TERMS OF PURCHASE
THIS PAGE, THE TIXR TERMS OF SERVICE, AND THE FAQ CONTAINED ON THE FESTIVAL WEBSITE ARE BINDING TERMS. READ THIS AGREEMENT FULLY AS PURCHASING THE TICKET REPRESENTS YOUR CONSENT TO THESE TERMS.
IN ADDITION TO THE TERMS, THIS AGREEMENT DESCRIBES YOUR AGREEMENT TO FORFEIT ANY RIGHT TO TRIAL IN A DISPUTE AND REQUIRES YOU TO BRING YOUR CLAIMS IN BINDING ARBITRATION AS SET FORTH BELOW. BECAUSE YOUR LEGAL RIGHTS ARE AFFECTED PLEASE READ CAREFULLY.
In order to attend High Ground Music & Arts Experience (the “Festival”), the purchaser and/or holder must be in possession of a valid, unused, wristband or ticket (“Ticket”) to enter the Festival. When the purchaser transfers, sells, or assigns a Ticket they purchase or received for the Festival from Tixr or elsewhere to another individual, the rights and obligations described in this Agreement are assigned as well to that person, who becomes the Holder of that Ticket. The Holder also is legally bound and agrees to all terms contained herein as if they were the original purchaser. The purchaser and Holder are hereinafter referred to as “You” or “Your”).
YOUR TICKET IS A CONTRACT
By purchasing or using a Ticket to the Festival, You unconditionally agree to be bound by any and all of the terms and conditions contained within this agreement ( “Agreement”) between You and HGMF, LLC (the “Company”) to attend all or part of the Festival.
You acknowledge and understand that the Ticket is a revocable license to attend the In order to enter into the Festival, You must have Your own valid Ticket. One Ticket is required per attendee and will only be valid on the day(s) of the Festival and area(s) of the Festival as indicated on the Ticket. The Ticket will be invalidated for any other guest once it has been scanned, whether You scan the ticket or not. No exceptions, if Your ticket already was scanned it is invalid and will not be refunded or replaced.
Festival for which it was issued, which is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by You in violation of any local, state or federal law, or that may endanger other ticket holders.
Your Ticket is not redeemable for cash. There will be no replacements for Tickets that are lost, stolen, destroyed or damaged and You unconditionally accept the risk of damage to, loss of and/or theft of Your Ticket.
To ensure that Your Ticket is valid, purchase Your Tickets from Tixr, the exclusive ticketing seller for this event (“Tixr”). Tickets from unauthorized sales channels (e.g., scalpers) may be forged. In no event will forged tickets be honored or eligible for a refund.
Ticket Installment Plan
If You purchase Your Ticket using the installment plan option, meaning You can pay in installments, through Tixr, the Tixr installment plan terms and conditions apply, which can be found on the Tixr website when You purchase Your Ticket. If You make installment payments for a Ticket and do not complete all payments, You will not receive Your Ticket and You will not receive a refund.
If You have any questions or concerns regarding ticketing for the Festival, please contact Tixr customer support by following the instructions at this link: https://_______.
You must submit Your Ticket for validation upon entry into the Festival.
Delay or Interruption:
For safety reasons, Company reserves the right, without any prior notice or compensation to You: to postpone, cancel, interrupt or stop the Festival; provisionally keep visitors on the Festival site at the end of the Festival; totally or partially vacate the Festival site; and deny access to the Festival site regardless of the possession of a valid entry ticket.
Change in Schedule or Artists:
Subject to the limitations of this Agreement, the Company reserves the right to change, modify, or alter any aspect of the Festival (including, without limitation, the event schedule, the location of the event, the appearance of any performer or artist, and/or the order of performance of any performer or artist), at any time, for any reason whatsoever, without any prior notice or compensation to You. You understand that the artists and/or lineup for the Festival may be changed and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your Ticket. You understand, acknowledge, and agree that the names of any artist, act or performer contained in any Festival promotional material is intended for informational purposes only, and does not, in any way, represent the importance or headline status of any single artist, act or performer, and is subject to change without prior notice.
