may visit (e.g., pharmacies, hospitals, public health agencies, grocery stores);
e) Include COVID-19 information in automated messages sent when messages are sent to customers via phone messages, text, or email; and/or
f) Limit customers in-person access to the buildings operated by a state or local government agency or private business, as appropriate.
THE CIVIL RIGHTS ACT OF 1964
All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the grounds of race, color, religion, or natural origin,” states Title II of the law, codified at 42 U.S. Code §2000a.
Title II protects against discrimination on the basis of religion (and other protected traits) in public accommodations.
SURPRISE FESTIVAL DAYS – TICKET HOLDER AGREEMENT
The term “Event(s)” means collectively, Culinary and Beverage Festivals, Pop-Up Dining Experiences, Influencer Events, Concert Events, Music Festivals, and Community Festivals, currently scheduled to be held in several cities throughout the United States (“Event Dates”) at various locations (“Event Facility OR Event Facilities”). The Event(s) are produced and managed by Rock the Fork Arizona, Inc (“RTF”) As used hereinafter, the term (“Producer”) means, collectively, RTF, and each of its/their respective officers, directors, agents, affiliates, representatives, employees and assigns, unless the context requires otherwise. The term (“Ticket Holder” OR “I” OR “ME” OR “MYSELF”) means, collectively (I) the person or entity that purchased or received event tickets for any of the Event Dates and agreed to enter into this Agreement upon acceptance by Producer in the manner stated below and (ii) each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees, as applicable.
1. AGREEMENT ACCEPTANCE
THESE TICKET HOLDER TERMS AND CONDITIONS SHALL CONSTITUTE AN AGREEMENT BETWEEN THE PARTIES AND BECOME BINDING AND EFFECTIVE UPON SELECTION OF THE CONFIRMATION BOX NEXT TO THE TERMS AND CONDITIONS DURING THE CHECKOUT PROCESS AND SUBMITTING PAYMENT FOR ANY EVENT SERVICES/PRODUCTS. IP ADDRESSES ARE RECORDED WITH EVERY CHECKOUT.
2. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PRODUCER OR THE EVENT FACILITY BE LIABLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY OF THE ACTS OR OMISSIONS WHETHER OR NOT APPRISED OF THE POSSIBILITY OF ANY SUCH LOST PROFITS OR DAMAGES. IN NO EVENT SHALL PRODUCERS MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID TO PRODUCER BY TICKET HOLDER FOR EVENT PARTICIPATION PURSUANT TO THIS AGREEMENT. Producer makes no representations or warranties, express or implied, regarding the number of persons who will attend any event or regarding any other matters.
3. ASSUMPTION OF RISK
Ticket Holder expressly assumes all risks associated with, resulting from or arising in connection with Ticket Holder’s participation or presence at the event, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, or profits of Ticket Holder , whether caused by negligence, intentional act, accident, act of God or otherwise. Ticket Holder has sole responsibility for his/her property or any theft, damage or other loss to such property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by its insurer). Neither Producer nor the Event Facility accepts responsibility, nor is a bailment created, for property delivered by or to Ticket Holder. Neither Producer nor the Event Facility shall be liable for, and Ticket Holder hereby fully and forever release and discharge the Producer and the Event Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives and attorneys, and predecessors, assignees and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys’ fees, losses, expenses and liabilities whatsoever, in law, equity or otherwise (collectively “Claims”) which either may now have or have had or which may hereafter accrue, individually, collectively or otherwise in connection with, relating to or arising out of Ticket Holder’s participation and/or presence in the event(s). Ticket Holder acknowledges that there is a possibility that subsequent to the execution of this Agreement, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this Agreement was executed, and which if known by it at that time may have materially affected its decision to execute this Agreement. Ticket Holder acknowledges and agrees that by reason of this Agreement, and the releases contained in this Section 3, it is assuming any risk of such unknown facts and such unknown and unsuspected claims. If applicable, Ticket Holder has been advised of the existence of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Ticket Holder knowingly and voluntarily waives the provision of Section 1542, as well as any other statute, law or rule of similar effect.
Ticket Holder assumes all risks and danger incidental to the event for which this ticket was issued, whether occurring prior to, during, or after the event. On behalf of myself, my business, my business partners, my spouse or domestic partner, my children, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s) hired staff members, and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”), (a) I WAIVE, RELEASE, AND DISCHARGE THE FOLLOWING PERSONS OR ENTITIES: ROCK THE FORK ARIZONA, INC, the PRODUCERS, and their insurance carriers, sponsors, exhibitors, event vendors, event promoters, subcontractors, product suppliers, participating charities, event and event directors, employees, instructors, volunteers, event location owners and landlords, all states, cities, counties, or localities in which events or segments of events are held, and the stakeholders, parent companies, subsidiaries, officers, directors, employees, representatives, volunteers, and agents of any of the above (the “Released Parties”) FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES TO ME OR MY BUSINESS DUE TO EVENT ATTENDANCE, CLOSURE, OR ANY OTHER REASON WHATSOEVER, OR ANY LOST AND/OR STOLEN ITEMS, WHICH ARISE OUT OF, OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM ANY EVENT, in any manner whatsoever, even if such claims, losses, or liabilities are caused by the ordinary negligence or acts or omissions of the Released Parties that I am hereby releasing or are caused by the ordinary negligence, or acts of any other person or entity; and (b) ALSO AGREE that the Released Parties shall not be responsible or liable in any way for: (i) any safety, participation or accounting procedures (“Procedures”) of any event, or any changes thereof (ii) any other harm caused by an occurrence related to any event, from and against any claim or cause of action arising out of the receipt or use of any Procedures associated with the event, (iii) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable prizes, payments, or other materials (iv) or communications via telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (v) any condition caused by events beyond the control of the Released Parties that may cause any event, and its event Procedures therefrom, or any results of the Procedures to be disrupted or corrupted; (vi) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with any of the Procedures; (vii) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the event Procedures; (viii) acceptance, possession, remittal or use of any prizes or payments; (ix) any alleged violation by Me of any law, regulation, or right held by a third party; (x) any event where time and location changes, based on city permit processing and/or scheduling conflicts with location property managers; (xi) any event where production time has exceeded, which leads to Procedures being adjusted to accommodate for time constraints in My city; and (xii) any challenge or event were the weather is too dangerous for completing any event, and needs to be stopped before I can complete any event.
