TICKET PURCHASE AND FESTIVAL TERMS AND CONDITIONS
TICKET POLICY
All Sales Are Final—If the festival is postponed or rescheduled, tickets are non-refundable and non-replaceable, but they are transferable, and will automatically carry over to the festival’s new dates. Photocopy of identification or photocopy of tickets are not accepted.
RISK STATEMENT- CENTRAL VALLEY BREWFEST
There are risks involved in any Event. By going to the Event (The Central Valley Brewfest), you assume all risks incidental to the Event and release Event Management, Ticketing, Charity Partners, Event Organizers and their respective affiliates from all claims related to or arising out of the Event or your presence at the Event. The ticket you hold is subject to all applicable policies of the Management of the Event. This ticket is a revocable license to enter the Event at the date and time listed on the front. What that means is that Management reserves the right, without paying a refund, to refuse entry or eject you if you are not complying with all Management policies applicable to the Event. The Event date and time is subject to change. Resale and/or transfer of the ticket may be prohibited by Management’s policies, and if so, any such resale and/or transfer is void to the maximum extent allowed by applicable laws. Any such unauthorized resale and/or transfer may result in refusal of entry without refund. Tickets not obtained directly from Management may be lost, stolen, counterfeit or invalid, in which case they will not be honored.
AGREEMENT
Any purchase or possession of tickets (including wristbands, the “Ticket(s)”) for the Central Valley Brewfest (the “Festival”) constitutes the irrevocable acceptance of, and the agreement to be bound by, all of the terms and conditions contained herein, by you as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “You” or “Your”). You further acknowledge and agree that Central Valley Brewfest, Festival Organizer (MD Event Productions) and it’s authorized contractors may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained herein from time to time, without advanced, direct or individual notification to you (collectively “Revise or Revision(s)”) and which Revisions shall, at the sole and absolute option of Festival Organizer, relate back to the date of purchase. Festival Organizer shall have the right to periodically Revise all or some of the terms or conditions specified herein by posting such Revisions on the festival’s website located at https://cvbrewfest.com/ (the “Site”). If you do not agree to be bound by these terms and conditions, do not purchase Tickets.
REVOCABLE LICENSE
Your Ticket shall at all times be deemed a revocable license issued by EVENT ORGANIZER, as the licensor hereunder or its respective designee(s) (“EVENT ORGANIZER” and sometimes also referred to as, “we,” “our” or “us”) for the sole purpose of accessing the venue which the Festival is scheduled to occur (the “Venue”) and for attending the Festival (the “License”). The License may, at the sole and absolute option of EVENT ORGANIZER, be revoked at any time by EVENT ORGANIZER with or without additional notification to You, which includes denying You access to the Venue upon or due to any violation, or suspected violation of any or all of these terms and conditions or for any violation or suspected violation of any applicable laws, policies, rules or regulations, as determined by EVENT ORGANIZER or its contractors.
LOST, STOLEN OR DESTROYED TICKETS
EVENT ORGANIZER, its processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets. Following the delivery of Your Tickets, You assume 100% risk of loss relating to the Tickets, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets.
NOT REDEEMABLE FOR CASH
Your Ticket is not redeemable for cash.
CHANGES TO LINE-UP, DATE OR VENUE
EVENT ORGANIZER, shall at any time prior to the Festival, have the right to change the Vendors, Venue, Artist Lineup, Festival Times, Festival Dates or any or all other components of the Festival, at any time, with or without advance notification to You and without any compensation to You. If you do not agree with ANY OF the terms and conditions set forth in this Paragraph OR AGREEMENT, do not purchase Tickets.
FESTIVAL CANCELLATION BY EVENT ORGANIZER
Upon the occurrence of a Festival cancellation by EVENT ORGANIZER, shall have the option to either: (a) elect to issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only (or a pro-rata portion thereof, in the Festival of a partial cancellation) or (b) reschedule the Festival for a future date within the 12-month period immediately following the Festival cancellation by the EVENT ORGANIZER. In cases of the rescheduling the cancelled Festival for a future date, You shall not be entitled to refund. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Festival cancellations. If you do not agree with ANY OF the terms and conditions AS set forth in this Paragraph OR AGREEMENT, or if you do not agree with, or agree to assume the allocation of risk TO YOU AS SET FORTH HEREUNDER, do not purchase Tickets.
REFUNDS DUE TO CANCELLATION BY EVENT ORGANIZER
In the election to issue refunds under subparagraph (a) of this Paragraph 7 hereunder the following shall apply: EVENT ORGANIZER shall issue refunds, on a pro-rata or “per day” basis for Festival, as applicable. For purposes of determining any pro-rata refunds due, EVENT ORGANIZER shall only be required to issue refunds in “whole days” and once Venue gates open, the Festival on that particular date shall be deemed to have been delivered in its entirely and not subject to refund. You shall only be entitled to refunds for those days for which You purchased Tickets and for which Venue access was never granted during the course of an entire day. Delayed gate openings shall not be subject to refunds. Under no circumstances shall You be entitled to a refund of any shipping, handling or other processing fees. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Festival cancellations. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets.
