New Wave Music Festival Terms and Conditions

Acceptance of Terms: By purchasing a ticket, entering, or otherwise participating in the New Wave Music Festival, the attendee expressly acknowledges and agrees to be bound by these Terms and Conditions, including any amendments or modifications made by the Festival hereafter. This agreement forms a legally binding contract between the attendee and the Festival from the moment of ticket purchase or festival entry. If the attendee does not agree to any part of these terms, they are advised not to purchase tickets or enter the festival premises. This acceptance also binds the attendee to additional terms outlined in related documents, such as ticket purchase agreements, vendor agreements, and specific event participation rules, which are incorporated herein by reference.

Limitation of Liability: The New Wave Music Festival, along with its organizers, affiliates, subsidiaries, officers, directors, employees, volunteers, agents, contractors, and any other associated entities (collectively, 'Festival Entities'), shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for personal injury, property damage, loss of profits, goodwill, use, data or other intangible losses (even if Festival Entities have been advised of the possibility of such damages), resulting from: (i) the attendee's participation in or access to the Festival; (ii) the conduct of any Festival participant, whether in contract, tort (including negligence), warranty, or any other legal or equitable grounds; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Festival services; or (v) any other matter relating to the Festival. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification: Attendees agree to indemnify, defend, and hold harmless the New Wave Music Festival, its parent companies, affiliates, partners, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising from or in any way connected with the attendee's participation in the Festival. This includes any claims caused by or resulting from the attendee's conduct, violation of these Terms and Conditions, violation of any third party's rights, including but not limited to intellectual property, privacy, or publicity rights, or any harm caused to another attendee or guest. This indemnification obligation will survive the termination of these Terms and Conditions and the attendee's participation in the Festival."

Safety and Conduct: Attendees are required to follow all safety guidelines, instructions, and policies established by the New Wave Music Festival, including any rules displayed at the event or communicated by festival staff. This includes, but is not limited to, compliance with all local laws, regulations, and festival rules regarding behavior, substance use, and public conduct. Unruly, unsafe, or disruptive behavior, including acts of violence, harassment, or illegal activities, will result in immediate ejection from the festival without refund. Additionally, attendees found violating safety protocols may be subject to further legal action. The festival reserves the right to refuse entry or remove any individual who fails to comply with these guidelines, at its sole discretion, to ensure a safe and enjoyable environment for all participants.

Cancellation Policy: The New Wave Music Festival reserves the right to cancel, postpone, or modify any event or performance due to unforeseen circumstances, including but not limited to severe weather, natural disasters, public health emergencies, acts of terrorism, or government orders. In such instances, the festival will endeavor to provide timely information to attendees regarding the status of the event. Decisions regarding ticket refunds or exchanges will be made at the festival’s sole discretion, based on factors such as the timing of the event cancellation and the feasibility of rescheduling. Specific refund policies, including eligibility criteria and processing procedures, will be clearly communicated to ticket holders. The festival is not obligated to provide refunds in situations where the event is canceled or modified due to circumstances beyond its reasonable control. Attendees are encouraged to review their insurance options for ticket and travel expense recovery in such cases.

Refund Policy: The New Wave Music Festival is not obligated to provide refunds for ticket purchases in the event of cancellations due to weather conditions, natural disasters, acts of God, pandemics, government actions, or any other circumstances beyond the festival's reasonable control. In the event of such cancellations, the festival may, at its sole discretion, offer alternatives such as rescheduling the event or providing credit for future events. Attendees are encouraged to consider ticket insurance or other protective measures. The specific parameters for any available refunds or credits, including eligibility criteria and claim procedures, will be communicated to ticket holders in a timely manner upon the occurrence of any such cancellation. This policy is intended to balance the interests of attendees with the operational realities faced by the festival in unpredictable circumstances.