EXCEPT AS EXPLICITLY OTHERWISE PROVIDED HEREIN, YOU UNCONDITIONALLY UNDERSTAND THAT ALL TICKET SALES ARE FINAL. THERE WILL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. THE FESTIVAL IS A RAIN, SNOW, OR SHINE EVENT.
Rain, Snow, or Shine
This Festival is a rain, snow, or shine event and will go forward as long as the Company and local municipalities believe the Festival is safe to continue. There are no refunds due to weather, even if the Festival is partially delayed or some artists must be canceled due to weather delays. The purchaser and/or bearer of a High Ground Music & Art Experience ticket or wristband understands and agrees that he/she is purchasing this ticket to High Ground Music & Art Experience 2022 and not for a particular artist’s performance. The festival is outdoors and weather conditions will affect the performances of all entertainers, and there is a possibility that a particular performer may be unable or unwilling to perform due to weather conditions. Thus, the purchaser and/or bearer of the ticket understands, acknowledges and will not expect a refund for the purchase of the ticket for any talent cancellations for any reason. Talent lineup and schedule are subject to change at any time. If the Festival cancels for any reason and is rescheduled to any date within eighteen (18) months of the originally scheduled date, the purchased ticket or wristband will not be automatically refunded but the original purchaser will be permitted to request a refund under the terms and conditions set at the time of cancellation. Refunds will be processed _____
Entry requirements are subject to change. By purchasing a ticket or wristband You and the person using the ticket or wristband agree to abide by all entry requirements, codes of conduct. Check the website for any updates to codes of conduct, entry requirements, and artist schedules.
If the Festival is canceled in whole, or in part, due to a Force Majeure Event (as defined below), You will not be entitled to a refund. Notwithstanding the foregoing, the Company may issue, at the Company’s sole and absolute discretion, a partial or full refund of Your Ticket, by accounting for, among other considerations, the extent and nature of the cancellation. A “Force Majeure Event” shall mean an act of God, act of terrorism, flood, tsunami, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of Festival attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of Company.
Right to Refund Exclusive.
You understand that in all instances, the maximum remedy You may receive for any cancellation of any part of the Festival, if any, will be the face value of Your Ticket, excluding all fees and/or service charges paid by You in connection with the purchase of Your Ticket. You will not be entitled to any compensation for any other loss You may have incurred for any reason.
ASSUMPTION OF RISK
By entering the Festival grounds, including parking, You assume any and all risk and/or danger, known and unknown, foreseeable and unforeseeable, resulting from, or incidental to, the Festival, whether occurring prior to, during, or subsequent to, the Festival, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. You recognize and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated. You understand that Your use of Your Ticket is contingent upon Your voluntary assumption of the full risk and danger, including death, bodily injury, or property damage, regardless of severity, that may result from, or be incidental to, Your presence at the Festival, whether occurring prior to, during or after the Festival, including, but not limited to, any actions or omissions of the Company Parties (as defined herein).
You agree that the Company Parties and all other related parties, including, but not limited to, each of the Company Parties and the related parties’ management, employees, and agents, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere at the Festival site regardless of fault or reason, so act accordingly. Any and all losses incurred by You are Your responsibility. The Company recommends that You do not bring any valuables to the Festival.
PROOF OF AGE REQUIRED
This Festival is age restricted. To enter the Festival, You must be at least 18 years of age on the first day of the Festival. To access VIP privileges, You must be at least 21 years of age on the first day of the Festival. IF YOU PURCHASE OR HOLD A TICKET AND DO NOT MEET THE MINIMUM AGE REQUIREMENT STATED ABOVE, YOU WILL NOT BE ADMITTED TO THE FESTIVAL AND/OR VIP AREAS. The Festivalis intended for mature audiences only. You may not bring Your child under the above age limitations into the Festival.
