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As a consideration for being allowed entry to and to participate in the “Elements Music & Arts Festival” event (the “Event”) being provided and produced by Elements Production LLC, a New York limited liability company, and any of its affiliates (collectively, “Organizer”, “we” or “us”) on August 8-12, 2024 at the Woodlands outside of Pocono Raceway, Long Pond, Pennsylvania located at 1 Hulman Dr, Long Pond, PA 18334 (the “Venue”), the person purchasing the ticket (the “Purchaser”) and the person holding the ticket (the “Ticket Holder”) agree to comply with any and all rules, regulations, terms, and conditions of Organizer and of the Event, including but not limited to all of the terms outlined in this document. (References herein to “you” shall refer to Purchaser and Ticket Holder, as applicable, and references herein to “Ticket Holder” shall include Purchaser.)

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The terms and conditions (these “Terms and Conditions”) set forth herein apply to the Event and to this website and any other Event-related websites and web pages operated by Organizer (the “Sites”). By purchasing a ticket, attending the Event, or entering any Event facility, venue or premise (including without limitation, the Venue), Ticket Holder acknowledges having read these Terms and Conditions, understands its meaning and legal implications, and agrees to these Terms and Conditions and to be bound by them.

 

PLEASE PAY ATTENTION TO ALL DETAILS OF THE TICKET AND PACKAGE DESCRIPTIONS PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED TICKETS OR PACKAGES. 

 

In consideration of being allowed to be a willing and voluntary attendee at the Event, you hereby understand, acknowledge, and agree to the following:

 

Tickets and Terms of Sale

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YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE (WITH A VALID PHOTO IDENTIFICATION) TO PURCHASE A TICKET AND/OR ATTEND THE EVENT. 

Tickets (or any other entry credential, including without limitation wristbands, festival passes, and car camping or parking passes) (collectively, “tickets”) sold through this website or the Event’s official ticketing service provider’s website or otherwise issued by the Organizer to a Ticket Holder grant to the Ticket Holder a revocable license to attend the Event that may be revoked at any time for any reason. Resale or attempted resale of any issued ticket at a price higher than the face value is grounds for seizure or cancellation without refund or other compensation. Tickets should be kept in a safe place at all times. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the Event for which they are issued. It is unlawful to copy, duplicate or otherwise reproduce any ticket in any form. Tickets obtained from unauthorized sources may be counterfeit and worthless. Organizer is not responsible for any loss or inconvenience caused by any unauthorized duplication of a ticket. In the event duplicate copies of a ticket are presented, Management (defined below) reserves the right to refuse entry to the Event for all persons presenting such duplicated tickets. 

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The terms of sale of each ticket issued pursuant to a transaction initiated on this website or the Event’s official ticketing service provider’s website are subject to any and all terms imposed by Organizer, including without limitation Organizer’s refund and Event cancellation policies. In order to be admitted to the Event, each attendee must present the ticket in its original, undamaged, unaltered form, to the venue at the appropriate time.

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ALL SALES ARE FINAL. NO REFUNDS WILL BE GRANTED FOR ANY REASON. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH ANY PURCHASED TICKET IS RESCHEDULED OR CANCELLED, NEITHER THE PURCHASER NOR THE TICKET HOLDER SHALL BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW OR OTHERWISE DETERMINED BY ORGANIZER IN ITS SOLE DISCRETION. IF THE EVENT IS RESCHEDULED, THE TICKET HOLDER SHALL HAVE THE RIGHT TO USE THE TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME. IF THE EVENT IS CANCELLED (AND NOT RESCHEDULED), ORGANIZER WILL ESTABLISH POLICIES AND PROCEDURES FOR PURCHASED TICKETS AT THE TIME OF CANCELLATION. If Organizer elects, in its sole discretion, to refund any purchased ticket, service fees charged by the Event’s ticketing service provider, if any, are non-refundable.

Tickets bear no cash value and are not redeemable for cash. Tickets are not subject to exchange except as expressly provided above. If issued as a complimentary ticket, the ticket is not exchangeable or redeemable for another ticket to or for any other event or performance or for any other consideration, present or future, monetary or otherwise. PURCHASER AGREES TO NOT FILE A CHARGEBACK OR ANY TYPE OF PAYMENT REVERSAL FOR ANY REASON. 