5. PHOTO RELEASE
I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in any event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness. ALSO AGREE that the Released Parties shall not be responsible or liable in any way FROM THE USE OR REUSE OF MY APPEARANCE, PERFORMANCE, NAME, VOICE, LIKENESS, OR BIOGRAPHICAL INFORMATION (including, without limitation, any claim that such use invades any right of privacy and/or publicity) Holder acknowledges that the event may be broadcast or otherwise publicized, and hereby grants permission to utilize holder’s image or likeness in connection with any live or recorded transmission or reproduction of such event.
Ticket Holder shall on a current basis, indemnify, defend (with legal counsel satisfactory to Producer in its sole discretion) and hold Producer and the Event Facility harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees and expenses, which result from or arise out of or in connection with (a) Ticket Holder’s participation or presence at the event(s); (b) any breach by Ticket Holder of any agreements, covenants, promises or other obligations under this Agreement; (c) any matter for which Ticket Holder is otherwise responsible under the terms of this Agreement; (d) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (e) any libel, slander, defamation or similar claims resulting from the actions of Ticket Holder; (f) harm or injury (including death) to Ticket Holder; and (g) loss or damage to property or the business or profits of Ticket Holder, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise. Ticket Holder shall not settle or compromise any claims against Producer without Producer’s prior written consent.
7. NO REFUNDS
THERE ARE ABSOLUTELY NO REFUNDS FOR TICKET HOLDER FEES. All ticket sales are final. No refunds or exchanges will be provided. Shipping, handling, and service charges are non-refundable, even if the event is cancelled. No exceptions. In the case of an event being combined with another, relocated to a new venue, or rescheduled for any reason, ESPECIALLY, DUE TO COVID-19 RESTRICTIONS, or conceptually altered in any way, all tickets will be valid at the combined, altered, relocated and/or rescheduled event. Hot Air Balloon activities are subject to the weather and if there is a safety concern, which cancels any Hot Air Balloon activities, tickets will NOT be refunded. Refunds will be issued ONLY if a rescheduled date does not take place within twelve (12) months from the original event date. Producer is not responsible for articles lost, misplaced, or stolen at the event for which your ticket grants admission. Music, Culinary, Comedy, Exhibitor Line-ups are subject to change at any time. Food and Beverage vendors are subject to quantity and seasonality limitations and may run out during any Event.
8. TRANSFERING TICKETS
If you can no longer attend the event, we recommend you gift or sell your ticket. Unauthorized resale or attempted resale is grounds for seizure and cancellation without compensation. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void. This ticket cannot be replaced if lost, stolen or destroyed, and is valid only for the event for which it is issued. This ticket is not transferable or redeemable for cash.
9. EVENT ETIQUETTE
Producer reserves the right, without the refund of any portion of the ticket purchase price, to refuse admission or to eject any person whose conduct is deemed by Producer to be disorderly, who uses vulgar or abusive language, or who fails to comply with the rules of the event. Holder agrees to drink responsibly if consuming alcoholic beverages. Holder may not bring alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers of any kind into the premises. Please respect the venue and the environment and avoid litter. Recording and transmitting any report, picture or reproduction of the event to which this ticket is issued is unauthorized, except for limited non-commercial purposes on holder’s personal social media channels only provided that holder is solely responsible for and required to obtain any and all permissions required prior to posting, including but not limited to music clearances, and that recording or transmitting any video in excess of fifteen (15) seconds long (regardless of whether it is a single video or series) is strictly prohibited. Tickets are a revocable license for the date and time (unless rescheduled) listed on the front thereof. Entry into the event is strictly limited to people who are over such age as designated by Producer.
10. TICKET SWEEPSTAKES, PROMOTIONS, ETC.
The use of this ticket for advertising, promotions, contests, sweepstakes, giveaways, etc. without the express written consent of Producer is expressly prohibited.
