Terms & Conditions
In order for You to enter Festival events, You must possess a valid wristband that permits access to that event. Your festival wristband will be available at will call. Pick up your Weekender pass as the Sunset Preview Concert or Welcome Party, Friday, August 25, 2017. All wristbands will be available at will call for Music on the Hill at The Lively Gardens, August 26, 2017.
ARTICLE 1: YOUR WRISTBAND
1. PLEASE BE ADVISED that the purchase and/or use of a Ticket to, and/or entry into, LivelyLands Festival Events shall constitute Your unconditional acceptance to be bound by any and all of the terms and conditions of this agreement (this “Agreement”) between You, and LivelyLands Production to attend all or any of the festival events.
2. For safety reasons, LivelyLands Productions reserves the right to, without any prior notice or compensation to You: postpone, cancel, interrupt or stop the Event; provisionally keep visitors on the Event site at the end of the Event; totally or partially vacate the Event site; and deny access to the Event site regardless of the possession of a valid entry ticket.
3. Subject to the limitations of this Agreement, LivelyLands Production reserves the right to change, modify, or alter any aspect of the Event (including, without limitation, the appearance of any performer or artist, and/or the order of performance of any performer or artist), at any time, for any reason whatsoever, without any prior notice or compensation to You. You understand that the artists and/or lineup for the Event may be changed and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your Wristband.
4. You understand acknowledge and agree that the names of any artist, act or performer contained in any festival Event promotional material is intended for informational purposes only, and does not, in any way, represent the importance or headline status of any single artist, act or performer, and is subject to change without prior notice.
5. EXCEPT AS EXPLICITLY OTHERWISE PROVIDED HEREIN, YOU UNCONDITIONALLY UNDERSTAND THAT ALL TICKET SALES ARE FINAL, THERE WILL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. THE EVENT IS A RAIN OR SHINE EVENT.
6. If any festival Event is canceled in whole, or in part, due to a Force Majeure Event (as defined below), You will not be entitled to a refund. Notwithstanding the foregoing, LivelyLands Production may issue, at the Company’s sole and absolute discretion, a partial or full refund of Your Ticket, by accounting for, among other considerations, the extent and nature of the cancellation. A “Force Majeure Event” shall mean an act of God, act of terrorism, flood, tsunami, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of festival Event attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of LivelyLands Production. You understand that in all instances, the maximum remedy You may receive for any cancellation of any part of the Event, if any, will be the face value of Your Ticket, excluding all fees and/or service charges paid by You in connection with the purchase of Your Ticket.
7. By entering any festival Event, You assume any and all risk and/or danger, known and unknown, foreseeable and unforeseeable, resulting from, or incidental to, the festival Event, whether occurring prior to, during, or subsequent to, the Event, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. You understand that Your use of Your Wristband is contingent upon Your voluntary assumption of the risk and danger that may result from, or be incidental to, Your presence at any festival Event, whether occurring prior to, during or after the Event, including, but not limited to, any actions or omissions of the Company Parties (as defined herein).
8. You acknowledge and understand that the Wristband is a revocable license to attend the festival Event for which it was issued, which is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by You in violation of any local, state or federal law, or that may endanger other ticketholders.
ARTICLE 2: TICKET AND PROOF OF IDENTITY REQUIRED
- In order to enter into any festival Event, You must have Your own valid wristband attached to your wrist. One wristband is required per attendee and will only be valid on the day or days of the Event and areas of the festival Event as indicated on the Wristband.
- Your Wristband is not redeemable for cash. There will be no replacements for Wristbands that are lost, stolen, destroyed or damaged and You unconditionally accept the risk of damage to, loss of and/or theft of Your Wristband.
- To ensure that Your Ticket is valid, purchase Your Tickets from thelivelylands.com/tickets. Tickets from unauthorized sales channels (e.g., scalpers) may be forged. In no event will forged tickets be honored or eligible for a refund.
- You must show Your Wristband for validation upon entry into the festival Event.
- You must have a valid ID in order to pick up your wristband from Will Call.
The following original forms of identification are ACCEPTABLE:
- Government-Issued Passport
- Driver’s License (U.S. or Canada)
- Military Identification Card
- Government-Issued Identification Card (U.S. or Canada)
- The following forms of identification are UNACCEPTABLE:
- Expired Identification Card
- School Identification Card
- License/ID card issued in countries other than the U.S. or Canada
- Birth Certificate
- Social Security Card
- Federal Immigration Card
- Voter Registration Card
- Copies of any acceptable forms of identification
ARTICLE 3: SECURITY CHECK
- Access to the Event site is PROHIBITED and refused to, but not limited to, people who:
- Are under the influence of illegal drugs or any other illegal substances.