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In purchasing tickets, you may be linked to a third-party site. ORGANIZER IS NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY SITES, INCLUDING PURCHASES MADE ON THOSE SITES. You should review the terms and conditions found on these third-party sites and make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. Organizer does not endorse any of the products or merchandise, nor has Organizer taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. Organizer does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any Claim (defined below) against the Released Parties (defined below) with respect to such sites and third-party content. 

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If Purchaser is obtaining tickets for, or providing any tickets to, any other person(s), the Purchaser recognizes that they are acting as that person’s agent in obtaining the tickets, and due to this agency relationship, Purchaser agrees to these Terms and Conditions on behalf of any person (including, without limitation, any Ticket Holder) to whom Purchaser delivers any of the tickets they have obtained, and the Purchaser shall notify any such person of these Terms and Conditions when they deliver a ticket to that person. If Ticket Holder has obtained a ticket from another person, Ticket Holder agrees to these Terms and Conditions when the ticket is delivered to them.

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Event Changes

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EVENT DATE AND TIME SUBJECT TO CHANGE. SCHEDULED EVENTS, PERFORMANCES, ARTIST AND TIMES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL RIGHTS RESERVED. The Event features multiple performances and artists. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular act on any particular date to be performed by any particular artist. Management makes no guarantee that any Ticket Holder will be able to attend every performance or see any particular act or artist.

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Organizer is not liable for acts of God, acts of nature, weather conditions, fires, floods, lightning, earthquakes, hurricanes, storms, windstorms, washouts, nuclear reaction, radioactive contamination, strikes, labor shortages, stoppage, disturbances or disputes, protests, war, explosion, riots or civil commotion, insurrections, terrorism, acts of public enemies or other hostilities, threats of bombs or similar interruptions, vandalism, accidents, collision, equipment or machinery breakage, epidemic, pandemic (including without limitation the COVID-19 pandemic), widespread plague or disease (including without limitation, of COVID-19 or other communicable or infectious diseases, bacteria, virus, or other pathogens), travel bans or restrictions, quarantine restrictions, considerations of the safety of, or property damage to, any Event venue, facility, or premise  (including, without limitation, the Venue), sanctions, acts, orders, rules, regulations or restraints (whether valid or invalid) of any governmental or quasi-governmental entity or agency (whether international, domestic, federal, national, state, or local) or any official acting under color of authority, or any other acts, matter or things, whether or not of a similar nature, which are beyond the control of Organizer. Unless otherwise agreed by Organizer in its sole discretion, tickets are non-refundable even if the Event is terminated early or canceled, or entry conditions are modified, due to governmental regulation, the failure to obtain required governmental permits, any conditions beyond Organizer’s control, or any force majeure event described above. Management reserves all rights not expressly granted to the Ticket Holder by these terms.

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Entry and Search

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Ticket Holder may be refused entry for various reasons. Ticket Holders must be at least eighteen (18) years of age. Valid photo identification will be required at the time of entry. Management reserves the right to refuse admission to or eject any person whose conduct is deemed by Management, at Management’s sole discretion, to be undesirable, including, without limitation, misconduct, disorderly conduct, disruptive conduct, intoxication, violent or aggressive behavior, use of vulgar or abusive language toward Event staff or other attendees, possession of prohibited items or failure to follow Management or venue or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the Ticket Holder. The exercise of Management’s ejection rights hereunder does not entitle the Ticket Holder (or Purchaser) to a refund of the ticket price or any part thereof. The ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at Management’s discretion.

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Ticket Holder and Ticket Holder’s belongings and vehicle may be searched for prohibited items and non-ticket holding individuals upon entry into the Event, and Ticket Holder consents to such searches and waives any related Claims that might arise against any Released Parties. If the Ticket Holder elects not to consent to such searches, the Ticket Holder will be denied entry into the Event.

 

Vehicles; Camping Spots

 

Each festival pass includes a camping pass which allots you one spot in the Event’s GA or Premium camping grounds. Car camping passes, which allow you to camp next to your vehicle, are sold separately. See the Camping/RVs and Parking/Travel FAQs for more information.