11. COVENANT NOT TO SUE
(a) I AGREE NOT TO SUE ANY OF THE RELEASED PARTIES IN SECTION (4) FOR ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, EXPOSURE TO COVID-19 CORONAVIRUS, CONTRACTING COVID-19 CORONAVIRUS, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES DUE TO EVENT CLOSURE, POSTPONEMENT, CANCELLATION, OR ANY OTHER REASON WHATSOEVER, OR LOST AND/OR STOLEN ITEMS, AND ALL POTENTIAL LIABILITIES LISTED IN SECTION (4)(a) SECTION (4)(b), THAT ARISE OUT OF OR RELATE TO MY PARTICIPATION IN ANY EVENT; and (b) To the fullest extent permitted by law, I AGREE TO DEFEND, PAY ON BEHALF OF, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES IN SECTION (4), for any and all claims or demands, suits, loss, or liabilities assessed against them by me, my parent or guardian, co-participants, rescuers, and others, as a result of ALL POTENTIAL LIABILITIES LISTED IN SECTION (4)(a) SECTION (4)(b), THAT ARISE OUT OF OR RELATE TO MY PARTICIPATION IN ANY EVENT WHATSOEVER.
12. GOVERNING LAW
This Agreement is governed by the laws of the State of Arizona as applied to contracts entered into and entirely performed within such state. Exhibitor agrees that the courts located in the State of Arizona shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this Agreement or the breach of any provision of this Agreement. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in Surprise, Arizona.
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement (including, without limitation, Section a [the Assumption of Risk provision] and Section b [the Release] and Section d [the Covenant Not to Sue]) remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
(a) If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. (b) Any dispute arising out of or relating to this Agreement, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of Surprise, Arizona, in accordance with the United States Arbitration Act. There shall be three arbitrators, named in accordance with such rules, and the arbitrators shall decide the dispute in accordance with the substantive law of the State of Arizona, and the award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based.
I HAVE READ THESE TICKET HOLDER TERMS AND CONDITIONS, AS WELL AS ITS WAIVER AND RELEASE, AND UNDERSTAND ITS CONTENTS. I ALSO UNDERSTAND THAT VOLUNTARILY PARTICIPATING IN THIS ACTIVITY. I UNDERSTAND THAT MY IP ADDRESS IS BEING RECORDED WITH EVERY CHECKOUT PROCESS AND BY SELECTING THE CONFIRMATION BOX NEXT TO THE TERMS AND CONDITIONS DURING THE CHECKOUT PROCESS, AND THAT BY SUBMITTING PAYMENT FOR ANY EVENT SERVICES/PRODUCTS, I EXPLICITLY AGREE TO THESE TICKET HOLDER TERMS AND CONDITIONS.
This Exhibitor Agreement (the “Agreement”) is entered into by and between the Exhibitor, hereinafter referred to as “Exhibitor,” and Rock the Fork Arizona, Inc., an Arizona corporation, hereinafter referred to as “Producer.”
Exhibitor shall be bound to the terms and conditions under this Agreement as it relates to “Surprise Festival Days,” which is tentatively scheduled to take place on Thursday, March 31st through Sunday, April 3rd, 2022, 2022 in Downtown Surprise, on Civic Center Dr, which is in Surprise, Arizona, hereinafter referred to as the “Event.”
A. Exhibitor acknowledges and agrees to abide by all rules and regulations established by Producer, as outlined in this Agreement and in the Information Packet, which is made part of this Agreement by this reference.
B. All matters not covered in these rules and regulations are subject to the decision of Producer. Exhibitor agrees that Producer shall have the final decision concerning any disputes between Exhibitors and the adoption of any rule or regulation deemed necessary prior to, during, and after the Event.
C. Exhibitor agrees to abide by all rules, requirements and regulations of the official contractors serving the Producer, City of Surprise, Maricopa County, and State of Arizona, and all rules, requirements and regulations of the Producer, City of Surprise, Maricopa County and the State of Arizona. It is Exhibitor’s duty to be familiar with the rules, requirements and regulations contained herein and in the Information Packet that is available on-line and in print.
D. In the event an Exhibitor defaults in the performance of any of the terms and contained in this Agreement, and Producer employs attorneys to enforce any part of the Agreement, Exhibitor shall reimburse Producer for attorney’s fees incurred whether or not a suit is actually filed.
E. Exhibitor agrees to obtain, at its own expense, any licenses and/or permit(s) and/or authorization from governmental bodies, which may be required for the operations of the Exhibitor’s trade or business and to pay all taxes levied against Exhibitor as a result of its operations and business during the Event.
F. Producer reserves the right, in its sole discretion, to:
(i) determine the eligibility of Exhibitors and exhibits for the Event;
(ii) reject or prohibit exhibits or Exhibitors, which Producer considers objectionable;
(iii) relocate Exhibitors or exhibits when, in Producer’s opinion, such moves are necessary to maintain the character and/or good order of the Event; and
(iv) should any rented space remain unoccupied on the opening day, or at any time thereafter, Producer may rent said space to another Exhibitor, but this shall not negate the obligation of the “no show.” Exhibitor shall pay the full amount of the rental Agreement, whether or not said space is resold.
G. Exhibitor represents and warrants that it is properly licensed by the appropriate authorities to sell and operate the products and services it is offering the public at the Event.
H. CANCELLATION OR POSTPONEMENT OF EVENT: Should the premises where the Event is being held become unavailable for occupancy for “cause or causes” not within the control of Producer, such as the current COVID-19 pandemic, and the Event must be cancelled or postponed, Producer and Sponsors shall not be held responsible for any claims which might arise in consequence thereof. There will be absolutely NO REFUNDS allowed for any such cancellations or postponements that are out of the control of the Producer.
