ELECTRIC ZOO – NEW YORK CITY – 2015
TERMS AND CONDITIONS
In order for the purchaser and/or holder (hereinafter referred to as you “You” or “Your”) of a valid wristband or ticket (“Ticket”) to enter Electric Zoo (the “Festival”), You must possess a valid Ticket that permits access. The Festival will be open on Friday, September 4th, Saturday, September 5th and Sunday, September 6th from 1:00 PM until 11:00 PM. Please allow ample time to check-in, as ticketholders will not be allowed to check-in after 9:30 PM each day.
ARTICLE 1: YOUR TICKET
- PLEASE BE ADVISED that the purchase and/or use of a wristband or ticket to, and/or entry into, the Festival shall constitute Your unconditional acceptance to be bound by any and all of the terms and conditions of this agreement (this “Agreement”) between You and EZ Festivals, LLC, and its respective agents, representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns (collectively, the “Company”) to attend all or part of the Festival.
- For safety reasons, Company reserves the right to, without any prior notice or compensation to You: 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.
- 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 OR SHINE EVENT.
- Notwithstanding the foregoing, if the Festival is cancelled in part due to a Force Majeure Event (defined below), the Company may refund a portion of your Ticket in Company’s discretion, taking into account the extent of the cancellation among other considerations. 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, any such occurrence beyond the reasonable control of Company.
- By entering the Festival, You assume all risk and/or danger incidental to the Festival, whether occurring prior to, during, or subsequent to, the attraction, including, but not limited to, any death, personal loss, damage or liability. You understand that Your use of Your Ticket is contingent upon Your voluntary assumption of all risk and danger incidental to your presence at the Festival, whether occurring prior, during or after the Festival, including any acts or omissions of the Company. The Company recommends that you do not bring any valuables to the Festival.
- You acknowledge and understand that the Ticket is a revocable license to attend the 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 ticketholders. Re-entry is prohibited.
- Prior to the Festival, all Ticket holders will receive instructions for “activating” their Ticket on a company affiliated website.
- The Festival will be “Cashless”. This means that all purchases of merchandise, food or other products on-site at the Festival will be processed through our cashless system in lieu of cash or credit card transactions. The terms of the Cashless system will be available on the Cashless website, including information pertaining to (i) their use, (ii) any exchange ratio between U.S. Dollars and the Festival’s digital currency, and (iii) any administrative or similar fees.
ARTICLE 2: TICKET AND PROOF OF AGE REQUIRED
- 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 or days of the Festival and areas of the Festival as indicated on the Ticket.
- Your Ticket is not redeemable for cash. There are no replacements for Tickets 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 Flavorus, Inc. (“Flavorus”) or other Company-authorized sale channels listed on the official Company website. Tickets from unauthorized sales channels (e.g., scalpers) may be forged. In no event will forged tickets be honored or eligible for a refund.
- You must submit Your Ticket for validation upon entry into the Festival.
- You must be at least 18 years of age, with valid proof of age, as of the date you are attending the Event in order to attend the Event. The Festival is intended for mature audiences only.
- You must have one of the following forms of approved identification to enter the Festival 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 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 must be able to provide valid identification if requested by a member of 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 Your locker, and You shall not receive a refund of Your Ticket.
- The following original forms of identification are ACCEPTABLE:
- Government-Issued Passport
- Driver’s License (U.S. or Canada)
- Military Identification Card
- Government-Issued Identification Card (U.S. or Canada)
- The following forms of identification are UNACCEPTABLE:
- Expired Identification Card
- School Identification Card
- License/ID card issued in countries other than the U.S. or Canada.
- Birth Certificate
- Social Security Card
- Federal Immigration Card
- Voter Registration Card
- Copies of any acceptable forms of identification.
ARTICLE 3: SECURITY CHECK
- Access to the Festival site is PROHIBITED or refused to, but not limited to, people who:
- Are under the influence of drugs or any other illegal substances.
- Are clearly suffering from alcohol intoxication which, in the Festival staff’s sole discretion, has caused You to be in a impaired state.
- 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’s security guards and security services.
- Refuse to declare and forfeits objects that are prohibited, as set forth herein.
- 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 articles of these regulations or in the spirit thereof.
- Please note all ticket holders will be searched upon entering the Festival site. Security guards will inspect all objects brought onto the Festival site including, but not limited to, clothing, luggage and other personal items in order to detect objects that may, or may be used to, disrupt the course of the Festival, jeopardize the safety of other ticketholders or disturb the peace. The security guards reserve the right to confiscate these objects in their sole discretion. Given the volume of attendees, it is not guaranteed that these objects will be returned to you. For that reason, please read Article 4 carefully.