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ALL VEHICLES DRIVEN INTO THE EVENT MUST HAVE A CAR CAMPING OR PARKING PASS DISPLAYED IN THE WINDSHIELD. Ticket Holder understands that a car camping pass only grants the ability to drive a vehicle into the Event site and directly to the camp location as directed by Event staff and that a car camping pass does not grant any additional on-site driving privileges. UNAUTHORIZED DRIVING WITHIN THE EVENT SITE IS PROHIBITED. Management reserves the right to subject the use of car camping or parking passes to further terms and conditions, which would be published on the Site and/or at the Event.

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Ticket Holder acknowledges and agrees that camping spots are assigned on a first come first served basis. Management cannot guarantee camping spots. 

Ticket Holder understands and agrees that any swimming at the Event shall be at Ticket Holder’s own risk and agrees to obey Venue signs regarding use of swimming spaces.

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Prohibited Items

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You may bring one (1) pack of beer OR box of wine per Ticket Holder. Hard liquor is not permitted. The following items are prohibited inside any Event venue, facility or premise (including without limitation, the Venue): weapons of any kind, including without limitation, firearms, projectile weapons, and ammunition; sharp objects; fireworks or other explosive and flammable materials of any kind; drugs or any substances classified as illegal by the local municipality, the State of Pennsylvania, or the United States federal government; glass bottles or containers (including without limitation glass wine or beer bottles); video cameras or recording devices of any kind; cameras with detachable lenses; drones or unmanned aerial vehicles (UAVs); and any other item Management deems to be inappropriate for the Event or that may present a potential safety risk.

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Ticket Holder agrees to comply with all local municipality, the State of Pennsylvania or the United States federal government and/or venue or facility rules, including without limitation any rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, and other prohibited items from being brought into any Event facility, venue or premise (including without limitation, the Venue).

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Event Intellectual Property

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Ticket Holder acknowledge that “Elements Music & Arts Festival” and all logos and symbols associated therewith and with the Event are trademarks owned by Organizer and that Organizer has the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by Organizer, including any likenesses, drawings, and representations of the Event (collectively, “EL Intellectual Property”).

WITHOUT THE PRIOR WRITTEN CONSENT OF ORGANIZER, TICKET HOLDER UNDERSTANDS THAT SUCH PERSON MAY NOT USE ANY EL INTELLECTUAL PROPERTY OR EVENT IMAGERY (defined below) IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, UNLESS THE USE IS AUTHORIZED IN WRITING BY ORGANIZER.

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By entering the Event, Ticket Holder agrees to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Ticket Holder may only use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or Organizer); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise).

TICKET HOLDER UNDERSTANDS AND ACCEPTS THAT TICKET HOLDER MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM ORGANIZER, OTHER THAN PERSONAL USE AS DEFINED ABOVE. Ticket Holder understands that Ticket Holder has no right to sell, transfer, license, sublicense, or give Event Imagery to any other party, except for Personal Use, and agree to inform anyone to whom Event Imagery is given that it can only be used for Personal Use. 

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Ticket Holder acknowledges that people, including Management, will be using film, video, and photographic cameras at the Event, and that the Ticket Holder’s image, voice, likeness, and/or appearance (collectively, “Personal Likeness”) may be captured or embodied in a fixed medium of some fashion, including, but not limited to, photographs, film, video, recordings, audio tapes, digital images, digital audio, or other video or audio recordings taken or made of Ticket Holder during the Event (collectively, as the same may be modified, adapted, altered or the like, the “Materials”), that may subsequently be displayed or disseminated without Ticket Holder’s consent or payment of compensation to Ticket Holder, and the Ticket Holder releases each of the Released Parties from any liability due to such capturing, display, or dissemination. By attending the Event, Ticket Holder consents to being filmed and or photographed and consents that Ticket Holder’s Personal Likeness and the Materials may be used by the Organizer and Management and/or by other participants or attendees, without compensation to Ticket Holder, for any purpose in any media (now known or hereafter devised) throughout the world in perpetuity, including but not limited to use in photographs, videotapes, CDs, DVDs, broadcast, telecast, live streams, podcast, webcast, recordings, motion pictures, commercial advertisement, promotional materials, and/or any other record of the Event. Ticket Holder understands that all copyright rights in the images shall be owned by Organizer in perpetuity and waives any inspection or approval rights.