Exhibitor explicitly agrees to and fully understands that the current COVID-19 pandemic can affect the schedule of the Event at any time, and if such affect should occur, Exhibitor space rental fees, deposits, and other monies paid toward Event, shall only be allowed to be used as a CREDIT VOUCHER toward a future Event, of which Producer is also producing. NO EXCEPTIONS.
Exhibitor MUST explicitly agree to this Section 1. Paragraph H. before being approved as an exhibitor for the Event.
2. DISPLAY: Material used for the booth construction will be at the expense of the Exhibitor and removed no later than 11:59 p.m. on the last day of the Event. Any decorations consisting of natural materials such as straw, corn stalks, dried flowers, pine, etc., must be sprayed with fire retardant and tagged with date of spraying and product used. No Free Food or drink is to be given away in this rented space without prior written approval from Producer. Public address systems will not be permitted in booths. Booths must be open during all hours of the Event. No raffles involving the exchange of money are permitted on the fair grounds at any time. However, free drawings are allowed. No vendor set-ups, or part of a vendor set-up, may be removed until the closing hour of the last day of the Event.
3. AISLES: The aisles and passageways remain under the control of Producer, and no signs, decorations, banners, advertising materials or exhibits will be permitted in those areas except by prior written permission of Producer. All exhibits and personnel must remain within the confines of their own spaces. No Exhibitor shall erect signs or display products, which may cause injury or obstruct the view of another Exhibitor.
A. Exhibitor acknowledges and assumes full responsibility for damage or loss to its products and equipment or any personal injury to its employees, agents and guests during or as a result of Exhibitor’s participation in the Event. Exhibitor agrees to abide by all directions for placement while on the Event grounds and assume the risk for the safekeeping of equipment and products.
B. Exhibitor agrees to purchase and maintain insurance with general liability limits of at least $1,000,000 which shall cover all dates of the Event, including set-up and takedown times, and to provide a copy of Exhibitor’s coverage to Producer prior to moving on to the Event grounds.
C. Exhibitor further agrees to indemnify and hold harmless: Producer, City of Surprise, and Maricopa County, their agents, officers, Producers, members, employees and agents for any claim of liability or suit that may arise due to the negligence of Exhibitor, any dispute between Exhibitor and any other exhibitor, contractor or attendee of the Event. Exhibitor shall include the following wording in the Certificate of Insurance: “Rock the Fork Arizona, Inc, Community Festival Foundation, City of Surprise, and Maricopa County, their agents, officers, members, employees and agents as additional insureds on Exhibitor’s insurance policy.”
D. Producer will carry liability insurance; however, said insurance will not under any circumstances cover losses of any kind incurred by the Exhibitor. Said insurance will not cover the Exhibitor should a claim of liability arise between Exhibitor and any attendee.
5. LIABILTY, RELEASES & WAIVERS
A. LIABILITY: Exhibitor is solely responsible for the space leased by Exhibitor and shall not injure, mar, or deface the premises. Exhibitor shall not cause or allow any nails, hooks, stakes or screws to be driven into any part of the park without express written permission from Producer. Furthermore, Exhibitor shall not affix to any existing part of the Event any advertisement, signs, etc., or use Scotch tape, masking tape, or any other adhesive materials on painted surfaces. Exhibitor agrees to reimburse Producer for any loss or damage to the premises or equipment occurring in the space leased to Exhibitor. Producer or its sponsors shall not be liable for failure to perform its obligations under this Agreement as a result of strikes, riots, Acts of God, or any other causes beyond its control.
B. RELEASE: On behalf of Exhibitor, its business, its business partners, its employees, owners, representatives, spouses or domestic partners of employees, owners representatives, the children, and respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s) hired staff members, and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”) of employees, owners, representatives of Exhibitor, (i) Exhibitor WAIVES, RELEASES, AND DISCHARGES THE FOLLOWING PERSONS OR ENTITIES: Producer, City of Surprise, and Maricopa County, their insurance carriers, sponsors, exhibitors, Event vendors, Event promoters, subcontractors, product suppliers, participating charities, Event and Event directors, employees, instructors, volunteers, event location owners and landlords, all states, cities, counties, or localities in which events or segments of events are held, and the stakeholders, parent companies, subsidiaries, officers, directors, employees, representatives, volunteers, and agents of any of the above (the “Released Parties”) FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, CONTRACTING OR EXPOSING EXHIBITOR OR OTHERS TO COVID-19 CORONAVIRUS, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES TO EXHIBITOR OR ITS BUSINESS DUE TO EVENT ATTENDANCE, CLOSURE, OR ANY OTHER REASON WHATSOEVER, OR ANY LOST AND/OR STOLEN ITEMS, WHICH ARISE OUT OF, OR RELATE TO EXHIBITOR’s PARTICIPATION IN, OR ITS TRAVELING TO AND FROM THE EVENT, in any manner whatsoever, even if such claims, losses, or liabilities are caused by the ordinary negligence or acts or omissions of the Released Parties; and (b) ALSO AGREES that the Released Parties shall not be responsible or liable in any way for: (ii) any safety, participation or accounting procedures (“Procedures”) of any event, or any changes thereof (iii) any other harm caused by an occurrence related to any event, from and against any claim or cause of action arising out of the receipt or use of any Procedures associated with the Event, (iv) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable prizes, payments, or other materials
(v) or communications via telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (vi) any condition caused by events beyond the control of the Released Parties that may cause any event, and its event Procedures therefrom, or any results of the Procedures to be disrupted or corrupted; (vii) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with any of the Procedures; (viii) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the event Procedures; (ix) acceptance, possession, remittal or use of any prizes or payments; (x) any alleged violation by Exhibitor of any law, regulation, or right held by a third party; (xi) any event where time and location changes, based on city permit processing and/or scheduling conflicts with location property Producers; (xii) any event where production time has exceeded, which leads to Procedures being adjusted to accommodate for time constraints in Exhibitor’s city; and (xiii) any challenge or event were the weather is too dangerous for completing any event, and needs to be stopped before Exhibitor can complete any event.