You must have one of the forms of approved identification listed below to enter the Festival (18+) or VIP (21+) that demonstrate proof of age. No exceptions will be made, even if You are accompanied by an adult or a person with valid identification. Failure to provide valid identification shall preclude You from entering the Festival (18+) or VIP (21+) even if You hold a ticket for entry, and You shall not be entitled to any refund nor will You be entitled to, or will the Company be liable for, any other damages, including, but not limited to, incidental and/or consequential damages. In addition, during the Festival, You are required to provide valid identification immediately upon request by a member of the Festival security or crew. If You are not able to show a valid identification, You may be promptly ejected from the Festival without the opportunity to return to the Festival, and You shall not receive a refund of Your Ticket.
To enter the VIP 21+ area at the Festival, and/or to consume, be served, purchase or possess alcohol anywhere at the Festival, You must have one of the forms of approved identification listed below that demonstrate proof of age to enter that 21+ Area and/or to consume, be served, purchase or possess alcohol. No exceptions will be made for entry into such designated 21+ Area, even if You are accompanied by an adult or a person with valid identification. Failure to provide valid identification shall preclude You from entering the 21+ Area or being served, purchasing, consuming, or possessing alcohol. In addition, during the time You are present in any such 21+ Area, or are being served, consuming, purchasing or possessing alcohol, You are required to provide valid identification immediately upon request by a member of security or crew. If You are not able to show a valid identification, You may be promptly ejected from the 21 + Area, or the Festival, at Company’s discretion, and if ejected from the Festival, You may be ejected without the opportunity to return to the Festival, and You shall not receive a refund of Your Ticket or any other refund, nor will the Company be liable for any other damages, including, but not limited to incidental or consequential damages.
The following original forms of identification are
State-Issued Driver’s License or ID
US or Foreign Passport
Uniformed Services ID Card
Expired Driver’s License + State-Issued Temporary [Paper] ID
NO other forms of identification to establish age will be accepted.
SECURITY CHECK AND CONDITIONS OF ENTRY
You must submit to a security check on entry, and agree that You waive Your right to privacy to enter the Festival. If You refuse to submit to a security check, You will be refused entry to the Festival without refund.
In order to use Your ticket, You agree to submit to search by metal detector or physical search, including a search of Your hair, hat, clothing, shoes, and socks, and of any objects You seek to bring into the Festival. This includes but is not limited to purses, bags, backpacks, and the contents thereof. Security may prohibit Your entry with objects You propose to bring into the Festival that the security, in their sole discretion, believe may disrupt the course of the Festival, jeopardize the safety of other ticket holders, or disturb the peace. You must either return such items to Your vehicle before entry, or throw them away to enter the Festival grounds. Security WILL NOT be responsible for items that are prohibited from the Festival grounds.
Additionally, You agree that security guards may search Your persons and property on the Festival site at any time, including, but not limited to, storage lockers, and confiscate any prohibited items, in their sole discretion. Given the volume of attendees, all confiscated items or any items will not be held, checked or returned.
YOU WILL BE REFUSED ENTRY WITHOUT REFUND IF YOU:
Are under the influence of illegal drugs or any other illegal substances.
Are clearly suffering from alcohol or other intoxication which, in Festival staff’s sole discretion, has caused You to be in an impaired state that may interfere with Your safety, or the safety or enjoyment of other attendees.
Have been previously banned from festivals and/or other events by the organizer, the administration or legal authorities.
Are demonstrating an intent to disturb the peace or to provoke someone else to do so
Engage in fighting or disruptive behavior.
Use foul language.
Wear clothing with obscene or indecent language.
Resist the direction of and search by the Festival security guards and security services.
Refuse to declare and forfeit objects that are prohibited, as set forth herein.
Fail to provide ID meeting the age restriction that applies to Your ticket.
Intend to distribute flyers or posters on or near the Festival site. If You would like to promote one of Your events, then please visit the official Company website for more information.
Act in violation of the provisions of one or more terms of the Agreement and in particular Your Code of Conduct and Prohibited Items, or in the spirit thereof.
You must empty all camelbacks and water bottles prior to entry each day.