Ticket Holder hereby grants Organizer, Management and  their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, managers, board members, shareholders, insurers, agents, staff, employees, volunteers, contractors, and representatives an irrevocable, non-exclusive, royalty-free license to use the Materials and/or the Event Imagery taken by Ticket Holder in connection with the Event and/or any derivatives of, successors to and/or events, companies, productions and/or projects affiliated with the Event or the Organizer (collectively, “EL Projects”), in all media, whether now known or hereafter devised, throughout the universe, in perpetuity. Such rights include, without limitation, the right to use the Materials and/or the EL Works, in whole or in part, in and in connection with (a) the development, production and/or other exploitation of any EL Project, as well as all allied, ancillary, subsidiary, and derivative uses and versions of EL and/or any EL Project, and (b) advertising, marketing, promotion and publicity in connection with the Organizer, Management, the Event, the EL Projects, the Materials and/or Event Imagery, and/or any or all allied, ancillary, subsidiary and derivative uses of the foregoing, in all media, whether now known or hereafter devised, throughout the universe, in perpetuity, at no additional cost. Ticket Holder irrevocably waives any right to inspect or to approve any Materials, whether or not any of the foregoing may be created using or includes or embodies Ticket Holder’s Personal Likeness, and waive any Claim with respect to the eventual use thereof. Furthermore, Ticket Holder HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASES, FOREVER DISCHARGE AND HOLD HARMLESS the Released Parties from any and all Claims caused by, arising out of or in connection with such use including, without limitation, any and all Claims for invasion of privacy, infringement of Ticket Holder’s right of publicity, defamation (including libel and slander), and any other personal or property rights.

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Consent to Health Rules and Medical Treatment

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Ticket Holder agrees to comply with any and all health rules, regulations, terms, and conditions of the Event, whether established by Management, any Event facility, venue or premise (including, without limitation, the Venue), or government or health authorities, including, but not limited to rules with respect to masks, social distancing, health screening activities (including COVID-19 tests), and vaccination requirements. Ticket Holder will follow all instructions when entering any Event facility, venue or premise (including, without limitation, the Venue), and while attending the Event, whether posted or otherwise communicated verbally or in writing by Management staff, employees, representatives or contractors, police, or government or health authorities. If Ticket Holder refuses or fails to comply with any health rules, regulations, terms, conditions and/or instructions for the Event, Ticket Holder acknowledges and agrees that Ticket Holder may not be permitted to attend the Event and/or may be removed from the Event. 

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Ticket Holder authorizes, and consents to, Management and Management staff, employees, representatives, or contractors conducting public health safety screening activities by methods selected by Management, any Event facility, venue or premise (including, without limitation, the Venue), or government or health authorities. As a result of such public health safety screening activities, Ticket Holder acknowledges and agrees that Ticket Holder may not be permitted to attend the Event.

For the avoidance of doubt, all sales remain final in the event of Ticket Holder’s failure or unwillingness to comply with any existing or new public health safety screening activities, certifications, waivers, and conditions of participation.

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Ticket Holder consents to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. Furthermore, in the event of an accident, injury or illness during the Event whereby Ticket Holder is unable to provide actual consent, Ticket Holder hereby consents to receive medical treatment considered advisable by Management and/or on-site medical personnel at their discretion. Ticket Holder understand and agree that agents of Management are not obligated and have no duty to provide medical services at the Event. Ticket Holder releases each of the Released Parties and all persons participating in any such medical treatment from all responsibility for any such actions. 

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By attending the Event or entering any Event facility, venue or premise (including, without limitation, the Venue), Ticket Holder certifies that: (1) you are (as of the Event date) physically able to attend and participate in the Event and in any associated activity or performance, and you have not been advised otherwise by a qualified medical professional; and (2) in the 14 days prior to the Event date you have not (a) been diagnosed with, tested positive for, or treated for COVID-19, (b) knowingly been in contact with COVID-19 or any person that has been diagnosed with, tested positive for, or treated for COVID-19, or (c) been sick or exhibited any symptoms of COVID-19 which include (without limitation) fever, headache, chills, diarrhea, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, loss of taste or smell, and/or general malaise.

