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Wristband Terms and Conditions
EFFECTIVE 12.12.18
These wristband terms of use apply to the Firefly Music Festival (the “Event”).
All Event wristbands and vehicle passes (collectively, “Wristbands”) are subject to the following terms of use (hereinafter the “Terms”). By accepting possession or by using any Wristbands, User is legally bound to comply with these Terms, and the original authorized purchaser and any Authorized Recipient agrees to inform all of their respective guests of these Terms with due diligence. The Event producer reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check back periodically for changes.
Wristbands evidence a revocable license to enter the Event property. Violation of these terms of use may result in revocation of the license without prior notice.
UNAUTHORIZED TRANSFERS PROHIBITED
All publicly sold Wristbands are for use by the original authorized purchaser and their invited guest(s) only (each an “Authorized Purchaser”), and are not transferable by the Authorized Purchaser, any of their invited guests, or any other person. Likewise, all Wristbands provided to performing artists, production personnel, vendors, sponsors, and other guests of the Event producer (each an “Authorized Recipient”), are for use by the Authorized Recipient and his or her invited guest(s) only, and are not transferable by the Authorized Recipient, his or her invited guest(s), or any other person. Authorized Purchasers and Authorized Recipients are referred to individually as a “User.” Wristbands obtained from unauthorized sources may be counterfeit and are worthless.
Except as provided herein, Wristbands may not be sold, transferred, or used for any form of commercial or trade purposes, including but not limited to promotions, contests, commercial or advertising purposes, housing, hotels, vacation rentals, sweepstakes, charitable giveaways, or other activities absent the Event producer’s prior written consent. No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional activity may be conducted at the Event (inclusive of parking lots), absent the Event producer’s prior written approval in each instance. Any wristbands used in violation of this provision shall be deemed revoked and void, and their bearers deemed trespassers at the Event.
Resale or attempted resale of Wristbands is grounds for termination of the license and cancellation of the Wristband.
AUTHORIZATION OF USER’S IMAGE AND LIKENESS
User grants the Event producer (and its designees) the right to include User’s image, likeness, actions, and statements in any live or recorded audio, video, film, webcast, stream, or other transmission, exhibition, simulcast, or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or otherwise.
OWNERSHIP AND USE OF EVENT’S INTELLECTUAL PROPERTY
The Event producer owns the trademarks, imagery, name, likeness, and trade dress of the Event (collectively, the “Event Intellectual Property”) and generally does not permit the use of the Event Intellectual Property by third parties. User agrees not to make use of the Event Intellectual Property except for nominative fair use or with prior written permission from the Event producer.
NO LIVE AUDIO OR VIDEO STREAMING OR BROADCASTS
The Event producer retains all webcast/Internet rights to the Event. Any live streams or broadcasts, whether for Internet or otherwise, from the Event must be specifically agreed to in advance with the Event producer. No one may transmit, broadcast, or communicate any live audio or audiovisual images from the Event site without the Event producer’s prior written permission. Even if you are a performer or sponsor, the broadcasting, displaying, or communicating any live audio or audiovisual images (whether for personal, commercial, or other use) is expressly prohibited, without the prior written permission of the Event producer.
AUDIO AND/OR VIDEO RECORDINGS AND RELATED EQUIPMENT
Without the express prior written permission of the Event producer, User may not bring any audio or video recording devices (except for personal cell phones) into the Event.
PHOTOGRAPHY AND VIDEO / EQUIPMENT
User may bring personal, non-commercial, photography devices into the Event and may use these devices to obtain short-form video and still photographs (collectively “Personal Content”). By way of example, personal, non-commercial, photography and video devices include, but are not limited to, cell phones, small digital or film cameras (without a detachable lens).
Without the express prior written permission of the Event producer, User may not bring any of the following devices into the Event: Any photography device which is designed for, or suitable for, any commercial purpose, selfie sticks, tripods, monopods, boom arms, any device which could be used to mount or hold a photography device or could be used to extend User’s reach. Event producer reserves the right, in its sole discretion, to prohibit any device it believes may be used in violation of these Terms, which it believes poses a safety risk, or which it believes may lessen the enjoyment of the Event by others.
USER MAY NOT MAKE ANY COMMERCIAL USE OF ANY PERSONAL CONTENT WITHOUT THE PRIOR WRITTEN PERMISSION OF THE EVENT PRODUCER. By way of example, commercial use may include, but is not limited to, posting Personal Content on a website that sells a product, or displays any ads or sponsored links; using or causing Personal Content to appear in any publication, magazine, serial, or book; using Personal Content to sell, sponsor, or endorse a product; or using Personal Content on any website that is or appears to be affiliated or associated with, or sponsored by the Event or the Event producer. Event producer reserves the right to prohibit any use of Personal Content which it believes is in violation of the Terms. Event producer in its sole discretion may determine what constitutes a commercial use not permitted by the Terms.