No vending without authorization by Company
No professional cameras, video or recording
No press without credentials by Company
You may not bring any of the following onto the Festival grounds.
THIS LIST OF FORBIDDEN OBJECTS IS SUBJECT TO CHANGE IN THE SOLE DISCRETION OF THE COMPANY AND WITHOUT NOTICE. Please check back before the Festival.
Glass of any kind
Weapons of any kind (regardless of permit)
Alcoholic beverages (purchasable inside venue)
Drugs or drug paraphernalia
Professional cameras, audio, & recording devices
Merchandise that appears intended for sale without approval from Promoter
Large chains, clubs, knives, or weapons of any kind.
Large umbrellas, tents, canopies, sports shades, canopy umbrellas
Any wheeled or electric vehicle of any kind other than ADA wheelchairs, ADA scooters and walkers
Chairs of any size
Remote control flying devices
No beverages (not in cans, bottles, pouches, or boxes), including factory sealed water.
Spiked Heels (Damage grass)
Paint of any kind (including paint markers and spray paint)
Glitter or confetti
Pets (service animals allowed, ESAs are NOT allowed)
Unsealed over the counter medications
Unsealed prescription drugs (Must be turned over to Medical to hold with copy of prescription and photo ID)
Any bag whatsoever larger than a small backpack. One bag per person.
Anything that appears to security or Promoters to be a threat to the safety or enjoyment of the guests, in their sole discretion.
All attendees consent to a search of their person and property before entering the Festival site, including but not limited to metal detectors, scan devices, visual and physical inspection of clothing, hair, hats, shoes, and bags and all contents therein. If there is any question about the item, it must be removed from the site or thrown away prior to entry.
ANYONE found with illegal drugs or underage drinking will be subject to immediate removal from the festival without refund and will not be allowed to return to the festival.
YOUR CONDUCT AT THE FESTIVAL
At the Festival, including parking areas, You may not:
Try to access or be in sections restricted to certain ticket holders unless in accordance with Your Ticket or credentials, such as production rooms, artists’ lodges, VIP zones, press rooms, offices, backstage and working areas.
Climb tents, constructions, fences, closures, lighting columns, tables, benches or any other infrastructure of the Festival site.
Obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting the Festival site.
Wear a disguise or obstruct Your face to avoid being recognized.
Display or make texts, symbols, images, gestures, wear clothing or articles of dress which, in the sole discretion of Festival staff or security personnel, contain and/or display language and/or images which are obscene, racist, xenophobic, provocative, or discriminatory.
Be under the influence of illegal drugs or any other illegal substances.
Sell illegal drugs or alcohol.
Sell any food, drink, clothing, or other products or goods without a seller’s permit and express permission from the Company.
Be clearly suffering from alcohol or other intoxication that, in Festival staff and/or security’s sole discretion, has caused You to be in a impaired state.
Disturb the peace, demonstrate an intent to disturb the peace or provoke someone else to do so, or compromise the safety of the general public.
Throw or shoot any object or liquid, or throw or shoot any other product in loose or gaseous form.
Urinate in public.
Re-enter the Festival after being removed or banned from the Festival, even if You are in possession of a new Ticket (such Ticket will not be refunded).
Deface, mark, damage, tear down or otherwise destroy, in whole or in part, any of the decorations or part of the Festival site.
Litter or fail to maintain the cleanliness of the Festival site.
Stake any umbrella or totem into the Festival grounds.
Resist the direction of, and search by, security personnel.
Refuse to declare and forfeit objects that are considered to be dangerous or off-limits by the Festival’s security personnel – security personnel are under no obligation to return such forfeited items.
Act in violation of this Agreement, the section entitled Your Conduct at the Festival, or the spirit thereof.
You must heed the directions of Festival organizers, staff, and security personnel at all times on the Festival site. If You fail to comply with such directions, You will be removed from the Festival site, and, if necessary, Festival staff may call on the police for assistance.
