FRACTAL PEAK MUSIC + ART PROJECT 2018 PURCHASE POLICY (EFFECTIVE AS OF APRIL 5, 2018)
TRANSACTION INFORMATION; REVOCABLE LICENSE; REFUSAL OF ADMISSION
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO PURCHASE A TICKET TO OR ATTEND FRACTAL, AND MUST HAVE A VALID GOVERNMENT-ISSUED PHOTO IDENTIFICATION AS PROOF. ALL SALES ARE FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. Orders placed for sole purpose of resale are subject to cancellation. Orders will be reviewed for adherence to this policy. The resale or attempted resale of any good, product, or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product, or service being voided without refund or any other compensation. A ticket to FRACTAL or any other related perk may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without providing written notice to Fractal. A ticket to FRACTAL is a revocable license. We reserve the right, without refund of any portion of the price paid or any other compensation to you, to refuse admission or to eject any person from FRACTAL, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable third party, or applicable local, state, or federal law or ordinance, in whole or in part, or whose conduct is deemed by us in our sole discretion or the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable third party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”).
SEARCH, EJECTION AND TERMINATION
You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at, FRACTAL. You hereby consent to such searches and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to FRACTAL, or removed from FRACTAL, without refund or any other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras, professional recording devices, laser pointers, strobe lights, irritants, various forms of containers, and any other item noted as prohibited on the FRACTAL FAQs, other information released by us, or other information released by third parties regarding the Event and Event’s venue. Breach of this Policy or any applicable third party’s terms, conditions, rules or policies will terminate your license to attend FRACTAL without refund or other compensation.
FRACTAL is a RAIN OR SHINE event. However, weather or any other factor may make the Event impossible or unsafe to produce or complete as scheduled, in whole or in part. If FRACTAL is canceled, postponed, or rescheduled, in whole or in part, we will issue instructions shortly thereafter. A ticket to FRACTAL is not for a specific artist or aspect of the Event. Artists, schedules, production elements, vendors, art exhibits, amenities, and all other aspects of the Event are subject to change for any reason without notice and without grounds for refund.
By attending FRACTAL, you hereby irrevocably grant to the Company and its members, managers, owners, and affiliates (collectively, the “Promoters”) and each of their respective members, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on, or in connection with future FRACTAL events or other events produced by any of the Promoters and hereby release each of the Promoters and each of their respective designees, successors, assigns and licensees from any liability with respect thereto.
REPRESENTATIONS AND WARRANTIES
Without limiting anything set forth in this Policy, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances, or regulations at or in connection with the Event or activities corresponding to your transactions with us or via the Website; (b) you are of sufficient legal age and authority to enter into any transaction with us or via the Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used to enter into any transaction with us or via the Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by us or any applicable third party; (e) you have obtained any and all passports, visas, health information, or other permission necessary in connection with your transaction with us or via the Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company.
ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH FRACTAL ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EACH OF THE PROMOTERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. You acknowledge and agree that by purchasing a ticket to FRACTAL or attending FRACTAL or using any corresponding amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, participants, volunteers, performers, guests, agents, employees, independent contractors, or spectators at FRACTAL; (b) conditions of any premises or equipment used; (c) temperature or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; and (g) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING
Attendees of FRACTAL may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and individuals who suffer from certain health conditions, including but not limited to seizures, light sensitivity, or any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the FRACTAL premises, as such special effects may cause or induce seizures, diminished hearing, hearing loss, death, serious injury, and other serious health conditions.
RELEASE AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN WHOLE OR IN PART, NONE OF THE PROMOTERS NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN OR FACILITIES OR PRODUCTS, GOODS OR SERVICES OFFERED AT OR IN CONNECTION WITH FRACTAL, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO COMPANY FOR ANY CORRESPONDING PRODUCTS, GOODS, OR SERVICES.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF COMPANY. THE PROMOTERS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE PROMOTERS HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of or in connection with (a) your transaction with Company or any of the Promoters or use of the Website; (b) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; or (c) your attendance at or in connection with FRACTAL, including, without limitation, any Removal Behavior or other actions or omissions by you.
GOVERNING LAW AND VENUE
This Policy shall be governed by and construed in accordance with FLORIDA state laws. Any dispute under this Policy shall be subject to the exclusive jurisdiction of the state and federal courts of Florida located in Martin County or at the closest location thereto, and, by making any transaction, including, without limitation, the purchase of any ticket or attendance to FRACTAL, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate, transfer your rights, if any, or obligations under this Policy. Company and the Promoters may assign their rights and duties under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and Company relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by Company. Any waiver of any provision of these terms must be in writing signed by Company to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.
In the event any term, condition, or provision of this Agreement is deemed or held to be invalid or unenforceable for any reason, those remaining terms, conditions and provisions shall remain valid and enforceable. Should a court of law determine that any term, condition or provision of this Agreement is invalid or unenforceable, but that by limiting such term, condition or provision it would become valid and enforceable, then such term, condition or provision shall be deemed to be written, construed and enforced as so limited.