Terms and Conditions
Agreement between User and Sol Fest Music and Arts Festival DBA
Welcome to www.solfestfl.com. The www.solfestfl.com website (the “Site”) is comprised of various web pages operated by Sol Fest Music and Arts Festival (“Sol Fest”). www.solfestfl.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.solfestfl.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.solfestfl.com is an E-Commerce Site.
The purchaser and/or use of a wristband to gain access to Sol Fest (the “Event”) shall constitute unconditional acceptance to all Terms and is legally bound to comply with these Terms without modification of the terms, conditions, and notices contained herein. By entering the event premises, you are subject to these Terms. Wristbands are non-transferable.
Indemnification
You agree to indemnify, defend and hold harmless Sol Fest, its officers, directors, employees, agents and third parties, for any losses, costs, lawsuits, liabilities, expenses (including reasonable attorney’s fees) and actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone else, including attorney’s fees and any related costs.
You HEREBY, for yourself, heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “You”), knowingly and hereby waive any and all rights, claims or causes of action of any kind arising out of your attendance of the Event; and
You HEREBY release and forever discharge SOL INVESTMENTS OF FLORIDA LLC, SOL FEST MUSIC AND ARTS FESTIVAL DBA, and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that you may suffer as a direct result of your participation in the aforementioned Activity.
YOU ARE VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND YOU ARE PARTICIPATING IN THE ACTIVITY ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, DROWNING, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sol Fest agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
COVID-19 WARNING
COVID-19: WARNING & ASSUMPTION OF RISK. There is an inherent and elevated risk of exposure to COVID-19 in any public place or place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By attending Sol Fest, you voluntarily assume all risks related to exposure to COVID-19 and its variants.
Medical Care
YOU FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that you should require medical care or treatment, you authorize Sol Fest Music and Arts Festival DBA or any medical team hire for the Event to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. You further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
Health Condition
YOU FURTHER ACKNOWLEDGE that this Event may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. You agree not to attend in the Event unless you are medically able and properly trained, and you agree to abide by the decision of the Sol Fest Music and Arts Festival DBA official or agent, regarding your approval to participate in the Activity.
Damages
In the event that any damage to equipment or facilities occurs as a result of you or your agent’s willful actions, neglect or recklessness, you acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
Prohibited Items/Belongings
YOU FURTHER ACKNOWLEDGE that your belongings may be searched upon entry or at any time during the event and consent to such searches. If you do not consent to a search, you may be denied entry into the Event and/or removed from the premises without a right to refund. There will be no return and replacement of confiscated items. No theft or soliciting of any kind is allowed. This action may result in immediate removal from the premises. Possession of prohibited items, as listed on the website, reserve the right to confiscate the prohibited items, deny entry into the event, and may result in immediate removal from the premises.
Prohibited Items
Fireworks or explosives
Glass of any kind
Weapons of any kind or items that can be used as a weapon (Knives)
Flammable Products (Aerosols)
Illegal Substances
Drug Paraphernalia
Drones
Open Flame including charcoal grills and campfires
Propane Tanks larger than 1 LB
Pets (See ADA Guide for Service Animals)
Paint, ATVs or Golf Carts
Laser Pointers
Totems that are offensive, vulgar, or taller than seven (7) ft
Unofficial Sound Camps
Excessive Noise
Generators unless in designated RV areas
Any other item deemed necessary to maintain the safety of patrons.
Additional Prohibited items in the Venue
Cooler
Food or Drink in the Venue (Water available in the venue)
Chairs, Canopies, Couches (Inflatables included)
Large Backpacks or Luggage
One-Wheels or Bikes
Proof of Age
To enter the Event, You must be at least eighteen (18 ) years of age or older, ID required. To drink alcohol, You must be atleast twenty-one (21) years of age or older, ID required.
You must have one of the following forms of identification: (no photocopies or expired forms of identification)
Valid U.S. Drivers Licenses or other state photo identification cards issued by a State Department of Motor Vehicles (must have photo and date of birth)
Valid passport or U.S. passport card (must have photo and date of birth)
U.S. Military ID (active duty or retired military)
Valid foreign government-issued identification card or drivers license (must have photo and date of birth) along with a photocopy of a valid passport from the same country as the identification card or drivers license provided
Media
By entering the event premises, you consent to audio recording, interviews, photography, video recording and its/their release, publication, exhibition, or reproduction to be used for any purpose including promotional purposes, advertising, inclusion on websites, social media. Images, photos and/or videos may be used to highlight or promote the event and/or similar events in the future, release Sol Fest, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo or recording.
Cancellation/Refund Policy All tickets are final sale and cannot be exchanged or refunded. In the case of an event cancellation without a rescheduled date, a full refund will be automatically issued to each patron on the credit card used to purchase. By purchasing a ticket to this event, you agree to this purchase policy. Before purchasing your tickets, we urge you to confirm the title, time and location of the event.
Privacy
Your use of www.solfestfl.com is subject to Sol Fest’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.solfestfl.com or sending emails to Sol Fest constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
www.solfestfl.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Sol Fest and Sol Fest is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sol Fest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sol Fest of the site or any association with its operators.
Certain services made available via www.solfestfl.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.solfestfl.com domain, you hereby acknowledge and consent that Sol Fest may share such information and data with any third party with whom Sol Fest has a contractual relationship to provide the requested product, service or functionality on behalf of www.solfestfl.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.solfestfl.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sol Fest that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sol Fest or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sol Fest content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sol Fest and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sol Fest or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Sol Fest from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sol Fest Content accessed through www.solfestfl.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOL FEST MUSIC AND ARTS FESTIVAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SOL FEST MUSIC AND ARTS FESTIVAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOL FEST MUSIC AND ARTS FESTIVAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOL FEST MUSIC AND ARTS FESTIVAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOL FEST MUSIC AND ARTS FESTIVAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Sol Fest reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sol Fest as a result of this agreement or use of the Site. Sol Fest’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sol Fest’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sol Fest with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sol Fest with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sol Fest with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Sol Fest reserves the right, in its sole discretion, to change the Terms under which www.solfestfl.com is offered. The most current version of the Terms will supersede all previous versions. Sol Fest encourages you to periodically review the Terms to stay informed of our updates.