THERE IS NO REENTRY. If You leave the Festival to the parking or elsewhere, You will be required to purchase a new ticket to re-enter. If You are removed from the Festival, Your ticket will not be refunded and You will be denied re-entry, even if You are in possession of a new Ticket. If You have a new Ticket, Festival staff may seize that Ticket and You shall not receive a refund.
UNAUTHORIZED SALE OR USE OF TICKET
Anyone caught forging entry tickets or any other special admission tickets in order to access or sell such tickets to the Festival will be prosecuted to the full extent of the law without exception.
Counterfeit tickets will not be honored or refunded by the Company and Your purchase of such ticket(s) is not binding on the Company whatsoever.
Anyone caught tampering with or sharing their Ticket, including access to VIP areas, will be immediately ejected and banned from the Festival and will not be permitted Re-entry. .
Tickets may not be resold without prior explicit permission from the Company. Tickets which appear to have been resold without permission from the Company will not be honored or subject to a refund.
The resale, attempted resale, or purchase of Your Ticket at a price higher than the official purchase price from the authorized ticket agent Tixr, or other Company-authorized sale channels, is grounds for seizure and cancellation of Your Ticket without compensation or refund. The only valid tickets are those purchased and/or redeemed through Tixr or other Company-authorized sale channels listed on the official Company website.
Tickets may not be used in association with any giveaway, sweepstakes, contest or similar activities, including, but not limited to, as a prize or incentive, without the Company’s prior written consent. Any Ticket so used will automatically become void at the Company’s sole discretion with no refund to You and/or the ticket holder. Please contact the Company if You wish to provide a Ticket giveaway.
Recordings of You.
By attending the Festival, You understand, agree and acknowledge that (i) You may be photographed and filmed, and (ii) You hereby provide the Company with Your absolute, express consent to be photographed and filmed. You further understand and agree that these images and/or recordings can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for archival, promotional, and/or commercial purposes, in any manner, and in any media, now known or hereafter discovered, without any compensation to You. Your name, image and/or Your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio, visual, or audio-visual recording, photograph, or other reproduction or other publication of the Festival (the “Footage”) and may also be used by or on behalf of the Company or any of the Company’s parent entities, subsidiaries, affiliates, partners, sponsors, officers, shareholders, successors, licenses or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.
At the Festival, the Company may or may not elect to utilize camera surveillance for the purpose of ensuring the safety and proper operation of the Festival. The Footage may be registered or stored by the Company or governmental authorities for the purpose of ensuring the security and safety of Festival attendees and the enforcement of and compliance with the safety regulations on the Festival site.
Recordings by You.
Any recordings made by You on or near the Festival site may not be used for commercial or public purposes, unless consented to by the Company (including, without limitation, having ads run on or beside such videos on YouTube and other video sharing websites). Non-professional grade cameras are allowed at the Festival site. You agree that the Company will be entitled to economic damages if You use any recordings, photographs, or videos from the Festival in a commercial manner without express written permission by the Company.
The Company disclaims all responsibility from losses or damages to vehicles parked on or near the Festival. The Company is not responsible for losses or damage to any vehicle towed from the Festival site.The Company is not responsible for any theft from items left in Your vehicle. Please secure Your belongings in a safe manner. The Company is not obligated to monitor or provide security in the Parking during the Festival. YOU MAY NOT TAILGATE IN THE PARKING LOT to the extent it impedes the safe and efficient flow of traffic into the parking lot, and may not use more than one parking space per vehicle for any reason.
You must maintain the cleanliness of the Festival site and dispose of refuse properly. The collecting points for garbage and recycling on the Festival site will be clearly indicated.
The bathroom facilities at the Festival are free of charge. It is forbidden to use any other location as a bathroom facility. Failure to adhere to this policy will result in Your removal from the Festival without refund, and You will not be permitted to return.
