Revision Date: April 17, 2022
By purchasing a ticket and attending the event, which is being produced by Festication LLC ("Festication"), you acknowledge having read the below statement, understand its meaning and legal implications, and agree to it.
In consideration of being allowed to be a willing and voluntary attendee at the event, you understand, acknowledge and agree to the following:
The novel coronavirus ("COVID-19") has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Festication will put in place preventative measures to reduce the spread of COVID-19. However, Festication cannot guarantee that you or anyone will not become infected with COVID-19, or any other coronavirus. Further, attending the event could increase your risk of contracting COVID-19. By purchasing tickets to the event, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending the event and that such exposure or infection may result in personal injury, illness, disability, and death.
You understand that the risk of becoming exposed to or infected by COVID-19 at the event may result from the actions, omissions, or negligence of yourself and others, including, without limitation, the Released Parties (as defined below), artists, production and venue employees, volunteers, and program participants and their families. You voluntarily agree to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any personal injury, illness, disability, death, damage, loss, claim, liability, or expense, of any kind in connection with your attendance at the event, that you or your guests may experience or incur in connection with your attendance at or participation in the event (the "Claims"). On your behalf, and on behalf of your guests, you hereby release, covenant not to sue, discharge, and hold harmless Festication LLC, DDP Worldwide Inc, Feyline Presents, LLC, Cala Formentor, S.A de C.V., Melia Hotels International, S.A., Grupo Posadas, S.A.B. DE C.V., their related and affiliate companies, partners, sponsors, and promoters, and each of their respective officers, directors, shareholders, members, managers, owners, employees, agents, assigns, attorneys, and representatives, as well as the performing artists and their respective management, agents, staff, and designees (the "Released Parties"), of and from the Claims. You understand and agree that this waiver and release of liability includes any Claims based on the actions, omissions, or negligence of the Released Parties, whether a COVID-19 infection occurs before, during, or after your participation in the event.
You certify that you are (as of the date of purchase and also on the date of the event) physically able to attend the event and have not been advised otherwise by a qualified medical professional. You certify that you have not knowingly been in contact with COVID-19 and are not sick or exhibiting any symptoms of COVID-19, which includes 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 general malaise. You agree to comply with any and all rules, regulations, terms and conditions of the event, including, but not limited to, those set forth herein, as well our zero-tolerance policy for impaired/drunk driving.
You intend that this waiver and release of liability shall be construed broadly to provide a waiver and release to the maximum extent permissible under applicable law. Should any part of these terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion declared invalid should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
BY PURCHASING A TICKET AND ATTENDING THE EVENT, YOU CERTIFY THAT YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS AND ARE DOING SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.