Intellectual Property: All intellectual property rights associated with the New Wave Music Festival, including but not limited to trademarks, service marks, logos, brand names, festival name, graphics, designs, text, images, software, music, sound, photography, video, and any other material, are the exclusive property of the festival organizers or their licensors. Unauthorized use, reproduction, modification, distribution, transmission, or exploitation of any festival-related intellectual property, in whole or in part, without express written permission from the festival organizers, is strictly prohibited. Attendees may be subjected to legal action for any infringement of these intellectual property rights."

Media Release: By participating in the New Wave Music Festival, attendees irrevocably grant the festival organizers, and their respective licensees, successors, and assigns, the right to photograph, record, film, videotape, and depict their image, likeness, voice, and any other representations in any media, worldwide, for any purpose, including but not limited to promotional, advertising, and marketing purposes, without any compensation or attribution. This media release extends to all forms of media existing now or developed in the future. Attendees waive any right to inspect or approve the use of such media and acknowledge that the festival has no obligation to use their likeness.

Privacy Policy: Attendee personal information will be collected and used in accordance with the festival's privacy policy, which complies with applicable data protection lawsPersonal information collected from attendees at the New Wave Music Festival will be used solely for the purpose of organizing and running the festival, including but not limited to communication, ticketing, and coordination of festival activities. The festival is committed to respecting and protecting attendee privacy and will handle all personal data in compliance with applicable data protection laws and regulations. Attendees’ personal data will only be shared with third parties when necessary for the aforementioned purposes or as legally required. The festival’s detailed privacy policy, available on our website, outlines our practices regarding data collection, use, protection, and attendees’ rights concerning their personal information..

Governing Law: These Terms and Conditions, and any disputes arising from or relating to the conduct of attendees or the relationship between the parties, shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. All legal proceedings relating to the matters herein shall be adjudicated solely in the courts of Michigan. This provision applies to all aspects of these Terms and Conditions, including, but not limited to, liability, dispute resolution, and indemnification clauses."

Amendments: The New Wave Music Festival reserves the right to amend, modify, add, or remove portions of these Terms and Conditions at any time, without prior notice to attendees. Such amendments will be effective immediately upon posting on the festival’s official website or direct communication to attendees. It is the attendee's responsibility to review these Terms and Conditions periodically for updates or changes. Your continued participation in the festival following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Age Restrictions: The New Wave Music Festival implements age restrictions for certain events or areas, in compliance with legal requirements and to ensure appropriate content for all attendees. These age restrictions will be clearly communicated through festival signage, promotional materials, and the official festival website. Attendees are required to provide valid government-issued identification upon request for age verification. Failure to comply with age restrictions or to provide necessary identification may result in denial of access to restricted areas or events. The festival reserves the right to enforce these restrictions for the safety and enjoyment of all attendees.

Prohibited Items and Activities: Attendees of the New Wave Music Festival are strictly prohibited from bringing the following items onto festival grounds: weapons of any kind, illegal substances, unauthorized recording devices, large umbrellas, laser pointers, drones, and items that may disrupt the safety or enjoyment of others. Engaging in illegal activities, harassment, discrimination, or any behavior that violates festival policies is grounds for immediate removal from the festival without refund. The festival reserves the right to conduct security searches and confiscate any prohibited items.

Ticket Transfer and Resale Policy: Tickets purchased for the New Wave Music Festival are non-transferable and non-refundable. Any unauthorized resale, attempted resale, or duplication of tickets is strictly prohibited and will result in the immediate cancellation and seizure of the tickets without compensation. Ticket holders engaging in prohibited resale may also be subject to legal action and banned from future events. The festival reserves the right to validate the authenticity of tickets and deny entry to holders of counterfeit or fraudulently obtained tickets.