ZERO TOLERANCE ON DRUGS
The Company has a zero tolerance policy regarding illegal drugs. It is forbidden on the Festival site to: (i) use, distribute, sell and/or to be in possession of illegal drugs; and (ii) distribute, sell or improperly use prescription or over-the-counter drugs. You understand and agree that Your use of the Ticket is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons, objects that may disrupt the peace or jeopardize the safety of other ticket holders, and/or other prohibited items prior to Your admission to the Festival site, and/or at any time thereafter. If any of these items are found, this License for admission shall be immediately revoked, such items will be seized by security personnel and forfeited by You, or You will be immediately removed from the Festival. Notwithstanding the foregoing, You are permitted to bring into the Festival Your prescription drugs. You must have a valid prescription and such prescription drugs must be in the original container with the prescription details from the pharmacy, with Your name clearly listed on the prescription, provided that You may only bring into the Festival the quantity required for that day for Your particular prescription, as detailed thereon. You may be required to leave Your Prescription with the Medical tent for distribution to You at the required time. If You are in violation of this rule, You will be immediately ejected from the Festival site. For the safety of all attendees, the Festival staff will closely monitor any potential illegal or prohibited drug activity. There may be camera surveillance for the purpose of ensuring the safety and proper operation of the Festival. The Footage may be registered or stored by the Company or governmental authorities for the purpose of ensuring the security and safety of Festival attendees and the enforcement of and compliance with the safety regulations on the Festival site. You expressly agree that if You consume any type of drugs, whether illegal or legal, consume alcohol not sold by the Festival, or consume both alcohol and drugs at the same time, it may result in severe injury or death to You. You agree that You will not buy any substance of any sort at the Festival from any person other than a Company authorized seller and that purchasing substances of any sort by any person other than a Company authorized seller constitutes engaging in extremely dangerous activity that may result in severe injury or death resulting exclusively from Your behavior and not the fault of the Company.
You agree that this is an outdoor event with natural surroundings and uneven surfaces. By entering the Festival Parking and Festival Grounds, You agree to exercise caution based on unstable, bumpy, rocky, and pitted terrain. Surfaces, including grass, dirt, and paved paths, become slippery when wet. Therefore rain or snow could impact Your ability to navigate the parking and Festival. You agree that You are responsible for Your safety and agree that neither the Venue nor Company can prevent slipping or tripping on natural land and therefore are not responsible. You assume all risks of natural surroundings when You enter the Parking and Festival Site.
ASSUMPTION OF RISK AND COMPLIANCE WITH RULES RELATING TO COVID-19:
COVID-19 Related Safety Rules.
You understand that the Festival for which You purchase a ticket shall be presented in accordance with applicable public health conditions as of the date of such event and which may change at any time as determined by federal, state, or local government agencies or instrumentalities, artists or the Company. The Company may or may not require any of the following, in its sole discretion, and the rules for entry by the Company will not be a basis for refund of Your ticket for any reason. Such requirements may include, without limitation, changes to capacity, attendance procedures and entry requirements, such as proof of vaccination or booster, and/or a negative COVID-19 test, and other protective measures such as requiring attendees to wear face coverings or socially distance. The Company may elect to add additional protections in its sole discretion it deems to be in the best interests of ticket holders or artists. The Company may elect to employ less restrictive requirements than other events. The requirements at the time of the Festival may change from the date You purchased Your Ticket. Changes to restrictions do not entitle You to a refund. You must comply with any laws, mandates, health orders or directives, or Festival requirements. Failure by the Company to require COVID-19 restrictions, promoter or venue terms, conditions or rules, then the promoter or venue operator may refuse admission or require any Holder to leave the venue and You/Holder will not be entitled to a refund.
Your Assumption of Risk at Festival for COVID-19 or other Contagious diseases.
COVID-19 is an extremely contagious disease that can lead to severe illness and death. There is an inherent and elevated risk of exposure to COVID-19 in any public place or place where people are present and there is no guarantee, express or implied, that You will not be exposed to COVID-19 at the Festival. The promoter, venue, artists, and ticketing platform are not responsible for exposure to COVID-19, or any other contagious disease, during the Festival. According to the CDC, older adults and people of all ages with serious underlying medical conditions may be at higher risk of death or severe illness from COVID-19. You should evaluate Your risk in determining whether to attend the Festival. By entering the venue/Festival, You voluntarily assume all risks related to exposure to COVID-19 or other communicable or contagious diseases and confirm that You will adhere to local quarantine requirements and public health guidelines, including but not limited to the CDC Quarantine and Isolation Guidelines.
