Terms and ConditionsTERMS OF PURCHASE
Sustain Release 2017
PLEASE BE ADVISED that the purchase of this ticket (the “Ticket”) shall constitute the irrevocable and unconditional acceptance to be bound by any and all the terms and conditions contained herein by the purchaser and/or holder (hereinafter referred to as “You” or “Your”) of the Ticket and agrees that the Ticket is a revocable license (“License”) to access the Venue (as defined below) and attend all or part of the Sustain-Release event on September 15th through 17th, 2017 (the “Event”) tentatively held at Camp Kennybrook in Monticello, New York (hereinafter referred to as the “Venue”) hosted by Sustain Release LLC (“Promoter” or “we” or “us”) for which it was issued and may be revoked at any time by the Promoter or its designee for any reason without compensation.
You agree that the Ticket cannot be replaced if lost, stolen, or destroyed and You unconditionally accept the risk of loss and/or theft of this Ticket. You agree that the resale of the Ticket at a price greater than face value is prohibited and such Ticket shall be deemed worthless and void. Any attempt to sell said Ticket shall result in immediate removal from the Event and a permanent prohibition from any future events organized by Promoter. You agree that the Ticket is not redeemable for cash. You agree that if the Ticket was obtained from an unauthorized source, such Ticket may be lost, stolen, or counterfeit, and if so, such Ticket shall be deemed worthless and void. You agree that the Event is INTENDED FOR MATURE AUDIENCES ONLY. This event is strictly 21+. You agree that the Promoter reserves all right to cancel, postpone and/or change the Venue, the artist line up, time, and/or date of the Event for which the Ticket was issued at any time before or during the Event without prior notice or compensation to You. Such cancellation, postponement, and/or change to the Venue, artist, time, and/or date of the Event shall not entitle you to a refund or any other reduction in the Ticket price or compensation. You agree that all ticket sales are final. There shall be no ticket refunds and/or ticket exchanges.
You agree that Your admission to the Venue for which the Ticket is issued and Your use of the Ticket for the Event are contingent upon Your agreement to the policies promulgated by the Promoter, attached and incorporated herein (the “Policies”) and that Your presence at the Venue shall constitute Your acceptance of all the following terms:
(1) You must have a valid Ticket to enter the Event. Your use of the Ticket is contingent upon Your voluntary assumption of all risks and dangers incidental to your presence at the Event, whether occurring prior, during, or after the Event, including acts or omissions of others (including but not limited to artists, attendees, the Venue or its staff, the Event Promoter, and any other person or party);
(2) You agree to defend, indemnify, save and hold harmless and forever release, the Venue, the Event Promoter, the Event organizers, the Event sponsors, the Event Vendors, participants and the artists, including but not limited to their respective management, subsidiaries, affiliates, officers, directors, principals, employees and authorized agents and designees (all of whom together are herein referred to as the “Indemnitees”) from all injuries, demands, suits, and/or claims;
(3) You understand and agree that the Ticket is a revocable license, which is subject to revocation and/or denial of admission, without compensation for any reason, including Your attempted or actual violation of any applicable laws, Promoter or Venue rules, Policies, or regulations, and any applicable local, state, or federal law(s);
(4) You agree that the Event Promoter and organizers, their assigns, licensees or designees may without additional notification or credit to You, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in connection with any broadcast, re-broadcast, live stream, audio and/or visual recording, or other reproduction or publication (the “Footage”) of the Event or with respect to the sale or distribution of any literary, musical, or artistic production or other articles of merchandise or property or for any purpose, including exploitation without additional consideration to You and You waive all other rights in and to those images and likeness, including but not limited to all claims of so-called moral rights. The Footage may be registered or stored by the Event Promoter or governmental authorities for the purpose of ensuring the security and safety of Event attendees and the enforcement of and compliance with the safety regulations of the Venue. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct;
(5) You understand and agree that the Venue has a zero-tolerance policy for the sale or use of illegal or illicit drugs and that illegal or illicit drug use will not be tolerated at the Venue. Do not bring any illegal substances to the Event. Event Promoter reserves the right to refuse entry to anyone and to expel anyone. Be responsible, and make smart choices;
(6) You agree that Your use of the Ticket is contingent upon your knowing, intelligent, and voluntary consent to be searched for the presence of illegal or illicit drugs, weapons and/or other prohibited items or objects, including alcohol, beer, or any alcoholic beverages purchased off-premise and brought onto the Venue, that may disrupt the peace or jeopardize the safety of other ticketholders prior to or during Your admission to the Venue, the discovery of which, shall lead to the immediate revocation of this License and denial of Your admission to or immediate removal from the Venue and Event if any such items are found. Your refusal to submit to such a search shall also lead to the immediate revocation of this License and denial of admission to or immediate removal from the Event. Every attendee will be searched prior to entry. You agree to submit to a thorough, TSA-style search, including emptying your pockets and bags, a full pat-down, having all Your items examined, and possibly removing Your shoes;