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BY ATTENDING THE EVENT OR ENTERING ANY EVENT FACILITY, VENUE OR PREMISE (INCLUDING, WITHOUT LIMITATION, THE VENUE), TICKET HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO OR INFECTION BY COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS, OR OTHER PATHOGEN, AND ACKNOWLEDGES AND AGREES THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH TO YOU OR YOUR FAMILY. Ticket Holder holds each of the Released Parties and all persons participating in any medical treatment harmless should Ticket Holder contract any illness, disease, bacteria, virus, pathogen or any other malady while attending the Event or as a result of attending the Event.

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Release of Liability

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TICKET HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, WHETHER SUCH RISK OR DANGER OCCURS PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT AND ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THEIR ATTENDANCE AT AND PARTICIPATION IN THE EVENT.

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TICKET HOLDER ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT THAT THE EVENT IS AN INTERACTIVE EVENT AND THAT, AS AN ATTENDEE AND PARTICIPANT THEREIN, TICKET HOLDER MAY ENGAGE IN ACTIVITIES THAT INVOLVE A SUBSTANTIAL RISK OF PERSONAL INJURY, PROPERTY LOSS AND/OR ECONOMIC LOSS. These risks may include, but are not limited to, those caused by, arising out of or in connection with: (1) the actions or inactions of Ticket Holder and others; (2) conditions of the Venue, premises or equipment used; (3) conditions of attendees, participants, performers, and artists; (4) art sculptures; (5) fire and flame effects; (6) staging; (7) raccoons, bears, insects, ticks, reptiles or other wildlife; (8) the lake or other bodies of water, swimming, water activities, water floats, boats, paddle boards or other water devices; (9) vehicular traffic; and/or (10) infection by COVID-19 or any other communicable disease or illness, or a bacteria, virus, or other pathogen. Ticket Holder further acknowledges and fully understands that there may also be other risks that are presently unknown or unforeseeable. Art installations, motorized vehicles, bicycles, tent structures, rebar, stages and performances and their equipment are not installed, owned or operated by Management, and TICKET HOLDER KNOWINGLY AND FREELY ASSUMES ALL RISK OF LOSS, INJURY OR DEATH CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH THEIR OPERATION OR USE.

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TICKET HOLDER EXPRESSLY HEREBY FOREVER RELEASES AND DISCHARGES, AND AGREES NOT TO SUE, ORGANIZER, THE EVENT’S FACILITIES, VENUES, OR PREMISES (INCLUDING, WITHOUT LIMITATION, THE VENUE (DEFINED ABOVE), THE EVENT’S PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, TICKETING SERVICES PROVIDER, ADVERTISING AGENCIES AND SPONSORS, AND/OR ALL OTHER PERSONS OR ENTITIES ASSOCIATED OR INVOLVED WITH THE EVENT (COLLECTIVELY “MANAGEMENT”) AND THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, ASSIGNEES, LICENSEES, OWNERS, OFFICERS, DIRECTORS, PARTNERS, MANAGERS, BOARD MEMBERS, SHAREHOLDERS, INSURERS, AGENTS, STAFF, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AND REPRESENTATIVES (COLLECTIVELY THE “RELEASED PARTIES”), WITH RESPECT TO ANY AND ALL CLAIMS, LIABILITIES, SUITS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) (“CLAIMS”) THAT TICKET HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING WITHOUT LIMITATION ANY CLAIMS FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS IN ANY WAY CONNECTED WITH: THE RISKS LISTED HEREIN OR ATTENDANCE AT OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION USE OF ANY EVENT FACILITY, VENUE OR PREMISE (INCLUDING, WITHOUT LIMITATION, THE VENUE), HOWSOEVER CAUSED; NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES; AND/OR ANY BREACH BY THE RELEASED PARTIES OF STATUTORY DUTY.  TICKET HOLDER UNDERSTANDS THAT YOU AGREE HEREBY TO WAIVE ALL CLAIMS YOU MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER YOU, NOR YOUR ESTATE, HEIRS, ASSIGNS, BENEFICIARIES, SPOUSE OR PARTNER, FAMILY MEMBERS, NOR ANYONE ELSE ACTING ON YOUR BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS YOU MAY SUFFER. TICKET HOLDER FURTHER WAIVES, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR ESTATE, HEIRS, ASSIGNS, BENEFICIARIES, SPOUSE OR PARTNER, FAMILY MEMBERS, OR ANYONE ELSE ACTING ON YOUR BEHALF, ALL RIGHT TO BRING A CLASS OR COLLECTIVE ACTION OF ANY KIND AGAINST ANY RELEASED PARTY FOR ANY REASON UNDER ANY STATE OR FEDERAL STATUTE OR COMMON LAW THEORY OF ANY KIND.  TICKET HOLDER FURTHER AGREES NOT TO PERMIT TICKET HOLDER’S NAME TO BE USED AS A CLASS OR COLLECTIVE ACTION REPRESENTATIVE IN A CLASS OR COLLECTIVE ACTION OF ANY KIND.  