User may use Personal Content for User’s own direct, noncommercial, use. Examples of direct, noncommercial use include, but are not limited to, posting Personal Content on User’s own personal social media account (e.g., Facebook, Instagram, or Twitter); posting Personal Content to personal website or personal content sharing site (e.g., Flikr or Photobucket) (unless the account, personal website or personal content sharing site is affiliated or associated with a commercial use); and sharing Personal Content with User’s personal friends or family (whether in electronic or physical media). Direct, noncommercial, use never involves posting of Personal Content on any website or server, or in any other media whether electronic or physical, which sells any product or service, or features or contains any advertisements or sponsored links, or which purports or appears in any way, to be an official or affiliated website of the Event or the Event producer. Without the express prior written permission of the Event producer, User may not sell, transfer, license, sublicense, give or otherwise transfer any Personal Content or ownership therein.
Without the express prior written permission of the Event producer, Personal Content that contains any nudity or partial nudity or footage of Event Artist performances may not be used for any purpose.
ASSIGNMENT OF COPYRIGHTS
Unless otherwise expressly agreed to in writing by the Event producer, User assigns to Event producer the exclusive ownership to User’s Personal Content and to any audio recordings taken at the event by User. Event producer may execute any assignment documents on User’s behalf as necessary to perfect Event producer’s ownership, and User appoints Event producer as User’s attorney-in-fact to execute any such documents for User. User further acknowledges, agrees to, and consents to Event producer registering the copyright with one or more copyright authorities, including but not limited to the United States Copyright Office, and listing the User’s contribution as anonymous.
Event producer, as the copyright owner, has the right, but not the obligation, and at its sole discretion, to enforce its copyright rights in any Personal Content or audio or video recordings taken at the event not permitted by the Terms.
Event producer assigns to User the non-exclusive right to use User’s Personal Content for User’s own direct, noncommercial, use as permitted in the Terms. All other rights not assigned by Event producer to User are retained by Event producer. Any violation of the Terms shall be grounds for Event producer to cancel the assignment to User.
ARTISTS AND SET TIMES SUBJECT TO CHANGE
Event Artists and set times are subject to change without notice.
MEDICAL CONSENT
User consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases the Event producer and all persons participating in such medical treatment from all responsibility for any such actions.
CONSENT TO SEARCH/REFUSAL/EJECTION
User and User’s belonging may be searched upon entry into the Event, and User consents to such searches and waives any related claims that might arise against the Event producer and its agent. If User elects not to consent to such searches, User may be denied entry into the Event.
ADDITIONAL PROHIBITED ITEMS
In addition to those items prohibited elsewhere in these Terms, without the express prior written permission of the Event producer, User may not bring any of the following items into the Event (or cause any of items to enter the event): glass bottles, aluminum bottles, knives, explosives, sling shots, weapons of any other kind, Frisbees, flags, skateboards, roller skates, hover boards, laser pointers, drones of any kind, remote controlled devices or remote controlled toys, large backpacks, and other items as designated by Event producer. Event producer reserves the right to refuse admission to or eject any person, at Event producer’s sole discretion, whose conduct is disorderly, disruptive, or who fails to follow the Event’s rules or directions, or whose language is vulgar or abusive.
OTHER RIGHTS / RESTRICTIONS
The Event producer reserves all rights not expressly granted to User. The terms and restrictions noted on the website of the Event producer’s designated ticketing company, and its Privacy Policy and Terms of Use, available on the Event website, are also included herein by reference.
RELEASE OF LIABILITY
USER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT, INCLUDING SPECIFICALLY (BUT NOT EXCLUSIVELY) THE DANGERS (1) THAT THE EVENT CROWD OR INDIVIDUAL ATTENDEES MAY BE INADEQUATELY MONITORED, MANAGED, OR CONTROLLED BY EVENT SECURITY, AND AS A RESULT MAY CAUSE PERSONAL HARM OR PROPERTY DAMAGE TO THE USER, AND (2) THAT THE USER MAY BE EXPOSED TO DRUGS, ALCOHOL, FIGHTING, OR OTHER REASONABLY FORESEEABLE DANGEROUS CONDITIONS OR ACTIVITIES PRIOR TO, DURING, OR SUBSEQUENT TO THE EVENT. USER EXPRESSLY RELEASES THE PREMISES OWNER, EVENT FACILITY, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, SPONSORS, PARTNERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE USER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT'S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS.
