TICKET PURCHASE AND FESTIVAL TERMS AND CONDITIONS
AGREEMENT
Any purchase or possession of tickets (including wristbands, the “Ticket(s)”) for Konnexion Music Festival (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 KMF Productions LLC (“KMF” and sometimes also referred to as, “we,” “our” or “us”) and its 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 KMF, relate back to the date of purchase. KMF 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 http://www.konnexionmusicfestival.com (the “Site”). If you do not agree to be bound by these terms and conditions, do not purchase Tickets.
RISK STATEMENT
There are risks involved in attending any event. By going to the Festival, you assume all risks incidental to the Festival and release KMF Productions LLC and their respective affiliates from all claims related to or arising out of the Festival or your presence at the Festival. The ticket you hold is subject to all applicable policies of KMF for the management of the Festival. This Ticket is a revocable license to enter the Festival at the date and time listed on the Ticket. What that means is that KMF 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 Festival.
The Festival date and time is subject to change. Performing artists and times are subject to change. Resale and/or transfer of the ticket may be restricted or prohibited by KMF policies, and if so, any such resale and/or transfer in violation of such policies 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 KMF may be lost, stolen, counterfeit or invalid, in which case they will not be honored. This is further outlined below.
REVOCABLE LICENSE
Your Ticket shall at all times be deemed a revocable license issued by KMF, as the licensor hereunder or its respective designee(s) for the sole purpose of accessing the venue at 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 KMF, be revoked at any time by KMF 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 KMF or its contractors.
LOST, STOLEN OR DESTROYED TICKETS
KMF, its designee(s), and agent(s) 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.
NO RESALE
Tickets purchased by You are intended for personal use only. If You obtain Your Ticket(s) from any unauthorized source(s), You fully assume all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit and in all cases, such Ticket(s) shall be voidable and dishonored by KMF with or without advanced notification to You. You agree that the resale, or the attempted resale by You of any Ticket at a price greater than the face value is strictly prohibited and constitutes a violation of these terms and conditions. In such cases, including any profiting by reselling, trading, or brokering Tickets purchased through the Site, KMF shall have the right to cancel all or part of the applicable Ticket order.
NOT REDEEMABLE FOR CASH
Tickets are not redeemable for cash.
CHANGES TO LINE-UP, DATE OR VENUE
KMF, shall at any time prior to and during the Festival, have the right to change the 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.
FORCE MAJEURE EVENTS
Upon the occurrence of an Festival Cancellation due to reasons other than by as specified in the paragraph above (“Changes to Line-Up, Date or Venue), including but not limited to, events outside KMF control, acts of God, riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), or government imposed lockdowns, quarantines, or travel bans, KMF may, at its sole and absolute option choose to (a) issue You a full or partial refund or, (b) 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 forth 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 KMF 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 KMF 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.
ALL TICKET SALES ARE FINAL. THERE SHALL BE NO TICKET REFUNDS AND/OR UNAUTHORIZED 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 unauthorized 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, including those expressly set forth herein, any other risks and dangers incidental or in any way relating to your presence during the Festival, any risks that occur prior, during or after the Festival, 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 KMF, the Festival organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), and any risks that are not foreseeable.
LOST OR STOLEN PROPERTY
KMF, Festival organizers, and their respective Indemnitees (defined 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 extremely loud music and sounds,strobe, hydro, pyrotechnic, animatronic lighting and other special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks during the Festival, even if such injuries occur subsequent to the Festival.
LOUD MUSIC AND SPECIAL EFFECTS WARNING.
All areas of the Venue during the Festival may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. People who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before attending the Festival, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
INDEMNIFICATION
You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, KMF, 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.
NO ILLICIT DRUGS; NO WEAPONS
KMF and the Venue maintain a zero tolerance policy regarding the illegal or illicit drug or weapon use at the Venue or otherwise during the Festival. You knowingly and voluntarily consent to be searched by KMF or its designees or agents 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 KMF zero-tolerance policies and shall correspondingly give KMF the right to immediately revoke Your License to access the Venue and to attend the Festival and to deny You any future admission to the Festival or Venue without any legal or financial liability to You. 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.
INTEGRATION CLAUSE
You agree that the terms and conditions contained herein, and as amended from time to time by KMF, represent the entire agreement between You and the KMF 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 KMF or You and any company or person employed by or which is affiliated with either KMF, 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 Idaho 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 legal 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”, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card company relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that KMF shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
MISCELLANEOUS
By making a purchase of Ticket(s), You acknowledge and agree that You are at least 18 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 KMF.
Revision Date
This Agreement was last revised on February 3, 2022.
