These terms and conditions apply between "the Festival" and those persons registering for and participating in the Festival's events ("Customer").
1. REGISTRATION; ACCEPTANCE OF CUSTOMER:
a. Registration is on a first-come, first served basis. Early registration helps to ensure availability. Walk-in registrations will be accepted on a space-available basis. The Festival reserves the right to substitute speakers, presenters, facilities, venue and/or any program to be offered at the Event at any time. By registering for this Event, Customer represents, warrants and ensures that he/she is physically and mentally able to participate in the program for which he/she is registering and/or any others in which Customer may participate. If you have any questions concerning the Event, please contact the Festival directly.
b. By registering for this Event, Customer agrees to fully and completely comply with all terms and conditions hereof and the Festival's and venues' rules and regulations. Festival reserves the right to refuse attendance to any individual at any of its Events. All packages, bags, and other containers brought to the Event are subject to search, and may be required to be stored during the Event. Failure to comply with the Festival's rules and regulations is grounds for immediate dismissal from the Event. Persons dismissed from the Event shall not be entitled to a refund or cancel any unpaid balance due. Customer's failure or inability to use all of the facilities, classes or services offered at the Event for any reason, except as otherwise provided herein does not relieve or suspend the Customer's obligation to make all payments required hereunder on a timely basis, nor entitle the Customer to a refund or credit. Customer understands and agrees that payment for the Event is not a guarantee or promise of satisfaction.
2. BILLING AND PAYMENT: Billing and payment processing for the Festival's events is performed by WePay. Please read their terms of service here: https://go.wepay.com/terms-of-service#us.
3. NO REFUNDS
4. RELEASE; INDEMNIFICATION: Customer understands and agrees that his/her participation in and attendance at the Event is knowing and voluntary. Customer understands and agrees that strict observation of the Event rules and regulations is required and that use of the Event facilities and the Customer's presence at the Event are at the sole risk of the Customer. Customer indemnifies and holds harmless the Festival and MSI, and their officers, directors, employees and agents from and against any claims, demands, actions, liabilities, damages, costs or expenses, including court costs and reasonable attorneys' fees arising out of or relating to: (i) Customer's participation in the Event; (ii) claims against the Festival and/or MSI by any third parties arising from or related to Business' or MSI's actions and/or omissions, (iii) claims relating to any violation or alleged violation by the Festival and/or MSI and/or any third party of the applicable laws relating to the conduct of the Event; and/or (iv) claims arising from or relating to Festival's and/or MSI's performance of its obligations hereunder. Customer specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his/her registration and/or participation in the Event. Customer's indemnification obligations shall survive the expiration or termination of this agreement.
5. COPYRIGHT; USE OF IMAGES: This Event is copyrighted by the Festival. Customer, for him/herself and his/her/its heirs, executors and administrators, hereby irrevocably consents to the unrestricted use by festival of Customer's name, likeness, statements, photograph or motion picture, for advertising, sale, marketing, promotion or any other purposes of trade and Customer waives the right to inspect or approve such completed images used in connection therewith. Customer grants to Festival the exclusive right to exploit and license or assign for exploitation all such matter or any approved derivatives thereof in any manner in any medium or field of use, in the form delivered.
6. UNAVAILABILITY; FORCE MAJEURE: Festival will use commercially reasonable efforts to hold the Event. However, under no circumstances will festival be held responsible for unavailability caused by circumstances beyond the Festival's reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems nor can any reservation be cancelled, altered or amended once the Event has commenced on the basis of circumstances beyond the Festival's reasonable control.
7. COMPLIANCE WITH LAWS: This Agreement shall be governed by the laws of the State in which the Festival is located. All rights and obligations of the Festival and Customer under this Agreement are subject to all applicable federal, state and local laws and regulations. These terms and conditions shall be deemed revised to conform to applicable statutes, rules and regulations. Festival and/or MSI may modify the terms and conditions stated herein at any time in their sole and absolute discretion. Customer shall be bound by the modified Agreement and agree that no other modifications shall be enforceable. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach.
8. COVID-19: By purchasing tickets, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present. By attending this event, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold the Abilene Cultural Affairs Council, the Abilene Chamber of Commerce or any of their affiliates, directors, officers, employees, agents, contractors or volunteers liable for any illness or injury.