You hereby consent to medical care and transportation in order to obtain treatment in the event of injury as Festival staff, security, police or medical professionals may deem appropriate in their reasonable discretion. You understand this waiver extends to any liability that arises out of, or is in any way connected with, the medical treatment and transportation provided in the event of an emergency and/or injury.
You hereby agree to release and hold harmless the Company Parties from any liability arising out of or in connection with the actions or omissions of the Company Parties related to Your medical care.
You hereby indemnify and hold harmless the Company, The Denver Polo Club, Inc., Of Horse You Can, Inc., Of Horse You Can Foundation, and each of their parent, affiliate, and subsidiary companies, and each of their respective representatives, officers, directors, owners, members, trustees, agents, employees, successors, licenses, volunteers, independent contractors, and assigns, Tixr, Inc., and any other designated ticketing agent, Festival sponsors/promoters, and the performing artists, including, but not limited to, their respective management, their agents, their staff and their designees (collectively, the “Company Parties”) from any loss, liability, damage or cost in any way arising out of, or related to, Your actions and omissions at, around, or while traveling to and from, the Festival.
You hereby waive, discharge, hold harmless and covenant not to sue the Company Parties from any and all liability arising out of, or in connection with, the Festival, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of, or related to, the Festival, Your attendance at the Festival, or Your travel to and from the Festival, except to the extent caused by the gross negligence or willful misconduct of the Company Parties.
IN NO EVENT WILL THE COMPANY PARTIES OR THEIR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, OR IN CONNECTION WITH, THE FESTIVAL OR ANY PRODUCT OR SERVICE PURCHASED AT THE FESTIVAL, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER ATTENDEE OF THE FESTIVAL TO CONFORM TO THESE RULES, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE FESTIVAL, (c) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (d) ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OF FESTIVAL STAFF OR SECURITY TO HONOR YOUR TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE FESTIVAL IS TO LEAVE THE FESTIVAL. THE LIMITATIONS IN THIS PARAGRAPH APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE BY YOU.
Notice of Claim and Agreed Limitation to bring Action.
Any claims You believe You have against any of the Company Parties must be brought in writing within six (6) months from the date of the loss. Notification must be provided explaining the loss and how the loss occurred. No suit for any cause may be maintained against the Company Parties unless it is commenced within one (1) year after the Festival You attended.
Agreement to Arbitrate in Lieu of Court:
You or others on Your behalf, and the Company Parties, agree to resolve all claims, or disputes (“Disputes”), as defined below, in binding arbitration or small claims court. You, or others on Your behalf, and the Company Parties, agree that any proceeding will be conducted solely on an individual, non-representative, basis and not as a class, representative, mass, or consolidated action. You agree that, by entering into this Agreement, You and the Company Parties are waiving the right to trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
Disputes as used in this Agreement include ANY disagreements between us where You or we seek money damage, an injunction, or equitable relief, and include but are not limited to, any claims or controversies against any of the Company Parties or You, including but not limited to disputes arising over, relating in any respect to this Agreement, or that You alleged was in relation to ticketing, Your attendance, entry search or security, on site parking, food, beverage, and retail vendors, alcoholic beverages, grounds, performers or performances, venue, livestock on venue grounds, other attendees, staff, or volunteers, medical services, security services, artists, sponsors, activations, activities, or any other aspect of the Festival,
What is Arbitration? In arbitration, there is no judge or jury. Instead, a qualified neutral third party resolves any claim or dispute in a private process, not court. Arbitrators typically are former judges and lawyers who have been trained in the process of dispute resolution. Discovery is more streamlined, and generally the dispute is resolved more quickly than would occur in court.