- Are clearly suffering from alcohol intoxication which, in LivelyLands Production staff’s sole discretion, has caused You to be in an impaired state.
- Have been previously banned from festivals and/or other events by the organizer, the administration or legal authorities.
- Are demonstrating an intent to disturb the peace or to provoke someone else to do so.
- Engage in fighting or disruptive behavior.
- Resist the direction of and search by the festival's security guards and security services.
- Refuse to declare and forfeits objects that are prohibited, as set forth herein.
- Distribute flyers or posters on or near the Event site. If You would like to promote one of Your events, then please visit the official Company website for more information.
- Act in violation of the provisions of one or more articles of these regulations or in the spirit thereof.
ARTICLE 4: PERMITTED AND FORBIDDEN ITEMS
- Empty camelbacks/bota bags
- Selfie sticks
- Cell phones + chargers
- Small personal electronics
- Blankets & towels
- Lanterns/flashlights (no gas lanterns)
- Bug spray
- Small umbrellas
- Snacks & Picnic Lunches
- Glow Sticks
Festival + Campground Prohibited Items:
- NO Illegal substances
- NO Drugs or drug paraphernalia
- NO Glass of any kind
- NO Weapons of any kind
- NO Paint of any kind including paint markers and spray paint
- NO Fireworks
- NO Laser pointers
- NO Large umbrellas
- NO Vending without permit allowed
- NO Bicycles, scooters, go carts, or ATV on festival grounds
- NO Pets
- NO Charcoal grills
- NO Chinese lanterns
- NO Open fires
- NO Kegs
- NO Drones or flying electronics
- NO Professional Cameras - *If you would like permission to photograph email email@example.com
- Any other items deemed as posing a threat to the safe enjoyment of the patrons
Please respect Your body and mind. All persons and property are subject to search at any time. LivelyLands Production has a zero tolerance for illegal activities and has the right to refuse anyone at the door for any reason our Festival staff deem reasonable. The use of illegal drugs and underage drinking is not permitted. Anyone found with illegal drugs will be subject to removal from the festival Event and will not be allowed back in. Photo ID Required. No Valid ID = NO Entrance.
Service animals if You are a person with disabilities, or service animals in-training if You are wearing appropriate apparel and You have on Your person credentials from an accredited school for which the dog is being raised. Please e-mail Your questions regarding service animals to LivelyLand Production at firstname.lastname@example.org or visit the official LivelyLands website for details at www.thelivelylands.com/.
ARTICLE 5: CONDUCT AT THE EVENT
At the Event, it is forbidden to:
- Try to access or be in sections restricted to certain wristbands unless in accordance with Your Wristband or credentials, such as production rooms, artists’ lodges, VIP zones, press rooms, offices, backstage and working areas.
- Climb tents, constructions, fences, closures, lighting columns, tables, benches or any other infrastructure of the Event site.
- Obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting the festival Event site.
- Wear a disguise or obstruct Your face to avoid being recognized.
- Display or make texts, symbols, images, gestures, wear clothing or articles of dress which, in the sole discretion of festival Event staff or security personnel, contain and/or display language and/or images which are obscene, racist, xenophobic, provocative, or discriminatory.
- Be under the influence of illegal drugs or any other illegal substances.
- Be clearly suffering from alcohol intoxication that, in the festival Events staff’s sole discretion, has caused You to be in an impaired state.
- Disturb the peace, demonstrate an intent to disturb the peace or provoke someone else to do so, or compromise the safety of the general public.
- Sell drinks, food or any other product without the express consent of the LivelyLands Production.
- Throw or shoot any object or liquid, or throw or shoot any other product in loose or gaseous form.
- Smoke in the non-smoking areas.
- Urinate in public.
- Re-enter the festival Event after being removed or banned from the festival Event, even if You are in possession of a new Wristband (such Wristband will not be refunded).
- Deface, mark, damage, tear down or otherwise destroy, in whole or in part, any of the decorations or part of the festival Event site.
- Litter or fail to maintain the cleanliness of the festival Event site.
- Resist the direction of, and search by, security personnel.
- Refuse to declare and forfeit objects that are considered to be dangerous or off-limits by the Event’s security personnel – security personnel are under no obligation to return such forfeited items.