(7) You agree that the Event Promoter, its organizers and their respective Indemnitees 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 Event regardless of fault or reason. We strongly advise You to avoid bringing any valuables into the Venue. The Lost and Found box is located in the main kitchen hall or in the Infirmary (as outlined in the map provided by Promoter) with the Medical Staff. If you find an item, please turn it into a security officer or Promoter’s staff person. Lost and Found will close one (1) hour before the end of the Event each day;
(8) You agree that the Promoter reserves the absolute right to change, modify, add, or remove any or all provisions herein, in its sole discretion, which includes having the right, but not the obligation to post updates, amendments, supplementations, modifications, and revisions respecting the terms contained herein on Promoter’s website; and Promoter shall also have the right to assign or delegate any or all of its rights, title, and interests or duties hereunder without notification or consent by You;
(9) You hereby agree and understand that you must be at least twenty-one (21) years of age as of the date you are attending the Event, with valid and approved proof of age, to attend the Event. Failure to provide such proof of age shall preclude you from entering the Event and you shall not be entitled to any refund nor will you be entitled to, or will the Parties be liable for, any other damages, including but not limited to incidental and/or consequential damages. You must show one of the following forms of approved identification. No exceptions will be made, even if You are accompanied by an adult or a person with valid identification. The following are the only acceptable forms of identification:
(a) Government issued and non-expired passport;
(b) Valid Driver’s license (USA or Canada);
(c) Military identification card;
(d) Valid Government issued identification card (USA or Canada).
The following are examples, but not an exclusive list, of unacceptable forms of identification:
(e) Expired identification card;
(f) School identification card;
(g) Birth Certificate;
(h) Social security card;
(i) Voter registration card; or
(j) Photocopies of any acceptable forms of identification.
(10) You will be denied entry to the Event or removed from the Event or Venue if You:
(a) Try to access or remain in sections restricted to certain ticketholders unless in accordance with Your entry ticket or special admission ticket, such as production rooms, artists’ lodges, kitchens, VIP areas, press rooms, offices, restricted cabins, restricted areas, including but not limited to obstacle courses, climbing walls, towers, lake areas, pool areas, backstage and working areas;
(b) Climb tents, constructions, fences, closures, towers, lighting columns, tables, benches, or any other infrastructure of the site;
(c) Obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting the Venue;
(d) Disturb the peace or compromise the safety of the general public;
(e) Smoke anywhere other than the designated smoking area(s);
(f) Urinate in public;
(g) Are clearly under the influence of alcohol, drugs, or any other illegal substances;
(h) Have been banned or removed from the Event, even if You are in possession of a new Ticket, and such new Ticket will not be refunded;
(i) Deface, mark, damage, or destroy, in whole or in part, the Venue, decorations, or permanent or temporary structures at the Venue;
(j) Litter or fail to maintain the cleanliness of the Venue;
(k) Engage in fighting or disruptive behavior;
(l) Are demonstrating intent to disturb the peace or to provoke someone else to do so;
(m) Resist the direction of and search by security personnel or the Promoter, Venue, or their staff;
(n) Refuse to declare and forfeit objects that are considered to be dangerous or off-limits by the Event’s security personnel – security personnel are under no obligation to return forfeited items;
(o) Act in violation of these provisions or one or more articles of these internal regulations or Promoter’s Policies (attached and incorporated herein); and/or
(q) Enter the lake or swimming pool(s) without lifeguard(s) present;
(11) The following is a non-exclusive list of items that are prohibited at the Event:
(a) Drinks purchased from outside the Event;
(b) Glass bottles or glass containers;
(c) Illegal drugs, paraphernalia, prescription drugs without a valid prescription with the holder’s name clearly listed, and other products that are being used or may be used for an unintended purpose;
(d) Projectiles or explosives in a sold, liquid, or gaseous form;
(e) Flammable products or materials or sprays, including spray paint;
(f) Pyrotechnics of any kind or type (e.g., sparklers, fireworks, flares, or bottle rockets);
(g) Any weapons or dangerous objects, knives, sharp objects, or bruising objects which could be used as a weapon (sticks, chains, etc.);
(h) Animals (excluding registered service animals);
(i) Professional cameras or recording equipment;
(j) Nitrous Oxide canisters or dispensers;
(k) Sky Lanterns;
(12) You shall not use the Ticket related to or in association with any giveaway, including but not limited to as a prize or incentive, without Promoter’s prior written consent. Any Ticket so used will automatically become void at Promoter’s sole discretion with no refund to You and/or holder.