ARTICLE 4: PERMITTED AND FORBIDDEN OBJECTS
- The following is a non-exclusive list of what You may NOT bring, or have another person bring on Your behalf, into the Festival:
- NO glass of any kind
- NO weapons of any kind
- NO paint of any kind including paint markers and spray paint
- NO fireworks
- NO illegal substances
- NO illegal drugs or substances or drug paraphernalia
- NO prescription drugs unless (i) You have a valid prescription with Your name clearly listed on the prescription and (ii) the prescription drugs are held and administered by the Company’s medical staff during the Festival
- NO prescription drugs that are being shared with others
- NO products that are being used or may be used for an unintended purpose that could be hazardous to Your health or others.
- NO large chains
- NO laser pointers
- NO flags or totems with metal or wood pieces
- NO large umbrellas
- NO unsealed tampons
- NO stuffed animals/dolls
- NO pacifiers
- NO over the counter medications/vitamins
- NO vending without permit allowed
- NO bicycles, scooters, go carts, or ATVs
- NO pets
- NO coolers
- NO outside food or drinks (1 factory sealed water bottle permissible max size 1 gallon)
- NO open containers
- NO multi pocket backpacks (cinch packs ok)
- NO deodorant or perfume in aerosol
- NO tripod for cameras
- NO projectiles or explosives
- NO knives or sharp objects
- NO flammable products or aerosol cans
- NO open fires
- NO Poi
- NO water guns or misters
- NO chairs
- NO flyers, stickers, posters
- NO drones and/or other similar flying apparatus
- NO sleeping bags
- NO professional cameras
- NO item that can be used as a means to disturb the peace, endanger the safety of the crowd and/or inflict damage to people and goods in the sole discretion of Festival staff.
- You may bring the following objects to the Festival:
- Simple disposable or pocket cameras (non-professional).
- Sealed Sunscreen and cosmetic products (max. 3oz or 90ml).
- Small or medium backpacks.
- Cell phones.
- 1 reusable water bottle per person (must be empty at entry).
- Sunglasses, hats, fanny packs.
- Sealed lip balm, gum, and mints.
- Empty Camelbaks or Bota Bags.
- Service animals if You are a person with disabilities, or service animals in-training if You are wearing appropriate apparel and You have on Your person credentials from an accredited school for which the dog is being raised. Please e-mail any questions to the Company at firstname.lastname@example.org
ARTICLE 5: CONDUCT AT THE FESTIVAL
- At the Festival, it is forbidden to:
- Try to access or be in sections restricted to certain ticketholders unless in accordance with Your Ticket or credentials, such as production rooms, artists’ lodges, VIP zones, press rooms, offices, backstage & working areas, etc.
- 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 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, or use language and/or images which are obscene, racist, xenophobic, provocative, or discriminatory.
- Be under the influence of drugs or any other illegal substances.
- Be clearly suffering from alcohol intoxication which, in the Festival staff’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.
- Sell drinks, food or any other product without the express consent of the Company.
- 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 venue.
- Litter or fail to maintain the cleanliness of the Festival site.
- 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 the provisions of one more articles of these regulations or the spirit thereof.
- You must heed the directions of Festival organizers and security personnel at all times whilst 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.
ARTICLE 6: RE-ENTRY
- Re-entry is prohibited.
ARTICLE 7: UNAUTHORIZED SALE OR USE OF TICKET
- Anyone caught forging entry tickets or any other special admission ticket in order to access or sell such tickets to the Festival will be prosecuted without exception. Counterfeit Tickets will not be honored or refunded by the Company.
- Anyone caught tampering with or sharing their Ticket will be immediately ejected and banned from the Festival.
- 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 Flavorus, or other Company-authorized sale channels, is grounds for seizure and cancellation of Your Ticket without compensation. The only valid tickets are those purchased and/or redeemed through Flavorus or other Company-authorized sale channels listed on the official Company website.
- Tickets may not be used in association with any giveaways, sweepstakes, contests 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 ticketholder.
ARTICLE 8: RECORDINGS
- By attending the Festival, You give Your express consent to the fact that You may be photographed and filmed and that these images can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for commercial purposes. Your name, image and/or Your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio and/or visual recording, audio-visual recording, photograph, or other reproduction or other publication of the Festival (the “Footage”) may also be used for any other purpose, including, but not limited to, commercial purposes on behalf of Company, its parent company, and their respective affiliates, subsidiaries and third party commercial partners, including sponsors to the Festival, without any compensation to You and you waive all other rights in and to those images and likenesses, 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, there will 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.
- Any recordings made by ticketholders 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 small video cameras and cameras are allowed at the Festival site.