- Act in violation of the provisions of one more articles of these regulations or the spirit thereof
You must heed the directions of festival Event organizers and security personnel at all times whilst on the festival Event site. If You fail to comply with such directions, You will be removed from the Event site, and, if necessary, Event staff may call the police for assistance.
ARTICLE 6: RE-ENTRY
- You may only exit and re-enter the festival Event if You have a valid festival Event Wristband.
- If You are removed from the festival Event, Your ticket shall not be refunded and You will be denied re-entry, even if You are in possession of a new Ticket. If You have a new Ticket, Event staff may seize that Ticket and You shall not receive a refund.
ARTICLE 7: UNAUTHORIZED SALE OR USE OF TICKET
- Anyone caught forging entry Wristbands or any other special admission tickets in order to access or sell such tickets to the festival Event will be prosecuted without exception. Counterfeit Wristbands will not be honored or refunded by LivelyLands Production and Your purchase of such Wristband(s) is not binding on LivelyLands Production whatsoever.
- Anyone caught tampering with or sharing their festival Wristbands will be immediately ejected and banned from the festival Event.
- Wristbands may not be resold without prior explicit permission from LivelyLands Production. Wristbands which appear to have been resold without permission from LivelyLands Production will not be honored or subject to a refund.
- The resale, attempted resale, or purchase of Your Wristband at a price higher than the official purchase price from the authorized LivelyLands website www.thelivelylands.com/tickets, is grounds for seizure and cancellation of Your Wristband without compensation. The only valid Wristbands are those purchased and/or redeemed through official LivelyLands website www.thelivelylands.com/tickets.
- Wristbands may not be used in association with any giveaway, sweepstakes, contest or similar activities, including, but not limited to, as a prize or incentive, without LivelyLands' prior written consent. Any Wristband so used will automatically become void at LivelyLands sole discretion with no refund to You and/or the wristband holder.
ARTICLE 8: RECORDINGS
- By attending LivelyLands, You understand, agree and acknowledge that (i) You may be photographed and filmed, and (ii) You hereby provide LivelyLands Production with Your absolute, express consent to be photographed and filmed. You further understand and agree that these images and/or recordings can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for archival, promotional, and/or commercial purposes, in any manner, and in any media, now known or hereafter discovered, without any compensation to You. Your name, image and/or Your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio and/or visual recording, audio-visual recording, photograph, or other reproduction or other publication of the festival Event (the “Footage”) and may also be used by or on behalf of LivelyLands Production or any of LivelyLands Production parent entities, subsidiaries, affiliates, partners, sponsors, officers, shareholders, successors or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.
- Any recordings made by Wristband holders on or near the festival Event site may not be used for commercial or public purposes, unless consented to by LivelyLands Production (including, without limitation, having ads run on or beside such videos on YouTube and other video sharing websites). Non-professional grade small video cameras and cameras are allowed at the Event site.
ARTICLE 9: PARKING
- LIvelyLands Production disclaims all responsibility from losses or damages to vehicles parked on or near the festival Event.
- LivelyLands Production is not responsible for losses or damage to any vehicle towed from the Event site.
ARTICLE 10: REFUSE
- You must maintain the cleanliness of the festival Event site and dispose of refuse properly. The collecting points for garbage, recycling, and compost on the festival Event site will be clearly indicated.
- The bathroom facilities at the festival Event are free of charge. It is forbidden to use any other location as a bathroom facility.
ARTICLE 11: ZERO TOLERANCE DRUGS POLICY
- The Company has a zero tolerance policy regarding illegal drugs. It is forbidden on the Event site to: (i) use, distribute, sell and/or to be in possession of illegal drugs; and (ii) distribute, sell or improperly use prescription or over-the-counter drugs. You understand and agree that Your use of the Wristbad is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons, objects that may disrupt the peace or jeopardize the safety of other wristband holders, and/or other prohibited items prior to Your admission to the festival Event site, and/or at any time thereafter. If any of these items are found, this License for admission shall be immediately revoked, such items will be seized by security personnel and forfeited by You, or You will be immediately removed from the festival Event. Notwithstanding the foregoing, You are permitted to bring into the festival Event prescription drugs if You have a valid prescription with Your name clearly listed on the prescription. You should only carry the dosage of medication required for the duration of the festival Event.
- If You are in violation of this rule, You will be immediately ejected from the festival Event site. The festival Event staff will closely monitor any potential illegal or prohibited drug activity, relying in part on security cameras placed throughout the festival Event site.
