St. Augustine Food & Wine Festival Legal Disclaimer – Terms & Conditions
In exchange for allowing me to purchase or possess a ticket to, attend and participate in any St. Augustine Food & Wine Festival (“SAF&WF ”) event, the sufficiency of such consideration being hereby acknowledged, I accept and agree to the following:
As used herein, the term “SAF&WF Affiliate(s)” shall collectively refer to and include: the SAF&WF , its owners, officers, directors, agents and assigns; its event management, production affiliates and venues; the Tourism Leadership Council and its owners, officers, directors, agents and assigns; The AdFish Group and its owners, officers, directors, agents and assigns; and all SAF&WF contractors, volunteers, participants and exhibitors.
TICKET PURCHASE AND POLICIES
All Ticket purchasers and/or holders, including you and any minor child or children for whom you have the capacity to contract (collectively, “Ticket Holders”), are subject to all terms and conditions set forth herein and all other applicable policies of the SAF&WF Affiliates (“Policies”). As it may be, that persons can purchase tickets to SAF&WF, that may not be intended for their personal use, but for use by a third party or entity, it shall be the sole responsibility of the person(s) purchasing such ticket(s) to make aware and/or inform such ticket holder(s) of the "Terms & Conditions" for such tickets as contained herein at the time of purchase. Affiliates may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all Policies without advanced, direct or individual notification (collectively “Revision(s)”) by posting Revisions on the festival’s website located at www.savannahfoodandwinefestival.com, and all Revisions shall relate back to the date of Ticket purchase.
Each ticket conveys a revocable license to enter the SAF&WF at the date(s) and time(s) listed on the ticket only. SAF&WF reserves the right, without paying a refund, to refuse a Ticket Holder’s entry to or to eject a Ticket Holder from any SAF&WF event for failure to comply with all Policies, venue rules, applicable laws, and health screening and security measures, the determination of said failure being subject to SAF&WF's sole discretion.
CHANGES TO LINE-UP, DATE OR VENUE
SAF&WF venues, participant line-ups, dates and times are subject to change without notification.
LOST, STOLEN OR DESTROYED TICKETS
SAF&WF Affiliates assume no legal, financial, or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets.
NO “SCALPING” OR RESALE
Tickets are intended for personal use only. The resale or the attempted of any Ticket at a price greater than face value is strictly prohibited. In such case, SAF&WF shall have the right to cancel all or part of the applicable ticket order.
FORCE MAJEURE EVENTS
Upon the occurrence of a force majeure event, including but not limited to, events outside SAF&WF Affiliates’ control, acts of God, pandemics, outbreaks, riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), or any other event(s) that may be adjudicated to be a force majeure event under Florida law, SAF&WF shall, at its sole and absolute discretion, have the right, but not the obligation, to: (a) issue a refund; (b) elect to postpone the Festival; or (c) cancel the Festival without further legal or financial obligation or liability to you.
If SF&WF elects to issue a refund, the Ticket purchaser of record only shall be refunded in an amount equivalent to the face value of Ticket(s). Purchaser shall not be entitled to a refund of any shipping, handling or other processing fees.
NOTIFICATION OF FESTIVAL CANCELLATION OR POSTPONEMENT
If the Festival is cancelled or postponed, whether in whole or in part, or if a Venue is closed, SAF&WF shall post a notification on its website and social media channels relating to such cancellation or postponement. Every attempt to email ticket purchasers of record will be made.
ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES.
This Festival is a “Rain or Shine” Festival. Unless otherwise specified herein to the contrary, there shall be NO refunds or exchanges relative to Ticket purchases.
TICKET CONFIRMATIONS; PROOF OF DELIVERY
Ticket order confirmation shall serve as conclusive and indisputable proof of delivery of Ticket(s).
ASSUMPTION OF RISKS, RELEASE, WAIVER OF LIABILITY AND COVENENT NOT TO SUE
Ticket Holder fully understands and acknowledges there are risks incidental to attending any SAF&WF event, including but not limited to the risks of personal injury and/or damage to property (“Risks”). Ticket Holder fully assumes liability for any and all Risks, whether known or unknown (“Risks”) by Ticket Holder, and RELEASES, WAIVES, DISCHARGES, and COVENANTS NOT TO SUE any SAF&WF Affiliate from or for any alleged damages related to or arising out of said Risks, to the fullest extent permitted by Georgia law.
COVID-19 and/or OTHER CONTAGIONS
Ticket Holder understands and fully acknowledges the risks and hazards of the novel coronavirus COVID-19 (“COVID-19”) and/or other contagions, is familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19 and/or other contagions, acknowledges and understands that the circumstances regarding COVID-19 and/or other contagions change regularly, and that, accordingly, the CDC guidelines are regularly modified and/or updated. Ticket Holder therefore assumes and accepts full responsibility for compliance with said CDC regulations.
Ticket Holder freely and willingly chooses to attend and participate in the SAF&WF notwithstanding the risks and hazards of COVID-19 and/or other contagions and acknowledges that COVID-19 and/or other contagions is one of the Risks identifies in the paragraph above, and expressly agrees to RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE any SAF&WF Affiliate from or for any alleged damages related to or arising out of COVID-19 and/or other contagions, to the fullest extent permitted by Florida law.
LOST OR STOLEN PROPERTY
SAF&WF Affiliates shall not be held responsible, financially, or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere during an SAF&WF event, regardless of fault.
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by Ticket Holder and SAF&WF, Ticket Holder agrees to defend, covenant not to sue, indemnify, save and hold harmless and forever release, all SAF&WF Affiliates from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Festival, to the fullest extent permitted by Georgia law.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE
In exchange for additional consideration, Your ticket is receipt and sufficiency of which is acknowledged herein by You and SAF&WF and its contractors, shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. SAF&WF shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that SF&WF shall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and SAF&WF, SAF&WF shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Festival, and whether in or out of context.
NO ILLICIT DRUGS
SAF&WF and the venue maintains a zero-tolerance policy regarding the illegal or illicit drug use at the venue or otherwise during the Festival. The discovery of any prohibited items shall constitute a violation of SAF&WF’s anti-drug policies and shall correspondingly give SAF&WF the right to immediately revoke Your License to access the Venue, to attend the Festival and to deny You any future admission to the Festival or Venue without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and SAF&WF, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees for any losses, whether personal injury or property damage, resulting from or relating to Your illicit drug use, Your use of anything in violation of these terms and conditions.
PROHIBITED ITEMS AND ACTIVITIES
The following items and activities are strictly prohibited at the Festival: the use of video or audio recording equipment; outside food or beverages; unauthorized vendors or performers; handing out fliers or leaflets; pets; oversized bags; skate boards, roller skates, bikes or the like; wagons; fireworks; radios or other music players; placards or signs; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of the Festival by others or poses a threat to public safety, as determined in the sole discretion of SAF&WF. SAF&WF reserves the right to terminate Your License to the venue at any time if You engage in any prohibited activities.
SAF&WF shall, at all times, have the right to assign or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You.
You agree that the terms and conditions contained herein, and as amended from time to time by SAF&WF, represent the entire agreement between You and the SAF&WF with respect to its subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.
ARBITRATION OF DISPUTES
Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and SAF&WF or You and any company or person employed by or which is affiliated with either SAF&WF, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of Georgia law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator.
In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to Ticket purchases” as set forth above, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that SAF&WF shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
By making a purchase of Ticket(s), You acknowledge and agree that You are at least 21 years of age. You cannot share or duplicate tickets. Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of SAF&WF.