ARTICLE 9: MERCHANDISE
- Official T-shirts and souvenirs are only on sale within the Festival site.
ARTICLE 10: PARKING
- All vehicles that are on the site must clearly display in their front window a valid parking e-ticket, issued by Flavorus or other Company authorized sale channels listed on the official Company website. Offenders will be towed at the expense of the offender.
- 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.
ARTICLE 11: REFUSE
- The Festival is located in a natural habitat. 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. You can also find garbage containers in the parking lots.
- The bathroom facilities at the Festival are free of charge. It is forbidden to use any other location as a bathroom facility.
ARTICLE 12: ZERO TOLERANCE DRUGS POLICY
- The Company has a zero tolerance policy regarding drugs. It is forbidden to use, distribute, sell and/or to be in possession of drugs on the Festival site. 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 ticketholders, and/or other prohibited items prior to Your admission to the Venue 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 prescription drugs if (i) You have a valid prescription with the Your name clearly listed on the prescription and (ii) the prescription drugs are held and administered by the Company’s medical staff during the Festival.
- If You are in violation of this rule, You will be immediately ejected from the Festival site. The Festival staff will closely monitor any potential drug activity, relying in part on security cameras placed throughout the Festival site.
- Before You enter the Festival site, You should dispose of any drugs You may have in the designated drug amnesty bins.
- By entering the Festival site, You consent to be searched by Festival staff. If You refuse to submit to a search by Festival staff, You will be denied entry to, or ejected from, the Festival site.
ARTICLE 13: ADDITIONAL AMENITIES
- ATMs are available at the Festival site.
ARTICLE 14: ADA ACCOMMODATIONS
- Approved service dogs are allowed on the Festival site. Please make sure these animals are easily recognizable as such. Please e-mail the Company at email@example.com
to make arrangements for Your service dog.
- Adapted toilets are situated in locations all over the Festival site.
- Patrons with Mobility Limitations: The Festival site is wheelchair accessible, but please be aware that this is a large outdoor venue with great distances between stages and numerous hills. Although the Company does its best to provide flooring where needed, most travel is over natural terrain. If it should rain there will be soft grounds and mud in some places.
- Certain Festival staff are designated to assist with accessibility and may be found at the Festival entrance or called through the information booth, also found near the Festival entrance.
- Should You wish to make use of the aforementioned facilities or if You would like additional information about available accommodations, please e-mail the Company at firstname.lastname@example.org
ARTICLE 15: STAGE SAFETY
- You should be aware that the Festival may be, in whole or in part, slippery.
- Some stages are fitted with large screens enabling anybody who is standing further away to enjoy the Festival.
ARTICLE 16: MEDICAL CARE
- 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 arising out of or 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 (defined below) from any liability arising out of or in connection any acts or omissions related to Your medical care.
- 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. By entering the Festival site, You voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that may sustain as a result of attendance at the Festival or while on the premises, whether or not caused by the negligence or gross negligence of organizers or their agents.
ARTICLE 17: INDEMNIFICATION
- You hereby indemnify and hold harmless the Company, its parent companies, affiliates, and subsidiaries and their representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns, the Venue, Flavorus, sponsors, the promoter(s), the artists, including, but not limited to, their respective management, their agents, their staff and their designees (the “Company Parties”) from any loss, liability, damage or cost in any way arising out of or related to Your negligence or misconduct at, around, or while traveling to or 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 or related to the Festival, your attendance at the Festival, or your travel to and from the Festival, whether or not caused by the negligence or gross negligence of the Company Parties.
- You unconditionally agree that the terms and conditions contained herein and/or referenced herein represent the entire agreement between You and Company and Flavorus, their respective parent companies, affiliates, and subsidiaries and their representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns 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 agreements between You and any other of the 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.
- 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 SECTION WILL 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.
ARTICLE 18: MISCELLANEOUS PROVISIONS
- These terms shall be governed by and construed under the laws of the State of New York. Any controversy or claim arising out of or relating to these terms shall be brought only in the courts located in New York County unless otherwise specified. The parties hereto specifically consent to personal jurisdiction of said courts. You hereby waive Your right to a jury trial.
- You understand that the Company Parties and all related parties, including but not limited to their 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 in the Venue regardless of fault or reason, so act accordingly.
- In the event of the cancellation of the Festival, your sole remedy shall be for the refund of the value of the ticket, excluding any fees or service charges, and in no case shall you be entitled to any other damages, including but not limited to incidental and/or consequential damages. You understand that the issuer of Your Ticket reserves the right to change, modify, add or remove any or all provisions herein contained in its sole discretion without prior notice to You.
- You unconditionally agree that the terms and conditions contained herein and/or referenced herein 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 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.
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.