- LivelyLands Production may choose to, but shall not be required to, offer amnesty bins at the festival Event.
- By entering the festival Event site, You consent to be searched by festival Event staff. If You refuse to submit to a search by festival Event staff, You will be denied entry to, or ejected from, the Event site.
ARTICLE 12: ADA ACCOMMODATIONS
- If You would like additional information about available ADA accommodations, please e-mail LivelyLands Production at email@example.com. We can work with you up until the event and during the event to accommodate your ADA needs.
ARTICLE 13: EVENT SAFETY
- Due to weather or other conditions, the floors and/or festival Event grounds may in whole, or in part, slippery.
ARTICLE 15: MEDICAL CARE
- You hereby consent to medical care and transportation in order to obtain treatment in the event of injury as festival Event staff, security, police or medical professionals may deem appropriate in their reasonable discretion. You understand this waiver extends to any liability that arises out of, or is in any way connected with, the medical treatment and transportation provided in the event of an emergency and/or injury.
- You hereby agree to release and hold harmless the LivelyLands Production Parties from any liability arising out of or in connection with the actions or omissions of LivelyLands Production Parties related to Your medical care.
- You recognize and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated. By entering the festival Event site, You voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that may sustain as a result of attendance at the festival Event or while on the premises, whether or not caused by the negligence or gross negligence of LivelyLands Production Parties.
ARTICLE 16: INDEMNIFICATION
- You hereby indemnify and hold harmless LivelyLands Production, its parent, affiliate, and subsidiary companies, and each of their respective representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns, the owner of the venue where the festival Event is located, Event sponsors, the promoter(s), and the performing artists, including, but not limited to, their respective management, their agents, their staff and their designees (collectively, the “Company Parties”) from any loss, liability, damage or cost in any way arising out of, or related to, Your actions and omissions at, around, or while traveling to and from, the festival Event.
- You hereby waive, discharge, hold harmless and covenant not to sue LivelyLands Production Parties from any and all liability arising out of, or in connection with, the festival Event, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of, or related to, the festival Event, Your attendance at the festival Event, or Your travel to and from the festival Event, whether or not caused by the negligence or gross negligence of the LivelyLands Parties.
- IN NO EVENT WILL LIVELYLANDS PRODUCTION PARTIES OR THEIR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, OR IN CONNECTION WITH, THE FESTIVAL EVENT OR ANY PRODUCT OR SERVICE PURCHASED AT THE EVENT, EVEN IF LIVELYLANDS PRODUCTION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER ATTENDEE OF THE FESTIVAL EVENT TO CONFORM TO THESE RULES, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE EVENT, (c) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (d) ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OFEVENT STAFF OR SECURITY TO HONOR YOUR TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE FESTIVAL EVENT IS TO LEAVE THE EVENT. THE LIMITATIONS IN THIS ARTICLE 16 SECTION 3 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE BY YOU.
ARTICLE 17: MISCELLANEOUS PROVISIONS
- In no event shall LivelyLands Parties be liable for any claim unless written notice is given within six (6) months from the date of the loss. No suit for any cause may be maintained against LivelyLands Production Parties unless it is commenced within one (1) year after the festival Event. The parties hereto specifically consent to personal jurisdiction of said courts. You hereby waive Your right to a jury trial.
- These terms shall be governed by and construed under the laws of the State of Texas. Any controversy or claim arising out of or relating to these terms shall be brought only in the courts located in Travis County unless otherwise specified.
- You understand that LivelyLands Parties and all other related parties, including, but not limited to, each of LivelyLands Production Parties and the related parties’ management, employees, and agents, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere at the Event site regardless of fault or reason, so act accordingly. Any and all losses incurred by You under this Article 17, Section 3 shall be subject to Article 16, Section 1 above. The Company recommends that You do not bring any valuables to the Event.
- You unconditionally agree that the terms and conditions contained herein and/or referenced herein represent the entire agreement between You and LivelyLands Festival with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms, including, but not limited to, the text contained on the back of the actual Ticket and/or any contrary understanding or agreements between You and LivelyLands Production. You further confirm that there are no other agreements between You and any of the other LivelyLands Production Parties. You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof, which may be made from time to time without prior notice to You. Any updates to our new terms and conditions will be posted to this website address.
- If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to effect the intent of the parties hereto, and the other provisions contained herein will remain in full force and effect. LivelyLands failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
Revision Date: June 29, 2017