C. INDEMNIFICATION: Exhibitor shall on a current basis, indemnify, defend (with legal counsel satisfactory to Producer in its sole discretion) and hold Producer, the City of Surprise, and Maricopa County harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees and expenses, which result from or arise out of or in connection with (i) Exhibitor’s participation or presence at the Event; (ii) any breach by Exhibitor of any agreements, covenants, promises or other obligations under this contract; (iii) any matter for which Exhibitor is otherwise responsible under the terms of this contract; (iv) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (v) any libel, slander, defamation or similar claims resulting from the actions of Exhibitor; (vi) harm or injury (including death) to Exhibitor; and (vii) loss or damage to property or the business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise. Exhibitor shall not settle or compromise any claims against Producer without Producer’s prior written consent.
D. COVENANT NOT TO SUE / COVID-19: (i) EXHIBITOR AGREES NOT TO SUE ANY OF THE RELEASED PARTIES IN SECTION (5) OF THIS AGREEMENT FOR ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, CONTRACTING OR EXPOSING EXHIBITOR OR OTHERS TO COVID-19 CORONAVIRUS, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES DUE TO EVENT ATTENDANCE, CLOSURE, OR ANY OTHER REASON WHATSOEVER, OR LOST AND/OR STOLEN ITEMS, AND ALL POTENTIAL LIABILITIES LISTED IN SECTION (5) OF THIS AGREEMENT, THAT ARISE OUT OF OR RELATE TO EXHIBITOR’S PARTICIPATION IN THE EVENT; and (ii) To the fullest extent permitted by law, EXHIBITOR AGREES TO DEFEND, PAY ON BEHALF OF, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES IN SECTION (5) OF THIS AGREEMENT for any and all claims or demands, suits, loss, or liabilities assessed against them by me, my parent or guardian, co-participants, rescuers, and others, as a result of ALL POTENTIAL LIABILITIES LISTED IN SECTION (5) OF THIS AGREEMENT, THAT ARISE OUT OF OR RELATE TO EXHIBITOR’S PARTICIPATION IN ANY EVENT WHATSOEVER.
E. PHOTO RELEASE: Exhibitor GRANTS PERMISSION for the use of its name and/or likeness relating to its participation in any event, and Exhibitor waives all right to any future compensation to which it may otherwise be entitled as a result of the use of its likeness. ALSO AGREE that the Released Parties shall not be responsible or liable in any way FROM THE USE OR REUSE OF ITS APPEARANCE, PERFORMANCE, NAME, VOICE, LIKENESS, OR BIOGRAPHICAL INFORMATION (including, without limitation, any claim that such use invades any right of privacy and/or publicity)
F. COVENANT NOT TO DISPUTE CHARGES: (i) EXHIBITOR AGREES THAT ALL CREDIT CARD AND/OR DEBIT CARD PAYMENTS MADE TO PRODUCER, SHALL BE FINAL AND CANNOT BE DISPUTED WITH EXHIBITOR’S BANK, FOR ANY REASON WHATSOEVER, OUTSIDE OF THE REMEDIES SPECIFICALLY DESCRIBED IN SECTION 1. SUBSECTIONS H AND I. AS WELL AS, SECTION 10. SUBSECTIONS A, B AND C. (ii) EXHIBITOR ALSO EXPLICTLY WAIVES ANY RIGHTS OUTSIDE OF THE REMEDIES SPECIFICALLY DESCRIBED IN SECTION 10. SUBSECTIONS H AND I. AS WELL AS, SECTION 10. SUBSECTIONS A, B AND C.
6. SPACE: The contracted space is to be used solely by the Exhibitor whose name appears on the contract and no portion can be sublet or assigned.
7. GUARANTEE: Producer does not guarantee in any way the attendance figures for the Event. Producer does not guarantee the success of Exhibitor. Producer does not guarantee the Event schedule. Producer does not guarantee another postponement due to a pandemic.
7. GUARANTEE: Producer does not guarantee in any way the attendance figures for the Event. Producer does not guarantee the success of Exhibitor. Producer does not guarantee the Event schedule. Producer does not guarantee another postponement due to a pandemic.
8. EXHIBITOR’S PROPERTY:
A. Although security service will be furnished for the Event, all of Exhibitor’s property at the Event shall be stored at the sole risk of Exhibitor. Neither Producer, nor the City of Surprise, nor Maricopa County, assume any responsibility for damage to, loss, or theft of property belonging to Exhibitor, its agent, employees, business invitees, visitors or guests.