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Ticket Holder expressly agrees to protect, defend, indemnify, and save the Released Parties harmless (“indemnify” meaning protect by reimbursement or payment, including attorney’s fees and expenses) with respect to any and all Claims brought by or on behalf of Ticket Holder, Ticket Holder’s estate, heirs, assigns, beneficiaries, spouse or partner, family members, or any other person, for any injury, damage, death, or other loss in any way connected with the risks listed herein or  attendance at or participation in the Event, including without limitation use of any Event facility, venue or premise (including, without limitation, the Venue), without limit and without regard to the cause or causes or negligence, whether passive or active, of the Released Parties, and/or any breach by the Released Parties of any legal duty.  This release and indemnity section includes, but is not limited to: third party claims, claims for personal injury or wrongful death (including claims related to emergency, medical, drug, and/or health issues, response, assessment, or treatment), loss of consortium, breach of contract, or any other claim, including claims resulting from the negligence of Released Parties, whether passive or active, related to the Event.

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Other Event Terms; Changes to these Terms

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Ticket Holder acknowledges and understands that the purchase of tickets and attendance at the Event is subject to additional terms and conditions that can be found here:

1. https://www.elementsfest.us/faq

2. By purchasing a ticket, attending the Event or entering any Event facility, venue or premise (including without limitation, the Venue), Ticket Holder acknowledges having read such additional terms and conditions and agrees to be bound by them.

Ticket Holder further understands that these Terms and Conditions may be changed by Organizer prior to the Event, and if so, the revised Terms and Conditions will apply to the Ticket Holder. Ticket Holder’s attendance at the Event or entry to any Event facility, venue or premise (including without limitation, the Venue) signifies Ticket Holder’s binding agreement to the Terms and Conditions in effect at the time of Ticket Holder’s entry to the Event.

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Consent to Electronic Communication

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Ticket Holder agrees that we may provide electronically any and all communications concerning the Event or tickets as well as any disclosures required by federal or state law. Ticket Holder’s consent applies not only to the Event and the tickets but also to any ancillary agreement related to these and to any future tickets obtained through us.

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Final Agreement

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These Terms and Conditions shall be governed by and enforced according to the laws of the State of Pennsylvania without regard to any rules relating to conflicts of laws. Ticket Holder understands that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in Pennsylvania, and Ticket Holder will submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. No agency, partnership, joint venture or other relationship is intended or created by your attendance at the Event or use of the Sites. These Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied. These Terms and Conditions (including, without limitation, any and all waivers, releases, and agreements to indemnify contained herein) are intended to be interpreted and enforced to the fullest extent allowed by law. If any provision of these Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected and will continue in full force and effect. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each section is for reference purposes and no way defines the scope or extent of such paragraph.

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TICKET HOLDER ACKNOWLEDGES THAT TICKET HOLDER HAS READ AND FULLY UNDERSTANDS THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, AND ALL OTHER POLICIES, CODES OF CONDUCT AND OTHER INFORMATION REGARDING THE EVENT AND ORGANIZER CONTAINED ON THE SITES. TICKET HOLDER UNDERSTANDS THAT TICKET HOLDER HAS GIVEN UP SUBSTANTIAL RIGHTS, AND TICKET HOLDER DOES SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.

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