How our Arbitration will work:
Whoever believes they have a claim against the other party (You or us) will notify the American Arbitration Association, or another panel of arbitrators that meets the requirements set forth below and which we both agree upon (“AAA” or “Panel”), in writing that we have a dispute. You may be represented by counsel, but are not required to retain counsel if You prefer to represent Yourself.
Governing Rules and Law, Location of Arbitration. The Panel will apply the AAA Consumer Arbitration Rules (the “Rules”), the Federal Arbitration Act (“FAA”), and laws of the State of Colorado, where the Festival will occur, even if You live in another state and elect to come to Colorado for the Festival. The arbitration will happen within sixty (60) miles of the Festival location (which may include as an example Denver or Colorado Springs Colorado).
Arbitrator Selection. There will be one arbitrator, selected according to the AAA Rules. Any panel selected other than the AAA must have no less than five (5) arbitrators on its panel with no less than five (5) years experience arbitrating. The Arbitrator selected must have at least five (5) years arbitration experience, or have been an arbitrator in less than 25 arbitrations. Arbitrators with entertainment and event experience are preferred but not required. Both parties may object to any specific arbitrator as provided in the AAA Rules.
Arbitrator Role. The Arbitrator will make all decisions in the case, including whether the case must be arbitrated, the rules that apply to the arbitration, any discovery/investigation and other motions that will be permitted, the facts and applicable law, and the damages, if any, to be awarded. You and we will have an opportunity to present our sides of the Dispute, including any law or facts, to the Arbitrator who will then provide a reasoned award deciding all facts and law in the case. The decision of the Arbitrator is final with no right of appeal.
Your Arbitration Hearing. If Your or our Dispute is for less than $25,000, the Arbitrator will decide this case based on a submission of documents only unless a party requests an in-person or telephonic hearing or the Arbitrator decides that a hearing is necessary. In lieu of an in-person hearing, the parties may agree to a telephonic or video conference hearing, and the Arbitrator may order a video conference in lieu of live hearing in the interests of justice, health and safety.
Right to Small Claims Court. If Your or our dispute is within the jurisdiction of the small claims courts in Colorado, either party may choose to take the claim to that court instead of arbitration pursuant to the AAA Rules. Small claims must be brought within sixty (60) miles of the Festival venue (which includes Denver and Colorado Springs, Colorado, for example.)
Proceedings in Arbitration.
Discovery will be limited to an exchange of documents unless the Parties agree or the Arbitrator finds that, considering the goals of arbitration of a just, speedy and economic resolution, additional documentary, interrogatory, or deposition discovery is required.
The Parties may retain and present experts and conduct expert depositions in such cases.
You or we may elect to hire a court reporter to record the hearing.
Award. The Arbitrator will issue a reasoned award, which will explain the decision but will not include findings of fact and conclusions of law. For contract disputes, the sole remedy for You is the cost of the Ticket You purchased, and no other damages, including punitive, consequential, penalty, fines or other damages unless required by statute. For personal injury disputes, damages are limited to out of pocket loss absent gross negligence or willful misconduct on the part of the Company Parties, unless mandated by statute. The Arbitrator may award attorneys fees to the prevailing party on a determination that the party prevailed on more than half of their damages or remedies sought. If fees are awarded, they may be awarded to counsel for the Party whether outside or inside counsel.
Fees and Costs. The Company will pay administrative costs and consumer arbitration fees for claims that are based in contract or related to the rights and obligations of the parties under the Ticket sales. If Your claim is based on personal injury occurring during the Festival, each party will bear their own administrative costs and arbitrator fees.
You unconditionally agree that the terms and conditions contained herein, on the Tixr website, and Your obligations set forth on the Festival Website under FAQ represent the entire agreement between You and the Company with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms, including, but not limited to, the text contained on the back of the actual Ticket and/or any contrary understanding or agreements between You and the Company.
You further confirm that there are no other agreements between You and any of the other Company Parties. You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof, which may be made from time to time without prior notice to You. Any updates to our new terms and conditions will be posted to this website address.
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to effect the intent of the parties hereto, and the other provisions contained herein will remain in full force and effect. Company’s failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.