FORCE MAJEURE EVENTS
Upon the occurrence of a Festival Cancellation due to reasons other than by as specified in Paragraph 7 above (“Festival Cancellation By EVENT ORGANIZER”), including but not limited to, events outside EVENT ORGANIZER’s control, acts of God, pandemics (e.g. COVID-19) riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), EVENT ORGANIZER shall, at its sole and absolute option (a) have the right, but not the obligation, to issue You a refund (including partial refunds on terms specified or contemplated in Paragraph 8 above) or shall at its option, (b) elect to postpone the Festival or (c) cancel the Festival without further legal or financial obligation or liability to you, including the obligation to issue You a refund or to reschedule the Festival. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Festival cancellations. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set for in the agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets. If EVENT ORGANIZER elects to issue a refund, the Ticket purchaser of record shall be refunded in an amount equivalent to the face value of Ticket(s) only. If EVENT ORGANIZER elects to reschedule the Festival for a future date, You may not be entitled to a refund. Under no circumstances shall You be entitled to a refund of any shipping, handling or other processing fees.
POSTPONEMENT OF FESTIVAL
Unless otherwise specified herein, at all times prior to the Festival, EVENT ORGANIZER reserves all rights to cancel or postpone the Festival or to change the Venue, the artist lineup, vendor list, time, the date of the Festival or other Festival-related components without any obligation by EVENT ORGANIZER to give You additional or prior notice or compensation.
NOTIFICATION OF FESTIVAL CANCELLATION OR POSTPONEMENT
If Festival is cancelled or postponed, whether in whole or in part, or if the Venue is closed, EVENT ORGANIZER shall post a notification on the Site relating to such cancellation or postponement.
ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES.
This Festival is a “Rain or Shine” Festival. This Festival is “Standing Room Only.” Unless otherwise specified herein to the contrary, there shall be NO refunds or exchanges relative to Ticket purchases. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, do not purchase Tickets.
ASSUMPTION OF RISKS
You assume any and all risks, whether expressly set forth herein, as well as, any other risks and dangers incidental or in any way relating to your presence during the Festival, including any risks that occur prior, during or after the Festival or any risks that are not foreseeable, such as, any and all risks arising from or relating to the acts or omissions of others (including Artists, Festival attendees, the Venue owners or operators and its staff, employees and agents; or EVENT ORGANIZER, the Festival organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
LOST OR STOLEN PROPERTY
Festival organizers and their respective Indemnitees (defined in paragraph 18 below) shall not be held responsible, financially or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or during the Festival, regardless of fault. You assume all risks of loss associated with the loss or damage to Your personal property.
FESTIVAL HAZARDS
You assume all risks of personal injuries relating to Your attendance of the Festival including, but not limited to projectiles, hearing loss, seizures and other health conditions incidental, relating to or arising from loud music and sounds.
INDEMNIFICATION
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and EVENT ORGANIZER, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, EVENT ORGANIZER, Venue owners, and all their respective subsidiaries, affiliates, officers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Festival, to the maximum extent permitted by applicable law.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and EVENT ORGANIZER, EVENT ORGANIZER and its contractors, shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. EVENT ORGANIZER shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that EVENT ORGANIZER shall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and EVENT ORGANIZER, EVENT ORGANIZER shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Festival, and whether in or out of context.
NO ILLICIT DRUGS; NO WEAPONS
EVENT ORGANIZER and the Venue maintains a zero tolerance policy regarding the illegal or illicit drug use at the Venue or otherwise during the Festival. You knowingly, intelligently and voluntarily consent to be searched by EVENT ORGANIZER for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your presence at the Festival or Venue and agree that the discovery of any prohibited items shall constitute a violation of EVENT ORGANIZER’s anti-drug policies and shall correspondingly give EVENT ORGANIZER the right to immediately revoke Your License to access the Venue, to attend the Festival and to deny You any future admission to the Festival or Venue without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and EVENT ORGANIZER, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees for any losses, whether personal injury or property damage, resulting from or relating to Your illicit drug use, Your use of weapons or anything in violation of these terms and conditions.
PROHIBITED ITEMS AND ACTIVITIES
The following items and activities are strictly prohibited at the Festival: the use of professional cameras, professional video or professional audio recording equipment; outside food or beverages; unauthorized vendors or performers; handing out fliers or leaflets; pets; oversized bags (permitted bags will be subject to search); skate boards, roller skates, bikes or the like; wagons; fireworks; radios or other music players; placards or signs; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of the Festival by others or poses a threat to public safety, as determined in the sole discretion of EVENT ORGANIZER. EVENT ORGANIZER reserves the right to terminate Your License to the Venue at any time if You engage in any prohibited activities.
ASSIGNMENT
EVENT ORGANIZER shall, at all times, have the right to assign or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You.
INTEGRATION CLAUSE
You agree that the terms and conditions contained herein, and as amended from time to time by EVENT ORGANIZER, represent the entire agreement between You and the EVENT ORGANIZER with respect to its subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.
ARBITRATION OF DISPUTES
Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and EVENT ORGANIZER or You and any company or person employed by or which is affiliated with either EVENT ORGANIZER, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of California law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator.
CHARGEBACK DISPUTES
In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to Ticket purchases” as set forth in Paragraph 11, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that EVENT ORGANIZER shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
FOREIGN CURRENCY REFUNDS
EVENT ORGANIZER shall not be responsible for any exchange rate losses incurred during the order or refund process. EVENT ORGANIZER shall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended.
MISCELLANEOUS
By making a purchase of Ticket(s), You acknowledge and agree that You are at least 21 years of age. You cannot share or duplicate tickets. Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of EVENT ORGANIZER.
REVISION DATE
This agreement was last revised on April 20, 2020.