B. Exhibitor agrees to remove its exhibit from Event site by the final move-out time. In the event of a failure to do so, Exhibitor agrees to forfeit its security deposit paid to Producer. A breach of any term or condition in this Agreement, which results in damages to Producer, or a failure by Exhibitor to remove any exhibit equipment at the time determined by Producer, shall cause the Exhibitor to become immediately liable on any unpaid sums owing hereunder.
9. ALCOHOLIC BEVERAGES: Exhibitor and its employees, agents, and guests shall not sell or consume any alcoholic beverages. Producer in its discretion may remove any Exhibitor from the Event without refund for violation of this restriction.
10. INSTALLATIONS: Any special carpentry, wiring, electrical or other work, water, or drainage connections shall be installed at Exhibitor’s expense, and within Producer’s rules and requirements.
11. CANCELLATION BY EXHIBITOR: If this Agreement is cancelled by Exhibitor for any reason, or by Producer because of an Exhibitor’s default or violation of this Agreement, monies paid to Producer shall be retained as follows:
A. If Exhibitor cancels for any reason, any and all deposits paid by Exhibitor shall be automatically forfeited.
B. If Exhibitor cancels forty-five (45) days or more before the first day of the Event, Producer shall retain 50% of Exhibitor space rental fee and shall return the balance paid to Exhibitor.
C. If Exhibitor cancels within forty-four (44) days or less prior to the first day of the Event, Exhibitor is liable for the entire rental cost of the booth space, which includes money paid and any outstanding balance. Producer shall retain these monies as liquidated damages for the direct and indirect costs incurred by Producer for organizing, setting up and providing space for Exhibitor, and losses and additional expenses caused by Exhibitor’s withdrawal including re-let of the space.
12. NO EARLY TAKEDOWN: Exhibitor agrees not to begin dismantling the booth or display materials before the closing time of 10:00 p.m. on the last day of the Event.
13. CHECK POLICY: Checks are not being accepted for Exhibitor Fees. Only debit/credit cards will be accepted for payment option. Checks are only being accepted for Gross Sales Split Settlements with Food and Beverage Exhibitors. Any returned checks are subject to a $50 return fee. Please ensure funds are deposited immediately following the Event to cover the Sales Split.
14. MUSIC: Exhibitor agrees that it shall not perform nor have performed for it or on its behalf, either live or by mechanical means of playing by radio, television, VCR, DVD, phonograph, CD (compact disc), taped cassette or recording of any other means, nor transmit by any means, any copyrighted musical composition during the show or at any official function which is part of, affiliated with, or held in conjunction with the Event. This is the rule unless the Exhibitor shall first have attained from the owner of the copyrights of all music to be performed, or from an agent of the owner legally authorized to grant permission, license or other proper authorization for the public performance of the copyrighted music, and shall have first attained authorization and permission for Exhibitor to publicly perform the copyrighted music at the show.
Exhibitor will provide Producer with a copy of each such document, authorizing Exhibitor the rights to publicly perform copyrighted music at the Event, and this copy must be provided to Producer no later than ten (10) business days prior to the first day of the Event. If Exhibitor has not provided copies of such documents to producing Producer as provided and described herein, Exhibitor agrees that it shall not perform or have performed on its behalf, or by any means of presentation, any copyrighted music at the Event.
15. SUPPLIES: Producer will not provide office supplies/extension cords/etc., for customers or vendors.
16. NON-ALCOHOLIC BEVERAGES: If Applicable, no beverages other than Pepsi Co products purchased from Producer’s exclusive distribution partner will be allowed to be sold at the Event. The only exceptions include fresh-brewed coffee, tea or cocoa. Signs or displays featuring other products should not be utilized or competing logos should be covered or removed. (* This Section 17 is not currently applicable for this Event Days. No restrictions.)
17. TAXES & LICENSES: Exhibitor shall obtain any licenses, permits or approvals under federal, state or local law applicable to its activities at the Event at its sole expense. Exhibitor shall obtain any necessary tax identification numbers and permits and for paying all taxes, license fees, use fees, or other fees, charges, levies or penalties that become due to any governmental authority in connection with its activities at the Event(s).
18. GROSS SALES SPLIT: (Only applicable to Food and Beverage Exhibitors) If Exhibitor is classified at a Food and Beverage Exhibitor, then Exhibitor shall pay to Producer, a $100 deposit, (“Minimum Guarantee”), which shall be applied against 20% of Gross Food and Beverage Sales, net of taxes (whichever is greater).
Deposits must be paid at the time of submitting your application, for each Event Date being reserved in order to hold your Exhibitor space. Gross Sales Settlements are completed at the end of the day, for each date of the Event.
* Gross Sales Split is ONLY applicable to Food and Beverage Exhibitors.
18. COPYRIGHTED MATERIALS: Exhibitors shall not play or permit the playing or performance of, or distribution of any copyrighted material at the Event unless it has obtained all necessary rights and paid all required royalties, fees or other payments.
19. COMPLETE CONTRACT:
A. SUPERSEDING AGREEMENT: This Agreement, together with the Information Packet and FAQ page on the website provided by Producer, constitutes the complete Agreement between Producer and Exhibitor. This Agreement supersedes all previous or contemporaneous negotiations, arrangements, or understandings between Producer and Exhibitor with respect to the Event.