(13) Any and all professional audio and/or video recording or streaming or time-delayed streaming of the Event without prior written approval by the Promoter is strictly prohibited and will be seized.
(14) You understand that the Venue grounds may be in whole or in part slippery and may contain hazardous fixtures, including but not limited to tree branches, rocks or stones, ditches, wires or cables;
(15) If you see a person who is showing any signs of distress, which may include: nausea, vomiting, headaches, confusion, blurred vision, racing heartbeat, shallow breathing, muscle tremors, inability to talk, discolored lips or has expressed to You that they are not feeling well, contact Promoter personnel or medical staff for Medical Assistance immediately. Help us keep you safe and healthy. There will be two water fill stations located at the Venue. All water is free and can be used as often as necessary to help ensure the hydration of our attendees;
(16) You consent to medical care and transportation in order to obtain treatment in the event of injury as Promoter, security, police, Venue staff or medical professionals may deem appropriate in their sole discretion. You understand that this waiver and these terms and conditions extend 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 agree to be solely liable for any costs arising under this clause. If you do not agree, you must sign the attached waiver (“Refusal of Service Waiver”), attached and incorporated herein, prior to entry. The Infirmary shall have a sign outside marking its location;
(17) You unconditionally agree that the terms and conditions contained herein represent the entire agreement between You and the issuer of the Ticket 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; 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 Promoter;
(18) You agree that all Ticket sales are final;
(19) You agree that this Event is Rain or Shine;
(20) You agree that there are absolutely no refunds or exchanges;
(21) You agree that this Event is Standing Room Only;
(22) You agree and understand that sound levels at this Event may cause damage to hearing and you shall not hold Promoter responsible for any loss of hearing or damage. Please come prepared;
(23) If you camp at the Venue, you must abide by the following terms and conditions:
(a) Camping is only authorized in the designated area (the “Campsite”).
(b) All campers require a Ticket, and each Ticket is valid per person and not per tent.
(c) Camping is subject to the same terms and conditions as the Ticket and violation of any terms thereof at the campsite will result in ejection and denial of reentry. A refund will not be provided.
(d) You cannot bring or use motorcycles, trailers, caravans, mobile homes and the like at the Campsite.
(e) You will not be allowed to park at the Campsite, and must only use the designated parking area for any vehicles.
(f) You cannot bring any grills or engage in any grilling.
(24) You agree to be bound by any and all of the terms and conditions herein contained.
(25) 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.
—————-Event Waiver—————- SUSTAIN-RELEASE FESTIVAL – GENERAL WAIVER 2017
1. I acknowledge that my attendance and/or participation in the 2017 Sustain Release Music & Arts Festival (the “Event”) involves the possibility of physical injury, disability, death, and/or damage to belongings or equipment.
2. I HEREBY VOLUNTARILY ASSUME THE RISKS OF ATTENDING AND/OR PARTICIPATING IN ANY ACTIVITY AT OR ASSOCIATED WITH THE EVENT.
3. In consideration of the all entities allowing me to use and/or participate in the Event, I hereby state the following:
1. I WAIVE, RELEASE, AND DISCHARGE the Event and/or any of its agents, Sustain Release LLC, and/or any of its agents, the Venue and/ or any agents at which the Event is held, and any other entities that help support the Event from any and all claims, losses, or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, loss, or damage of any kind, including economic losses, which may arise by reason of my participation and/or presence at the Event. To the extent possible by law, I hereby fully waive, release, and discharge all parties notwithstanding their own negligent acts or omissions or the negligent acts or omissions of others.
2. I agree that I will not bring any action or claim against any of the parties hereby released for any reason associated with the Event.
3. I INDEMNIFY AND HOLD HARMLESS the parties hereby released from any and all claims made or liabilities assessed against them as a result of my participation in training and/or usage of the Venue.
4. I ACKNOWLEDGE AND ALLOW the use of any and all photographs and video taken of me at the event to be used by Sustain Release LLC for any promotional purposes or any other uses without further consent or notification.
5. I HEREBY AFFIRM THAT I AM TWENTY-ONE (21) YEARS OF AGE OR OLDER. I HAVE READ THIS DOCUMENT AND THE TERMS OF SALE POSTED ON THE SUSTAIN-RELEASE WEBSITE AND I UNDERSTAND AND ACCEPT ITS CONTENTS. I ACKNOWLEDGE THE POSSIBLE HAZARDS OF ATTENDING AND/OR PARTICIPATING AT/IN THE EVENT AND I AM FULLY AND VOLUNTARILY WAIVING ALL LIABILITY THAT MAY ARISE BY REASON OF THIS PARTICIPATION AFTER FULL CONSIDERATION OF THE RIGHTS I AM WAIVING. THIS WAIVER IS IN CONSIDERATION OF MY BEING ALLOWED TO PARTICIPATE IN THE EVENT.