NO REFUNDS OR EXCHANGE / EVENT DATE AND TIME SUBJECT TO CHANGE
IF THE EVENT FOR WHICH THE WRISTBAND IS ISSUED IS RESCHEDULED OR CANCELLED, USER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, USER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THE WRISTBAND TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THE WRISTBAND FOR ANOTHER TICKET OR WRISTBAND, COMPARABLE IN PRICE AND SEATING LOCATION, TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT. Wristbands are not subject to any refund, bear no cash value, and are not redeemable for cash. Wristbands are not subject to exchange except as expressly provided above. If issued as a complimentary Wristband, this Wristband is not exchangeable or redeemable for another ticket or wristband to any other event or performance or for any other consideration, monetary or otherwise. Wristbands obtained from unauthorized sources may be counterfeit and worthless. Wristbands cannot be replaced if lost, stolen or destroyed, and are valid only for the Event. It is unlawful to reproduce this Wristband in any form.
RESERVATION OF MANAGEMENT’S RIGHTS
Management reserves the right to refuse admission to or eject any person whose conduct is deemed by Management, at Management's sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of User. The exercise of management's ejection rights hereunder does not entitle User to a refund of the Wristband or any part thereof. A Wristband is a revocable license and admission may be refused upon refunding the face amount of the Wristband, at management's discretion.
COMPLIANCE WITH RULES
User agrees to comply with all local, Event or venue rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles, weapons, fireworks, pets (except for service animals) and containers of any kind from being brought into the event premises. Wristbands may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests or sweepstakes, without the express written permission of Management.
MINORS & PARENTS/GUARDIANS OF MINORS
Users under the age of 16 may only attend the Event accompanied by someone who is 18 or older and acknowledges that his/her parent or guardian has reviewed, understood and agreed to the terms below. Camping attendees must be 18 or older over OR accompanied by someone who is 18 or older. Parents/Guardians of User acknowledge that they have reviewed, understood and agreed to these Terms (such Terms being interpreted as if they applied both to them and their minor child/ward). Must be 13 or older to purchase a Wristband to the Event.
WAIVER
  • User expressly acknowledge and agree that the activities of the Event, including camping, involve the risk of serious injury and/or death and/or property damage, that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Delaware, and that if any portion is held invalid, the balance shall continue in full legal force and effect
  • User voluntarily, knowingly and freely assumes all risks associated with attending the Event, camping and/or entering the premises, including, but not limited to, User’s own actions or inactions (or the actions/inactions of User’s minor child/ward), the actions or inactions of others (including Event attendees, staff or volunteers), injuries, illness, contact with others (including Event attendees, staff or volunteers), artists’ use of strobe lights, premises defects and the effects of weather, including heat and/or humidity
  • User agrees to observe and obey all posted rules and warnings, to follow any instructions or directions given by Management and to abide by any decision of any Event official relative to User’s ability to safely attend the Event.
  • User certifies that User has no medical condition that would make attendance or camping at the Event more hazardous.
  • User agrees that if User choose to consume alcoholic beverages, he/she will do so responsibly and if over the age of twenty-one (21).
  • User consents to medical care and transportation in order to obtain treatment in the event of injury as Management, volunteers or medical professionals may deem appropriate and understand that this Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
  • User understands and agrees that User is expected to exhibit appropriate behavior and to obey all local, state and federal civil and criminal laws while attending the Event or on the premises. This includes respect for other people, equipment, facilities or property. Management may dismiss User, without refund, should User’s behavior endanger the safety of or negatively affect the Event, premises or any person, facility or property. User agrees to indemnify Management from any and all third-party claims caused in whole or in part by User’s negligent or intentional acts or omissions.
  • User understands and agrees that Management is not responsible for any personal item or property that is lost, damaged or stolen at the Event or on the premises.
  • User understands and agrees that the sale of unauthorized merchandise is not permitted, and User may be dismissed from the Event and the premises for selling such merchandise.
  • User recognizes and acknowledges that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. User freely and voluntarily agrees to assume the full risk of death, bodily injury or property damage, regardless of severity, that User (or User’s child/ward) may sustain as a result of attending or camping at the Event or while on the premises, whether or not caused by Management’s negligence.
  • User indemnifies and holds Management harmless from any loss, liability, damage or cost User may incur while at the Event or on the premises, whether or not caused by Management’s negligence.
  • User releases, waives, discharges and covenants not to sue Management from all liability to User, User’s personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses 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 connected with User’s (or User’s child’s/ward’s) attendance or camping at the Event or while on the premises, whether or not caused by Management’s negligence.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
User (“you”) and Management (“we”) each may elect to resolve any and all claims and disputes relating in any way to this Agreement or dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to info@fireflyfestival.com. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.