B. RIGHTS OF OFFSET & ENFORCEMENT: In the event Exhibitor is indebted to Producer, whether or not such indebtedness arises from this or any other agreement, Producer shall have the right in its discretion, to apply any refunds of Exhibitor fees properly due Exhibitor to such other indebtedness in the event legal action is filed by Producer to enforce the terms and provisions of the agreement, the prevailing party in such action shall be entitled to reimbursement of court costs and reasonable legal fees.
C. GOVERNING LAW: This contract is governed by the laws of the State of Arizona as applied to contracts entered into and entirely performed within such state. Exhibitor agrees that the courts located in the State of Arizona shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this contract or the breach of any provision of this contract. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in Surprise, Arizona.
D. SEVERABILITY: If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement (including, without limitation, Section (5) of this Agreement [the Assumption of Risk provision] and [the Release] and [the Covenant Not to Sue] remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties.
E. COUNTERPARTS: This Agreement may be executed in several counterparts and all so executed shall constitute one Agreement, binding on all the parties hereto even though all the parties are not signatories to the original or the same counterpart.
F. BINDING: This Agreement shall be effective and binding once the Exhibitor selects the Terms and Conditions confirmation box upon submitting an online Application. IP Addresses are recorded for every submission.
I HAVE READ THESE EXHIBITOR TERMS AND CONDITIONS, AS WELL AS ITS WAIVER AND RELEASE, AND UNDERSTAND ITS CONTENTS. I ALSO UNDERSTAND THAT VOLUNTARILY PARTICIPATING IN THIS ACTIVITY.
I UNDERSTAND THAT I ALREADY SUBMITTED A DIGITAL VERSION OF THIS AGREEMENT WITH MY IP ADDRESS RECORDED, AND THAT BY DIGITALLY SIGNING THIS AGREEMENT, MY E-SIGNATURE SHALL BE DEEMED OF THE SAME LEGAL EFFECT, VALIDITY OR ENFORCEABILITY AS A MANUALLY EXECUTED SIGNATURE OR THE USE OF A PAPER-BASED RECORD KEEPING SYSTEM, AS INCLUDING THE FEDERAL ELECTRONIC SIGNATURES ACT IN GLOBAL AND NATIONAL COMMERCE ACT, OR ANY OTHER SIMILAR STATE LAWS BASED ON THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
I UNDERSTAND I MUST SEND AN ORIGINAL SIGNATURE PRINTED AGREEMENT TO PRODUCER WITHIN 30 DAYS OF DIGITAL SUBMISSION IN ORDER TO COMPLETE MY RESERVATION, OR I WILL LOSE ANY DEPOSITS PAID.
I UNDERSTAND THAT BY SUBMITTING A DIGITAL VERSION OF THIS APPLICATION, AND BY MAILING THIS SIGNED PRINTED AGREEMENT, I AM DOUBLE CONFIRMING THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS EXHIBITOR AGREEMENT AND EXPLICITLY AGREE TO THEM.
WEBSITE TERMS & CONDITIONS
You may browse the Site without registering for an account. You may be required to register for an account to use certain features of the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not: Restrict or inhibit any other person from using the Site; Use the Site for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Engage in spamming or flooding; Harvest or collect information about Site users; Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.
Ownership of Content and Grant of Conditional License
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site (collectively, the “Content”) are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not: Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit; Link to any portion of the Site other than the URL assigned to the home page of the Site; “Frame” or “mirror” any part of the Site; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content; Remove any copyright, trademark or other proprietary rights notices contained on the Site; Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; Use any automated software or computer system to search for, reserve, buy or otherwise obtain discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active; Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; Access, reload or refresh transactional pages, or make any other request to transactional servers, more than once during any three-second interval; Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals; Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals; Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content; Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by using our website form. You can also write us at: Festival Days Attn: Notices, RSVP 15411 W Waddell Rd, Ste 102 Surprise, AZ 85379
Forums and User Content
We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site (“User Content”). By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content. You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian. We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests. If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Claims of Copyright Infringement on the Site
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to: Festival Days Attn: Notices 15411 W Waddell Rd Ste 102 Surprise, AZ 85379 There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.
We cannot prohibit minors from visiting our Site, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.
Access from Outside the United States
The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
Rules for Sweepstakes, Contests and Games
In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.
Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any order and products acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel an order associated with any person we believe to be acting with you, or exercise any other remedy available to us. You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.
Disclaimer of Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Limitation of Liability
IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, 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, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE 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 WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions: You may assert claims in small claims court if your claims apply; If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes. The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect. This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Festival Days Attn: Notices 15411 W Waddell Rd, Ste 102 Surprise, AZ 85379 You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. Questions If you have any questions, comments or complaints regarding these Terms or the Site you can contact us using our website form. Please do not include your credit card number or other sensitive information in your email. You can also write us at: Festival Days Attn: Notices 15411 W Waddell Rd Ste 102 Surprise, AZ 85379
This Policy describes how we treat personal information we collect both online and offline. This includes interactions you have with us on our websites, in our apps, over the phone, via email, and social media.
We collect information from and about you.
For example, we might collect your name and street address. We might also collect your phone number or email.
Payment and billing information.
For example, we collect your credit card number and zip code when you buy a ticket.
Information you post.