Force Majeure: The New Wave Music Festival shall not be held liable for any delay or failure in performance of its obligations under these Terms and Conditions to the extent such delay or failure is caused by events beyond its reasonable control, known as Force Majeure events. These events include, but are not limited to, natural disasters (such as floods, earthquakes, hurricanes), war, terrorism, government regulations, pandemics, strikes, civil disorder, or any other emergency making it inadvisable, illegal, or impossible to perform the festival's obligations. In the occurrence of such events, the festival will make reasonable efforts to comply with its obligations but reserves the right to modify, postpone, or cancel the event without liability.

Dispute Resolution: Any disputes, controversies, or claims arising out of or relating to these Terms and Conditions, or the breach thereof, shall be resolved exclusively through final and binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). Such arbitration shall take place by a single arbitrator mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Public Health and Safety Compliance: The New Wave Music Festival is committed to adhering to all applicable public health and safety regulations to ensure the well-being of all attendees, staff, and performers. This includes compliance with local, state, and federal health guidelines, such as those pertaining to infectious diseases, food safety, and crowd control. Attendees are required to follow all health and safety instructions provided by festival staff and signage. Failure to comply with these regulations may result in ejection from the festival without refund. The festival reserves the right to implement additional health and safety measures as deemed necessary.

Data Usage and Storage: The New Wave Music Festival collects and uses attendee data solely for the purposes of facilitating event organization, communication, and enhancing attendee experience. We adhere to stringent data protection practices in compliance with applicable data protection laws. All personal data is securely stored and protected against unauthorized access. Our comprehensive data policy, available on the festival's website, details the types of data collected, purposes of collection, data retention periods, security measures in place, and attendees' rights concerning their personal data, including access, correction, and deletion.

Accessibility Information: The New Wave Music Festival is dedicated to ensuring an accessible and inclusive experience for all attendees, including those with disabilities. We provide a range of accessibility services and accommodations, such as wheelchair-accessible venues, sign language interpreters, and designated rest areas. Detailed information on these services, including how to request accommodations, will be available on the festival’s website and at dedicated information booths at the festival. Our commitment extends to ongoing evaluation and improvement of accessibility features based on attendee feedback and evolving standards.

Digital Consent and Communications Clause: Attendees acknowledge and agree that by purchasing tickets online and providing their email addresses, they consent to receive digital communications from the New Wave Music Festival. This includes notifications, updates, and promotional materials related to the festival. Attendees confirm that all digital transactions, including ticket purchases, are subject to the festival’s terms and online policies. They also acknowledge that digital consent and communication are legally binding, equivalent to written signatures. The festival commits to protecting attendees’ digital privacy and adhering to applicable data protection laws in all electronic communications.

Environmental Policies Clause: The New Wave Music Festival is committed to environmental stewardship and sustainable practices. Attendees are required to adhere to our environmental policies, which include proper disposal and recycling of waste, minimizing the use of single-use plastics, and respecting designated green spaces. We encourage eco-friendly transportation options and provide resources for sustainable practices at the festival. Violation of these environmental policies may result in ejection from the festival. We actively work with partners and vendors to ensure that our operations minimize environmental impact and contribute to sustainability goals.

Compliance with Specific State Laws Clause: The New Wave Music Festival will conduct its activities in full compliance with the laws of the State of Michigan. This includes adherence to state-specific regulations regarding event licensing, public safety, alcohol and substance use, noise levels, consumer protection, and environmental standards. Attendees are informed that their participation in the festival is subject to these state laws and regulations. Any activities found in violation of state law may result in legal action or immediate removal from the festival premises.

Fashion Show Registration Terms Clause: These terms specifically govern participation in the Fashion Show segment of the New Wave Music Festival. Registration for the Fashion Show requires payment of a non-refundable fee, which covers entry and related administrative costs. Participants must comply with all guidelines related to attire, conduct, and presentation. The festival reserves the right to cancel or modify the Fashion Show, and in such cases, alternative arrangements or compensation will be at the festival's discretion. Detailed policies regarding participant conduct, intellectual property rights for designs, and photography or recording restrictions at the Fashion Show will be communicated to registrants.