Festival of the Arts Boca Ticket Policies

ALL SALES ARE FINAL

ALL SALES ARE FINAL. THIS TICKET WILL NOT BE REPLACED, REFUNDED OR EXCHANGED FOR ANY REASON WHATSOEVER.  Pursuant to s. 817.36, Florida Statutes, this ticket may not be resold for more than $1 over the original admission price, nor may any resale occur on any property where an event is being held without the prior written consent of the Festival Organizers.

 

ASSUMPTION OF ALL RISKS

  1. Loss or Damage to Personal Property; Personal Injury. Holder hereby assumes any and all risks, whether or not expressly set forth in this Agreement, as well as any risks or dangers incidental to, or in any way relating to, the Festival, the purchase of Tickets hereunder or use of the Festival site, including those arising from, or relating to, the acts or omissions of third parties (including Festival attendees, Venue owners, operators, staff, employees or agents; or Festival Organizers, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Holder’s personal property and risks of personal injury. Festival Organizers and their respective indemnitees (as defined below), designees, successors or assigns shall not be held responsible, legally, financially or otherwise, (i) for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Festival or at Festival’s access/entry points, or (ii) for personal injuries sustained by Holder in the Festival, whether such injuries or manifestation of such injuries occur during or subsequent to the Festival. You further acknowledge and agree that Festival Organizer shall have no duty to mitigate any of Your potential or actual losses sustained hereunder.

  2. Public Health. WHILE ATTENDING THE FESTIVAL, YOU WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. Each Holder voluntarily assumes all risks, hazards and dangers incidental to the event for which the ticket is issued (“Event”), whether occurring prior to, during, or after the Event, including but not limited to those of communicable disease.

INDEMNIFICATION

Holder shall defend, covenant not to sue, indemnify, and hold harmless and forever release and discharge Festival Organizers (and Festival Organizers’ sponsors, Festival Organizers’ contractors, the third party Event operator and each of the foregoing’s respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, attorneys, authorized agents, predecessors, assigns, successors, licensees, insurers and designees (collectively “Indemnitees”) from any and all third party claims, damages, judgments, losses, relating to, arising from or in connection with, Holder’s Purchaser’s or Bearer’s negligent or wrongful acts. 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.

INCLEMENT WEATHER/EVENT CHANGES/FORCE MAJEURE

Festival Organizers shall have no responsibility, financial or otherwise, for Event and/or Festival cancellation, delay or interruption due to inclement weather, if the Festival or any of its Event(s) is postponed or canceled by the Festival Organizers due to public health and/or safety concerns, or other acts beyond its control, including but not limited to Force Majeure events as defined herein, and will not refund Holder in such situations unless decided otherwise by the Festival Organizers in their sole and absolute discretion as provided herein.  Upon the occurrence of the Event and/or Festival cancellation due to reasons outlined herein, including but not limited to, events outside the Festival’s reasonable control, acts of God, public health emergencies (including,  but not limited to, as a result of epidemics and pandemics); riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), any federal, state or local government law, order, or regulation, order of any court or jurisdiction,  Festival Organizers shall, at their sole and absolute discretion (a) have the right, but not the obligation, to issue a refund to Holders, OR shall at its sole and absolute discretion, (b) elect to postpone the Event and/or the Festival OR (c) cancel the Event and/or the Festival without further legal or financial obligation or liability to Holder, including the obligation to issue a refund or to reschedule the Event and/or the Festival. Purchasing Tickets pursuant to these terms and conditions subjects Holder to a high degree of risk relative to possible the Event and/or Festival’s cancellations. If the Festival Organizers elect to issue a refund, an amount equivalent to the face value of Ticket(s) only shall be refunded to the payment method by which the purchase was originally made. Under no circumstances shall Holder be entitled to a refund of any shipping, handling or other processing fees.

RIGHT TO USE YOUR NAME, VOICE, IMAGE AND LIKENESS

By using this ticket, Holder hereby grants Festival Organizers and their affiliates and licensees the irrevocable, transferable, perpetual right and license to record (by photograph, film, tape, aural devices and any other method or device) the Holder’s name, voice, image and likeness while at the Festival (the “Recordings”) and publish, print, display, or use such Recordings for any and all purposes, in any and all media now known or hereafter devised.  No cameras or recording devices are permitted at the Event, except as approved in advance by the Festival Organizers.

DRINKING POLICY

As responsible members of the community, Festival Organizers recognize the concern about drinking and driving, and its policy is to encourage responsible consumption of products at the Festival.  Attendees who consume alcoholic beverages must do so in a responsible manner.  If Holder believes that his/her driving ability may be impaired or that Holder cannot safely operate a motor vehicle, please speak with a Festival representative who will assist in securing transportation (at Holder’s cost) to Holder’s destination point.  Due to the sheer number of Event attendees, neither the Festival Organizers nor the representatives of any Event venue can ensure that all attendees who intend to drive are capable of driving.  Accordingly, Holder agrees to release, indemnify and hold harmless Organizer Representatives and the Event venue, as appropriate, from any liability related thereto.

WEAPONS-FREE POLICY

Possession of any dangerous article, including but not limited to, firearms, destructive devices, explosives,  slingshots,  weapons,  tear  gas  guns,  electric  weapons  or  devices  and  fireworks, are expressly prohibited at the Festival in accordance with Florida Statutes Section 790.115, except as provided by Florida law. Holder agrees that this policy is in force, and agrees to comply with the policy, regardless of whether signs prohibiting weapons are posted on the premises of any official Festival Event.

NO PETS ALLOWED. ONLY SERVICE ANIMALS PERMITTED

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. For more information, please refer to the U.S. Department of Justice https://www.ada.gov/resources/service-animals-2010-requirements/ .

 

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