For example, we collect information you post in a public space on our website. We also collect information you post on a third-party social media site.
We may collect information like your age range, race, or gender. We may collect information about events you like or products you buy. We might collect this as part of a survey or from third parties, for example.
If you use our website, we may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. We may collect information about your location, including your precise location. We may collect this using technology such as GPS and Wi-Fi. If you use our mobile app, we may also access your device’s location in the background. We may collect your device’s unique identifier. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running. We might look at how often you use the app and where you downloaded it.
We collect information in different ways.
We collect information directly from you.
For example, if you register for a promotion or buy tickets. We also collect information if you post a comment on our websites or ask us a question.
We collect information from you passively.
We use tracking tools like browser cookies and web beacons. We also collect information from our mobile apps.
We get information about you from third parties.
For example, if you use an integrated social media feature on our websites or mobile applications. The third-party social media site will give us certain information about you. This could include your name and email address. Your activities on our sites and apps may be posted to the social media platforms.
We use information as disclosed and described here.
We use information to respond to your requests or questions.
For example, we might use your information to confirm your registration for an event or contest. You may give us your friend’s information, for example, via our referral service to tell a friend about our website or to purchase a gift card. We will only use your friend’s information to provide services you requested. Your friend may contact us using our website form to ask us to delete their information.
We use information to improve our products and services.
We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
We use information to look at site trends and customer interests.
We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.
We use information for security purposes.
We may use information to protect our company, our customers, or our websites.
We use information for marketing purposes.
For example, we might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy tickets from us we’ll enroll you in our newsletter. To learn about your choices for these communications, read the choices section below.
We may also use push notifications on our mobile apps.
We may use push notifications and your location information on our mobile apps to send you alerts regarding local events.
We use information to send you transactional communications.
For example, we might send you emails about your account or a ticket purchase. We might also contact you about this policy or our website terms.
We use information as otherwise permitted by law or as we may notify you.
We keep personal information as long as it is necessary or relevant for our business. We also keep information to resolve disputes, enforce our agreements and as otherwise required by law.
We may share information with third parties.
We will share information within the Rock the Fork family of companies.
We will share information with third parties who perform services on our behalf.
For example, we share information with vendors who help us manage our online registration process or who fulfill your purchases. Some vendors may be located outside of the United States.
We will share information with our business partners.
This includes a third party who provides or sponsors an event, or who operates a venue where we hold events. Our partners use the information we give them as described in their privacy policies, which may include sending you marketing communications. You should read those polices to learn how they treat your information.
We may share information if we think we have to in order to comply with the law or to protect ourselves.
For example, we will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud. This might include fraud we think has happened during a sweepstakes or promotion.
We may share information with any successor to all or part of our business.
For example, if part of our business is sold we may give our customer list as part of that transaction.
We may share your information for reasons not described in this policy.
We will tell you before we do this.
You have certain choices about how we use your information.
You can opt out of receiving our marketing emails.
To stop receiving our promotional emails, follow the instructions in any promotional message you get from us. Your device settings should provide you with instructions on how to turn off push notifications. It may take about ten days to process your request. Don’t worry! Even if you opt out of getting marketing messages, we will still be sure to send you transactional messages. For example, we may still contact you about your orders.
You can modify information you have given us.
To correct or delete information or update account settings, log into your account and follow the instructions. We make changes as soon as we can. This information may stay in our backup files. If we cannot make the changes you want, we will let you know and explain why. If you contact us requesting access to your information, we will respond within 30 days.
You can control cookies and tracking tools.
You can control tools on your mobile devices.
For example, you can turn off the GPS locator or push notifications on your phone. Each push notification has an “unsubscribe” link.
Your California Privacy Rights.
If you live in California and have an established business relationship with us, you can request a list of the personal information we have shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you can email us or write to us at the address below. Mention in your letter that you are making a “California Shine the Light” inquiry. We will respond within 30 days.
These sites and apps are not intended for children.
Our sites and apps are meant for adults. We do not knowingly collect personally identifiable information from children under 13. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us via our website form. You can also write to us at the address listed at the end of this policy. Please mark your inquiries “COPPA Information Request.”
Parents, you can also learn more about how to protect children’s privacy online here.
We use standard security measures.
We have security measures in place to protect your information. The standard security measures we use will depend on the type of information collected. However, the Internet is not 100% secure. We cannot promise that your use of our sites will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords. If you think that an unauthorized account has been created using your name, contact us at the address below.
We store information both in and outside of the United States.
If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection of those in your country.
We may link to third-party sites or services we don’t control.
Feel free to contact us if you have more questions.
If you have any questions about this Policy or other privacy concerns, you can contact us using our website form. Please do not include your credit card number or other sensitive information in your email. You can also write us at:
Festival Days Attn: Notices, RSVP 15411 W Waddell Rd, Ste 102 Surprise, AZ 85379
What we will do if there is an update to this policy.
From time to time we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.
Festival Days is committed to facilitating the accessibility and usability of its websites (each, a “Website”) for persons with sensory disabilities. To accomplish this we will be implementing over time the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA as its web accessibility standard, which will allow the Website to be more accessible to persons with sensory disabilities. Until such time as our electronic media upgrades are complete, if you have difficulty accessing our website, apps, or intranet to attain information, purchase tickets, or for any other purpose, please contact us on the contact form so we can assist you.